Our Wrongful death lawyers provide legal advice to next of kin so they can receive financial compensation for a loved one’s death. Wrongful death claims are caused by the negligent, willful, or wrongful act, neglect, omission, or default of another. Settlement of wrongful death claims in Ohio require the appeal of the Probate Court, even if all parties are otherwise in agreement.
In 2017, the US Center for Disease Control and Prevention reported that accidents and unintentional injuries were the third highest leading cause for death in the United States. The frequent nature of these incidents means that they are likely to touch our everyday lives at some point. Accidents that justify a wrongful death action are caused by the negligence of either an individual, or organization, and the resulting death can be attributed to an issue which may include medical malpractice, the intentional taking of a life, or workplace accidents. It may also be helpful to think of wrongful death as arising from a situation in which there would have been a valid personal injury claim if the death had not resulted.
A wrongful death could occur as a result of a variety of situations, including:
- Medical malpractice that results in decedent’s death
- When a victim is intentionally killed. This is separate from murder or manslaughter criminal charges, and may be pursued regardless of conviction in a criminal court
- Neglect or abuse on the part of a nursing home that results in decedent’s death
- Automobile, bus, train, airplane or other common carrier accident that results in a fatality as the result of negligence on behalf of the commercial vehicle operator, owner, or contractor
- Occupational exposure to hazardous conditions or substances, such as exposure to asbestos, though these may need to be resolved through Workers Compensation claims
Our Lancaster wrongful death attorneys focus their practice on personal injury law as a whole. Because of this, they are experienced litigators with significant courtroom experience. Whether arguing wrongful death claims, resolving disputes, or working with the Probate Court to approve settlements and distributions, you can be confident that our wrongful death lawyers will fight for your rights. If you are located in Central Ohio, Southeastern Ohio, Fairfield County, Hocking County, Licking County, Pickaway County, Franklin County, Lancaster, Baltimore, Circleville, Buckeye Lake, Newark, Logan, Canal Winchester, the Greater Columbus area or other locations nearby; we have you covered. Check out the nearest location to you by clicking Our Locations Page
The first step before calling for a consultation:
It is important that you gather as much evidence as you can. During a free consultation an attorney will be reviewing the evidence that you produce. Based on the substance of that evidence and information, an attorney will provide legal advice to pursue a case, or advise that there is no foundation for a lawsuit. Because of this, you want to make sure that you have all your evidence gathered prior to a consultation. There may be more items requested later, but you want your attorney to see all the facts upfront. This may include medical bills, notes that you took regarding your loved one’s medical condition and treatment, police reports, emails discussing concern over an unsafe working condition, pictures of commercial products showing unsafe conditions, and many more. Even if you think a detail may not be significant, we ask that you gather it for our attorneys to review. Based on experience and an understanding of the law, we may be able to use evidence that you regard as “junk.”
After we have received all of your evidence, our attorneys will conduct their own investigation, review the provided materials, and legal research to determine if your case has merit. While it is our goal to fight for your right to collect an award for damages, it is regrettable that some cases may be declined.
Wrongful death claims can be filed by a representative of the deceased victim’s estate, on behalf of those who had a relationship with the victim. A lawyer can help determine which survivor relationships may have a valid claim for damages.
Wrongful Death Damages arise from the compensation for loss, in a wrongful death claim may include the following:
- Loss of consortium
- Loss of Love/companionship
- Loss of care, as in the instance of a child who loses a parent, or potentially even an elderly parent who loses a child who acts as a caregiver
- Value of the loss of services that the deceased would have rendered
- Loss of inheritance and other economic losses
- Loss of expected income from the deceased
- Funeral or burial expenses
- Pre-death pain and suffering on the part of the deceased, which also might be called a survival claim.
- Cost of any medical treatment incurred as the result of the injury that resulted in death
How much will it cost to pursue a wrongful death claim?
With the unexpected death of a loved one comes confusion, stress, and profound grief. Dagger Law seeks to represent our clients in an expedient manner, and the last thing we want someone to be worried about, after such a tragic event as a Wrongful Death, is how much a lawyer will cost. We handle Wrongful Death cases on a contingent-fee basis. This means that our firm collects a percentage of the overall settlement from an insurance company, or award from a trial, as compensation for our experienced legal counsel. Whether your case takes one month, or 18 months, our fee is always a percent of the award. Before retaining services from a Wrongful Death attorney from Dagger Law, Clients meet with their attorney to discuss the case and to ensure that the fee agreement is clearly understood.
Will an attorney travel to me, or do I need to come to your offices in either Lancaster or Canal Winchester?
While some meetings will need to be held in our law firm offices, we will try to minimize your travel time. We offer two convenient locations in both Lancaster, Ohio, and Canal Winchester, Ohio, for appointments. It is our goal to minimize any further disruption to your life caused by legal issues. Many communications or meetings with your wrongful death attorney can be conducted by email or phone. In certain circumstances we realize that it isn’t possible for clients to reach us and we will make considerations to come to your location as needed. If a Dagger Law attorney is retained to represent you, they will travel to all court hearings and legal procedures in order to represent you anywhere in Ohio! Please note that in some instances the cost to represent your case may require an unusual amount of money due to travel expenses. In such cases, we may recommend using legal representation closer to the location of your case. We are happy to provide referrals in these instances, if we are able.
Don’t see your particular issue listed above? That is no problem! We enjoy a challenge, and are happy to assist you with the legal issue that you are facing. Use our convenient Contact Page to schedule an appointment to discuss your legal matter with an attorney.