Wrongful death occurs when a victim loses their life because of the negligent actions or inactions of someone who owed them a duty of care. For example, all drivers have a duty of care to others on the road to follow traffic laws and drive safely. So, if a person causes an accident that leads to death, the victim’s family may be entitled to file a wrongful death action.
If you lost a loved one in an accident that was preventable, you may have grounds for a wrongful death claim against the at-fault party. A Springfield wrongful death lawyer from the Fitch Law Firm LLC may be able to help you pursue compensation after this type of accident through a wrongful death insurance claim or lawsuit.
Our Legal Team Can Manage Your Wrongful Death Case for You While You Grieve
Processing the death of a loved one takes time, so we understand if you are feeling overwhelmed by your emotions, sudden financial setbacks, and other life demands. You do not have to work alone in your legal effort to recover compensation.
Our legal team at the Fitch Law Firm LLC can work by your side and manage your case for you while you take the time you need to mourn. We want to serve as your legal support, and we understand that the main way we can help you is to provide our legal services to build your case in Springfield.
If you qualify, a wrongful death lawyer from our firm can help you by:
- Investigating the accident and identifying the liable party
- Providing legal advice and designing a strategy for your case
- Collecting evidence that establishes how the other party should be held liable for your loved one’s death and other damages
- Managing all communications, deadlines, and paperwork in your case
- Representing you in settlement negotiations
- Taking the case to trial if necessary
Our team will also help you calculate the value of your damages, which may require consulting other industry experts or retrieving financial evidence that can support the values we claim. We can discuss our methods of calculating your damages and provide guidance on the other steps we take to build the case.
You May Collect Compensation for Damages Related to Your Loved One’s Death
With a wrongful death claim or lawsuit, you may be able to recover damages related to your loved one’s death, such as:
- Funeral and burial costs
- Loss of consortium and protection
- Loss of income, services, and inheritance
- Loss of parental guidance
- Loss of companionship
- Loss of society
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.
(614) 545-3930 Other Economic and Non-Economic Damages You May Qualify for
When filing a civil action in Ohio, you may be able to recover other damages, depending on the circumstances of the accident. These damages may have been experienced by your loved one prior to their death or by you as a result of it. Some of these damages include:
- Medical expenses
- Property damage, such as to a vehicle
- Pain and suffering
- Emotional distress, including psychological trauma
Our team can discuss what you, your loved one, and your family have experienced. We want to extend our condolences, as this can be a difficult time for you to go through, especially if you are asked to relive the loss you’ve suffered.
Our team wants to help you account for your losses and fight for compensation on your behalf. We aim to be as accurate as possible so that you can reduce the financial burden of your loved one’s death.
How Much is an Ohio Wrongful Death Suit Worth?
When you have lost a loved one due to someone else’s negligence, it can be difficult to place a value on the claim. Clearly, no amount of money can replace someone you lost. With a wrongful death lawsuit, however, you can seek compensation for losses related to your loved one’s death, so that you don’t have to worry about financial considerations in addition to adjusting to your loss.
Because every case is unique, we can’t predict the specific value of a wrongful death claim. Several factors can affect the value of the claim, including the age of the deceased, loss of income, the nature of the family relationships, whether the deceased had insurance coverage, and whether it is possible to collect from the at-fault entity.
A Springfield wrongful death attorney can examine your claim and help you place a value on the claim that will cover the expenses associated with the unfortunate loss of your loved one.
Our Firm Handles Wrongful Death Cases Involving Various Scenarios
Death can stem from several causes, so “wrongful death” as a legal practice area is a broad category that encompasses all sorts of case types. Our legal team at the Fitch Law Firm LLC handles the following types of wrongful death cases:
Vehicle Accidents as a Cause for Wrongful Death
Vehicle accidents—including accidents involving large trucks, buses, SUVs, passenger vehicles, motorcycles, bicycles, and pedestrians—are a significant cause of fatalities in the United States each year. Factors that may cause a fatal vehicle accident and warrant a wrongful death claim include:
- Road damage
- Vehicle malfunctions
- Service issues
- Driver inexperience
- Speeding
- Reckless driving
- Driving under the influence
- Not following traffic control signs or signals
- Driving while distracted
Whether your loved one passed away in an accident on Lagonda Avenue or East Main Street, a car accident lawyer from our team can investigate your accident case and help you gather evidence to support your claims.
