Ohio Wrongful Death Lawyer

Ohio Wrongful Death Attorneys

A loved one’s unexpected death can leave your family with financial strain and overwhelming grief. If someone else is at fault for your loved one’s death, you could seek compensation with a wrongful death claim by hiring an Ohio wrongful death lawyer at Gervelis Law Firm.

At Gervelis Law Firm, we advocate for wrongful death victims and their families every day. Our Ohio wrongful death attorneys can help you understand your rights and seek the compensation and justice you deserve.

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What Is Wrongful Death?

Ohio law defines wrongful death as a person’s death caused by someone else’s wrongful act or negligence. A wrongful death claim seeks compensation for the victim’s surviving close family members.

Many scenarios can lead to a wrongful death case, including:

• Motor vehicle accidents, such as car, truck, and motorcycle crashes
• Medical malpractice, such as surgical errors or misdiagnoses
• Birth injuries
• Construction accidents and other workplace incidents
• Slip-and-fall accidents
• Dog bites

Who Can File a Wrongful Death Claim?

The only party who may file a wrongful death claim in Ohio is the personal representative of the victim’s estate. The personal representative files the claim for the victim’s surviving family members. Family members who are typically eligible to receive wrongful death compensation include:

• Spouse. The victim’s husband or wife may recover compensation through a wrongful death claim.
• Children. The victim’s biological or adopted children are entitled to compensation.
• Parents. The victim’s biological or adoptive parents may recover damages. If the parent abandoned their minor child, who is also the wrongful death victim, they may be ineligible for compensation.
• Next of kin. Any next of kin other than the victim’s spouse, children, or parents may seek compensation if they suffered damages.

How Can Our Wrongful Death Attorneys Help?

Your family deserves fair compensation and a sense of justice after your loved one’s untimely death. Our firm can help you seek exactly that. We’ve spent decades advocating for Ohio families and are ready to put that experience to work for you.

You have enough on your plate during this challenging time. We want to ease some of your burden. Our Ohio wrongful death lawyers can handle all the legal details, including:

• Determining who’s at fault for your loved one’s death
• Gathering evidence for a strong claim
• Calculating your family’s damages
• Negotiating a settlement with at-fault parties or insurance companies
• Representing you in court if negotiations are unsuccessful

We have deep knowledge of Ohio’s wrongful death laws and how they might affect your claim. When you turn to our attorneys, we’ll take the time to truly understand who your loved one was and how their death has affected you. We’ll pursue the full amount of compensation available for your losses while you focus on grieving and moving forward.

Our Ohio Wrongful Death Attorneys

Our team includes three accomplished personal injury attorneys who share a passion for supporting bereaved families.

Mark Gervelis

Founding attorney Mark S. Gervelis is a civil trial lawyer certified by the National Board of Legal Specialty Certification (NBLSC). He’s a member of the Million Dollar Advocates Forum, one of the nation’s most prestigious groups of trial lawyers. Mark was recognized by Ohio Super Lawyers from 2007 to 2012 and from 2014 to 2016. However, awards and recognition are not guarantees of future results. Selection criteria vary by organization.

David Tschantz

Attorney David Michael Tschantz joined our firm in 2011 and focuses his practice on car, truck, and motorcycle accidents. Dave, a lifelong Ohio resident, is active in several local professional organizations, including the Mahoning Trumbull County Academy of Trial Lawyers and the Scanlon-Bell Inn of Court in Akron. He was recognized as a Super Lawyer Rising Star from 2014 to 2016.

Stephanie Mehle

Attorney Stephanie M. Mehle joined our firm in 2015. She’s an active member of the Mahoning County Bar Association and the Mahoning and Trumbull County Academy of Trial Lawyers. Stephanie received her Juris Doctorate from the University of Akron School of Law and graduated cum laude.

What Must the Representative Prove in an Ohio Wrongful Death Claim?

Under the laws in Ohio, wrongful death claims are permitted when neglect or a wrongful act caused a person’s death. In plain terms, the case must meet what many lawyers commonly refer to as the “foundation test.” If the deceased person could have filed a claim for their personal injury claim if they had lived, then their personal representative may bring a wrongful death claim for the surviving beneficiaries.

To succeed, an injury claim must establish several core elements:

• Duty. The defendant owed the deceased a legal duty of care.
• Breach. The defendant violated that duty through negligence, recklessness, or wrongful acts.
• Causation. That breach caused the death.
• Resulting loss. The death created measurable harm for surviving beneficiaries.

Importantly, the standard of proof is civil, not criminal. The claim must be proven by a legal standard known as a “preponderance of the evidence,” meaning it is more likely than not that the defendant’s conduct caused the death. This is a lower burden than proving “guilt beyond a reasonable doubt,” which is used by the criminal courts.

A wrongful death case may proceed even if criminal charges are filed. The civil claim serves a different purpose. Criminal cases focus on punishment and public safety. A wrongful death action seeks recompense for the losses that surviving family members suffered, both emotional and financial. Ohio’s statutes provide remedies for deaths resulting from serious misconduct, even when criminal charges are not brought or the defendant is not found guilty.

Wrongful death claims can arise from fatal vehicle collisions, medical malpractice, slips, assaults, and other causes. Families often seek life-saving treatments for their loved ones at facilities like the Cleveland Clinic, The Ohio State University Wexner Medical Center, or University Hospitals Cleveland Medical Center. Attempts to save their loved one’s life can leave families burdened with heavy medical bills.

