Statistics from the Ohio State Highway Patrol indicate that there were about 1,155 traffic fatalities statewide in 2019. Losing someone close to you can be a difficult and emotional experience. If you believe that someone else’s wrongful actions caused your family member’s death, you can seek to hold the responsible party accountable by filing a wrongful death claim.
At Peterson & Peterson, LLC, we’re committed to offering knowledgeable legal guidance and compassionate representation to the families of wrongful death victims. As experienced Ohio personal injury attorneys, we will file a wrongful death action on your behalf and pursue fair financial compensation to cover funeral expenses, lost income and benefits, burial expenses, outstanding medical bills, and loss of consortium. Our attorneys will fight vigorously to protect your rights and offer you the experienced legal counsel, support, assistance that you need after your loss.
Our team at Peterson & Peterson is proud to represent clients throughout Xenia, Ohio, and the neighboring communities of Beavercreek, Bellbrook, Greene County, Clark County, Dayton, and Springfield.
Dealing with the loss of a loved one is one of the most heartbreaking experiences anyone can go through in life. According to Ohio Revised Statutes Section 2125, a wrongful death is a death that was caused by the "wrongful act, neglect, or default" of another. A wrongful death claim aims to hold the responsible party accountable for an avoidable accident that caused the death of another person and compensate the family members of the deceased.
Even though no amount of financial compensation can be enough to bring back the decedent or fill the void left by their death, filing a wrongful death claim can provide the decedent’s surviving loved ones with the much-needed financial boost to cover the ensuing expenses. Through a wrongful death lawsuit, the victim's family can pursue financial compensation and seek to ensure that such an incident doesn’t happen to other families.
Pursuant to Ohio Revised Statutes Section 2125.01:
“When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages.”
To establish a wrongful death claim in Ohio, the plaintiff must prove that:
The defendant owed a duty of care to the deceased
There was a failure to uphold that duty of care
A death occurred
The defendant's actions or negligence caused the death
The surviving family members suffered actual damages due to the death
Under Ohio law, only the “personal representative" of the decedent's estate may bring the wrongful death action to the court. The personal representative can, however, file the claim on behalf of the surviving spouse, children, or parents of the decedent.
In Ohio, the statute of limitations requires that a wrongful death claim must be filed within two years of the date of the victim's death.
According to Ohio Revised Statutes Section 2125.02(B), the following damages may be recovered through a wrongful death claim in Ohio:
Medical expenses incurred prior to the death
Funeral costs and burial expenses
Lost income/wages and other benefits
Loss of support from the reasonably expected earning capacity of the decedent
Loss of the care, companionship, advice, counsel, guidance, and instruction
Loss of the prospective inheritance
Loss of the services provided by the deceased person, including child care, housework, and yard work
Mental anguish suffered by the surviving loved ones
A family member’s death can be tough to deal with. A sudden, avoidable death can have significant, long-term ramifications on your financial, emotional, and mental health. You don't have to face these challenges alone. Hiring an experienced Ohio wrongful death attorney is the first step in pursuing rightful compensation.
At Peterson & Peterson, our attorneys are committed to fighting for justice for wrongful death victims and their surviving loved ones. As your representation, we will:
Provide support for you and your grieving family
Review and investigate the details of your case
Gather all required evidence and documentation
Seek to prove that the defendant's wrongful conduct caused the death
Handle communication and negotiations with the insurers
Help you understand the value of your claim or determine case-value
Take additional legal action, if required
Our attorneys will fight vigorously to protect you and offer the compassionate representation you need to pursue your wrongful death claim. Having our team on your side can enhance your chances of getting the compensation you deserve.
If you have lost a loved one due to another person’s actions or negligence, you deserve an opportunity to seek compensation. Contact us at Peterson & Peterson, LLC today to schedule a free consultation. We are ready to lead you step by step through the process. We represent clients throughout Xenia, Beavercreek, Bellbrook, Greene County, Clark County, Dayton, and Springfield, Ohio.