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Moving forward after a wrongful death in Ohio

On Behalf of | Mar 24, 2021 | Uncategorized

The death of any loved one can be hard to withstand, but it can be made even more difficult when it’s a death due to someone else’s negligence or recklessness. It can be hard to know how to move forward after the wrongful death of a loved one. As you and your family are figuring out the next steps, there are some crucial things to keep in mind.

Are you eligible for a lawsuit?

If you believe that your loved one’s was a wrongful death, you might have grounds for a lawsuit. In order to file a wrongful death claim, the surviving spouse or children of the deceased person must prove the following:

  • The person died due to someone else’s negligent, reckless or intentional behavior.
  • The person’s surviving family members are emotionally and financially impacted by the death.

Deaths, especially unexpected ones, tend to leave both emotional and financial hardship on a family. Filing a wrongful death lawsuit and winning the case might be able to provide some relief for the family and loved ones involved.

These damages have to be measurable. For example, if the person who died was the breadwinner, you’d measure the loss in their salary. You can also use things like medical debt for treatment before the debt, cost of therapy for survivors and other expenses to establish a measure of impact on the family.

What types of death might qualify as a wrongful death?

There are several different factors that might lead to a wrongful death. Automobile accidents are a common cause due to drivers under the influence, drivers texting and driving, etc. Work-related accidents and medical malpractice are other top causes of such deaths. Any other unlawful acts that lead to the person’s death might qualify it as a wrongful death.

What’s the process to file a claim?

The process might change depending on the exact case, but your family should be prepared with evidence of damages to file the lawsuit. An experienced attorney may help you gather documentation and submit your claim.