Wrongful Death Versus Survival Action: Understanding the Difference

A wrongful death claim focuses on losses suffered by surviving beneficiaries. These may include loss of financial support, loss of services, loss of companionship, and mental anguish, among other compensable damages. A personal representative of the estate brings the claim, but the compensation is intended for qualifying family members.

Survival actions serve a different purpose. The claim preserves the standard that forms the basis of a wrongful death claim. Survival claims are typically tied to the estate rather than the beneficiaries. Survival claims can also lead to compensation for things like medical expenses, emotional suffering, and physical pain. While wrongful death claims are filed for the surviving loved ones, survival actions are filed for the deceased.

What Is the Statute of Limitations for Wrongful Death in Ohio?

Ohio’s wrongful death statute of limitations is two years. That means you have two years from the date of your loved one’s death to file a wrongful death claim.

Medical malpractice claims have a different filing deadline. If medical malpractice caused your loved one’s death, you must file a claim within one year.

Another common exception to the deadline is the discovery rule. If you didn’t find out that someone else is at fault for the death until a later date, the countdown on the two-year clock may not begin until then.

If you miss your case’s statute of limitations, you may lose your right to seek compensation. Acting quickly also gives our attorneys more time to build a strong case before key evidence starts to fade.

What Compensation Can You Receive in a Wrongful Death Case?

The damages you’re eligible to receive may depend on your relationship to the deceased. Common types of compensation available in wrongful death cases include:

• Funeral and burial expenses
• Medical expenses for the care the victim received before their death
• Loss of financial support from the victim
• Loss of services from the victim, such as childcare, elder care, or housework
• Loss of the victim’s companionship, care, protection, advice, guidance, and education
• Loss of prospective inheritance
• Mental anguish, such as grief

How Are Wrongful Death Settlements Paid Out?

Each eligible family member will receive an amount proportional to their damages. For example, a surviving spouse or minor child may receive a larger portion of the settlement than the victim’s parents.

After both parties sign a settlement agreement, the insurance company will send the funds to our legal team. We’ll deduct our fees and any money owed to third parties before distributing the remaining funds to the family members.

You may receive your wrongful death compensation as either a lump sum settlement or a structured settlement. With a lump sum settlement, you’ll receive all of the funds at once. With a structured settlement, the funds will be broken down into smaller, regular payments over a period of time.

Why You Should Hire a Wrongful Death Lawyer

If your family suffered the ultimate loss resulting from someone else’s misconduct or negligence, you have the right to hire a wrongful death lawyer to represent you throughout the wrongful death case. Ohio’s wrongful death laws are strict and require evidence and timely court filings. An Ohio wrongful death attorney can keep the case on track and focused on securing the compensation owed to your family.

The crime rate in Ohio is 30.25 per 1,000 residents, and an attorney may need to explain the potential impact of a criminal case tied to the death of your loved one. Even when liability is not disputed, the at-fault party’s insurance carrier may attempt to downplay the harm you suffered.

Legal representation plays a critical role when it comes to calculating the value of the harm you suffered, so your family has the resources they need to pay for funeral expenses and other related costs. Having an attorney can position you for a favorable outcome that holds the person who caused the death of your loved one accountable.

FAQs

Q: What Factors Affect the Value of a Wrongful Death Claim in Ohio?

A: The value of a final settlement could depend on the financial harm the death caused surviving loved ones and the degree of neglect that led to the death. Traffic stops led to 1,864 OVI arrests in Ohio last year, and someone who causes a death while intoxicated could be held liable for funeral costs, loss of earning capacity, and the emotional suffering and physical pain their actions caused. Legal representation plays a crucial role in accurately calculating that total.

Q: How Are Attorney Fees Handled in a Wrongful Death Claim?

A: Attorney fees in a wrongful death claim are typically handled on a contingency fee basis. This means that the attorney helping the representative of the estate is paid from the negotiated settlement or a favorable court verdict. This arrangement is highly favorable for surviving loved ones who are not burdened with legal fees on top of their current financial hardships.

Q: Who Can Start a Claim for Wrongful Death in Ohio?

A: In Ohio, the personal representative of the person’s estate must file a wrongful death claim. This individual is often named in the will, or the probate court appoints one if no will exists. Although a personal representative must file the claim, it is brought for the surviving members of the family, such as a spouse, children, or parents. Compensation is intended to benefit those who suffered losses due to the death.

Q: What Must the Representative Prove in an Ohio Wrongful Death Case?

A: A successful injury claim must show that someone’s wrongful act or negligence caused the death. The party pursuing compensation must show that the defendant owed a duty of care. Falls account for 60 percent of traumatic brain injuries in Ohio, for example, and property owners could be held liable for failing to address hazards on their business or property. A successful injury claim must be backed by evidence and sound legal arguments.

Q: What Type of Attorney Handles Wrongful Death Claims?

A: Wrongful death claims are typically handled by personal injury lawyers. A wrongful death claim is a type of personal injury claim that requires the same standard of evidence and similar court filings. Not all injury lawyers have extensive experience managing wrongful death claims or survival actions, so be sure to ask your attorney about their recent cases and the outcomes of those claims.

Contact an Experienced Attorney at Gervelis Law Firm Today

We’re here for you after your family’s tragic loss. If you believe someone else is responsible for your loved one’s death, we want to pursue justice, closure, and compensation for your family.

Our Ohio wrongful death attorneys are ready to explore your legal options and start building a strong claim against the at-fault party. Contact Gervelis Law Firm online or call 330-533-6565 today for a free consultation.