1000 adams street suite #200, toledo, oh 43604-7507 · 419.242.1555

Wrongful Death

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Wrongful Death

Has someone you care about been killed because of someone’s negligence or wrong decision? Unfortunately, it happens all of the time. Maybe a nurse gave your husband the wrong medicine when he was in the hospital. Maybe your grandson was hit by a car that was going too fast down your residential street. Maybe someone at the factory where your wife works mishandled a piece of machinery, resulting in her death. Whatever the cause, the pain is overwhelming.

We understand that no amount of money can ease that pain. However, we don’t feel that a person’s mistake or bad decision should go unchecked. We think you deserve money to make up for your loss and for the loss of income you may have suffered from your spouse’s demise.

 

If someone you love was killed because of someone else’s negligence, contact Spitler & Williams-Young today. As your loved one’s heir or beneficiary, you have distinct rights worth protecting. Our professional skills and personal care will help you in this sensitive time when you need an advocate the most. Let us protect you.

What is a wrongful death claim?

What is a wrongful death claim?

wrongful death claim is a legal term that covers lawsuits concerning a myriad of situations that result in a person’s life being cut short by the negligent or deliberate act of another person.

When someone dies as a result of someone’s error or misjudgment, the heirs of the person who died can file a lawsuit on behalf of the deceased and for the emotional and economic loss of support of their loved ones. This is a civil lawsuit and is tried in common pleas court, not in criminal court.

Common types of wrongful death lawsuits include claims for:

  • Medical malpractice
  • Nursing home negligence
  • Errors made in prescribing medication
  • Car, motorcycle, and trucking accidents
  • Defective products
  • Workplace accidents

What you need to know about a wrongful death claim

What you need to know about a wrongful death claim

The term “wrongful death” is likely to be foreign to you if you don’t work in the legal profession. Below are a few facts about this type of claim as it applies to Ohio.

  • Ohio law defines “wrongful death” as “a death that occurs due to another person’s or party’s “wrongful act, neglect, or default.”
  • According to Ohio law, only the individual who is named as the personal representative of the deceased’s estate may file the action. This is the person (or business) that the deceased named in his or her will as the executor/executrix.
  • Compensation in a wrongful death claim can cover financial losses incurred due to the death, such as medical, funeral and burial costs. However, they can also include things like lost financial support that the deceased would have earned and provided had he or she lived, as well as childcare costs incurred because the deceased is not home to care for children and loss of things like companionship, education and security due to the death. In some cases, families have been awarded compensation for emotional anguish and suffering.

Why you need an attorney to help you with a wrongful death claim

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Why you need an attorney to help you with a wrongful death claim

We understand that this is a difficult time for you and your family. That’s exactly why you need an experienced attorney who knows the players and the procedures of this type of lawsuit. The months following the death of a loved one is no time to be teaching yourself the intricacies of civil law. Just like you’d never try to re-wire your house by yourself, you need a professional to guide you through the legal process of filing a wrongful death claim.

There is also a good reason to act quickly. Not only will a timely lawsuit help you get the financial assistance you need more quickly, but many states have a time limit as to when you can file a wrongful death claim. In Ohio, that limit is two years from the date the person died or from when it was discovered that it was a wrongful death.

Our experienced legal team knows who to talk with and how to get things done in Ohio courthouses. We’ll spare you as much as possible the daily grind of pursuing your wrongful death claim and negotiate fairly, but sternly on your behalf.

Working with our experienced legal team

Working with our experienced legal team

Don’t let our small size fool you. We think that’s our advantage. We have the experience you need, but we also take the time to listen to your story, your situation and your hopes for the future. Only then do we suggest a plan of action.

If you feel you have a wrongful death claim, we invite you to call us and make an appointment to meet with one of our attorneys. The first consultation is free. We’ll discuss our fees at the consultation, but in most cases, we won’t send you an invoice until (or unless) we are able to collect money on your behalf.

If someone you love was killed because of someone else’s negligence, contact Spitler & Williams-Young today. As your loved one’s heir or beneficiary, you have distinct rights that are worth protecting. Our professional skills and personal care will help you in this sensitive time when you need an advocate the most. Let us protect you.

TOUGH. TESTED. TRIAL READY.