A death is considered wrongful when it is caused directly or indirectly by someone else, either through intentional action or negligence. In this case, a wrongful death lawsuit or claim can be brought against the at-fault party. Family members or the decedent’s personal representative, depending on their situation, can file the wrongful death case on …
Can You Sue for Wrongful Death in a Motorcycle Accident Lawsuit?
You can sue for wrongful death in a motorcycle accident lawsuit if you lost a loved one. Such an action could help you secure a settlement or judgment to pay for any losses that either the accident or your loved one’s passing caused. How to Sue for Wrongful Death After suffering a loss, you can …
What Is the Statute of Limitations to File a Wrongful Death Case?
Each state has its own statute of limitations, so you will have to check with your state’s law to determine the filing deadline for your case. If you live in Ohio, the statute of limitations to file a wrongful death case is generally two years, per Ohio Revised Code Section 2125.02. The two-year statutory deadline …
How Do You Prove Negligence In a Wrongful Death Lawsuit?
You can prove negligence in a wrongful death lawsuit by demonstrating that the other party failed to act according to a certain level of care and that this failure caused your loved one’s death. For example, when it comes to a car accident, you will need to prove the defendant did not drive with the …
What Are the Causes of Wrongful Death?
Every death is a tragedy that affects not just a decedent but also their family members. For those surviving family members, it is worth asking how this event occurred. If people are able to connect a death to the negligent actions of another person or corporation, they may have justification to seek compensation through a …
How Long Can a Wrongful Death Lawsuit Take?
Unfortunately, how long a wrongful death lawsuit takes is different for every case, as each one is unique, and the things that family members must prove in court will vary based on the exact circumstances that led to the death. However, to properly pursue a wrongful death lawsuit, it will likely take several months or …
How Are Wrongful Death Settlements Paid Out?
A wrongful death settlement is paid out by the at-fault party or their insurance provider. If you represented yourself and your family and accepted a settlement offer, you might receive the settlement amount directly, but only after Probate Court approval. Suppose a personal injury or wrongful death lawyer represented you on a contingency-fee-basis. In that …
Who Can File a Wrongful Death Case?
A decedent’s personal representative, usually a relative appointed by the probate court, may file on behalf of the family. If you are not sure if you qualify to file a wrongful death lawsuit, you can call a law firm and discuss your situation. A lawyer may be able to answer your question based on your …