Losing a Loved One Due to Medical Malpractice
Medical negligence or malpractice is when a patient is somehow harmed by the negligent actions or inaction of a doctor, nurse, or another medical care provider or facility.
Acts of medical malpractice may include:
- Not performing a test
- Incorrectly reading test results
- Misdiagnosing an illness
- Performing the wrong procedure
- Making errors during a procedure
- Misusing medical devices
- Not providing adequate follow-up care
- Pharmacy errors
- Drug dosage errors
- Birth injuries
A medical malpractice lawyer from our team may be able to work with a medical expert in our network to build evidence that establishes how the malpractice took place against your loved one and led to their death.
Other Accident Cases We Handle Involving Wrongful Death
Beyond automobile accident and medical malpractice cases, our law firm can also work with wrongful death cases involving:
- Boating accidents
- Train accidents
- Defective products
- Dog bites
You can visit our practice areas page to view a full list of cases we handle. If you do not see the category in which your case falls, our team may still be able to assist you. We offer free case reviews during your first consultation to discuss potential legal options.
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You Have a Time Limit to Submit Your Wrongful Death Case
Note that your time may be limited to act. There is a general two-year statute of limitations for wrongful death lawsuits in Ohio, per Ohio Revised Code Section 2125.02.
Building your case as soon as possible is advised so that you can initiate the process on time—because if you file a lawsuit late, you may:
- Risk having the case dismissed as soon as you submit it
- Give grounds to the liable party to request the case be dismissed due to tardiness
- Be barred from collecting compensation if the case gets dismissed
Once you decide to work with a wrongful death lawyer from our firm, we immediately get to work on your case and try to file a lawsuit as soon as possible. In doing so, we may also be able to retrieve time-sensitive evidence, such as surveillance footage, records, and witness testimony.
Who Can File a Wrongful Death Claim in Ohio?
Per Ohio Law, a civil action for wrongful death can be brought by the deceased’s personal representative. Such a suit can only be used to provide compensation for the spouse, children, adopted children, or surviving parents of the deceased individual. The law presumes that these individuals are the most likely to have suffered damages due to the death of their loved one.
According to Ohio Revised Code §2113.05, the personal representative of the deceased’s estate is appointed by the Court in accordance with the decedent’s will if the representative is suitable and competent. The appointed representative must accept the appointment and give bond if necessary. If they do not meet these requirements, the Court will appoint another person as executor.
How Long does It Take to Receive a Wrongful Death Settlement?
The unique nature of each personal death claim makes it impossible to predict how quickly a settlement will be reached. A highly complex case may take years to settle, while a more straightforward claim could take a few months. If the deceased or at-fault party have insurance policies that cover wrongful death, your attorney will work to negotiate a fair settlement on your behalf.
While many such cases are settled out of court, sometimes negotiations fail, and the case must go to trial. Highly contested cases may even go through multiple appeals processes. A wrongful death attorney with experience in Ohio injury law will be able to provide you with an estimate for your settlement, depending on the specifics of your case.
Call the Fitch Law Firm LLC Today to Start Building Your Case
If your loved one passed away in a wrongful death accident, you are not alone. A wrongful death lawyer from the Fitch Law Firm LLC may be able to oversee all aspects of your Springfield case when we represent you.
With more than 30 years of experience handling personal injury and wrongful death claims, the lawyers at the Fitch Law Firm LLC understand the complexities of Ohio law as it pertains to wrongful death. Our dedicated team of wrongful death attorneys will skillfully negotiate with insurance companies to obtain a fair settlement and justice for your lost loved one. If we are unable to reach an acceptable agreement, our lawyers will not hesitate to aggressively defend your legal rights before a jury.
Although you may be tempted to take the first settlement an insurance company offers, a wrongful death attorney can help you avoid common pitfalls and ensure that you receive the compensation you deserve for the loss of your loved one.
For a free consultation on your case with a member of our wrongful death team, call the Fitch Law Firm LLC today. We may be able to offer you representation on a contingency-fee basis, where you do not owe us attorney’s fees unless and until you recover compensation via a settlement offer or court award.