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The unexpected death of a family member is a tragic experience, but when their death resulted from another party’s negligence or illegal misconduct, you may have grounds for legal action with a wrongful death case. An experienced Ohio wrongful death lawyer is an invaluable asset for these situations, and the team at Kelley Ferraro, LLC can provide the compassionate, results-driven legal representation you need in this difficult time.
The attorneys at Kelley Ferraro, LLC have nearly 30 years of experience handling a wide range of personal injury cases for clients in Ohio, including wrongful death cases. We can help you determine whether someone is liable for your family member’s recent death and, if so, assist you in holding them accountable. Success with your wrongful death case could yield compensation for various damages that can help your family in this challenging situation.
The aftermath of an unexpected wrongful death can be confusing and difficult to manage without an attorney’s help. When you hire a wrongful death lawyer at Kelley Ferraro, LLC to represent you, we will carefully review the details of the incident, determine whether you have grounds to file a claim, and explain what to expect as these proceedings unfold. We are confident we can help you achieve a favorable outcome in your case.
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A wrongful death claim effectively replaces the personal injury case a victim could have filed if they had survived. If a specific party’s negligence or misconduct caused a fatal injury, the personal representative of the deceased’s estate has the right to file a wrongful death suit and seek compensation on behalf of the victim’s beneficiaries.
Some of the most common causes of wrongful deaths in Ohio include:
These are only a few possible ways for wrongful deaths to happen in Ohio. If you believe you have grounds to file a wrongful death case, you need to consult an Ohio wrongful death lawyer at your first opportunity. The team at Kelley Ferraro, LLC can help you explore your options, build a strong case on your behalf, and hold the defendant accountable for the fatal injury they caused.
In a standard personal injury case, the injured plaintiff must identify the defendant who injured them, prove how the defendant caused the injury, and then show the full extent of the resulting economic and non-economic damages. If successful, the plaintiff can claim the compensation they need to recover as fully as possible from the effects of the defendant’s negligence or misconduct.
A wrongful death claim seeks to compensate the victim’s family. If your family member died because of an act of negligence, then you must prove that the defendant failed to act with reasonable care in some way that directly resulted in the victim’s death. Proving negligence will typically require various types of physical and digital evidence. The evidence you need to prove negligence in a wrongful death case varies based on the nature of the fatal incident in question.
In the event the defendant caused the wrongful death in question by breaking the law, they are likely to face criminal prosecution from the state, and their penalties can increase dramatically since they caused fatal harm. However, this criminal case seeks to punish lawbreaking; it does not aim to compensate the victim’s family. Your attorney may leverage the defendant’s criminal conviction as evidence in your civil claim to establish liability.
Some of the evidence you will need to prove liability may not be obtainable for long, and some you will need an attorney’s help to secure. For example, if your family member died in a car accident, you may need traffic camera footage, police reports, and witness statements to prove exactly how the accident happened. It’s important to hire a wrongful death lawyer who can start gathering evidence as soon as possible after the fatal incident in question.
It is also vital to understand how Ohio’s modified comparative negligence rule could apply to your case. If the facts show that the victim contributed to the fatal incident in question in any way, they could be assigned a percentage of fault. In Ohio personal injury cases, any percentage of fault attributed to the plaintiff will be subtracted from their case award, and they will keep the remainder. However, this only applies if the plaintiff was less at fault than the defendant.
If the victim is found more at fault than the defendant, this will negate the family’s ability to claim compensation from the defendant. If comparative fault is a factor in your case, your Ohio wrongful death lawyer can explain how it may apply and influence the total compensation your family is able to recover from the defendant.
A personal injury case seeks compensation that the victim needs to recover from their injury as fully as possible, and the victim has the right to seek compensation for any economic and non-economic damages the defendant caused. A wrongful death case in Ohio is similar, but the plaintiff seeks compensation on behalf of the victim’s family.
The plaintiff in a wrongful death case can claim compensation for damages to the deceased’s estate, such as the cost of the victim’s final medical treatment and any property damage the defendant caused. They can also claim compensation for the lost financial support that the victim can no longer provide to their family, as well as funeral and burial expenses.
In addition to these economic damages, the family can also receive compensation for their mental anguish and emotional suffering. Your Ohio wrongful death lawyer will know how to determine appropriate pain and suffering compensation to seek from the defendant. It is also possible for other forms of compensation to come into play based on the specifics of the case. For example, a defendant may be forced to pay punitive damages to reflect any illegal misconduct.
Building a wrongful death case is challenging in several ways. The family of the victim is likely struggling with their grief and the economic problems that the unexpected death has caused, and there is limited time to file a wrongful death claim in Ohio. When you hire a wrongful death lawyer at Kelley Ferraro, LLC, we will immediately begin building your case and assessing the damages your family may be able to recover.
We are a team of trial attorneys. This means we prepare every case we accept for the possibility of litigation. While settlement is often possible in wrongful death and other personal injury cases in Ohio, this may not be an option if liability is disputed or if the defendant disagrees with the damages claimed by the plaintiff’s family. Preparing your case for trial strengthens your negotiating position in settlement attempts, and we will be ready for court if necessary.
You may be concerned about the cost of hiring legal counsel for your wrongful death case in Ohio. At Kelley Ferraro, LLC, we accept these cases on a contingency fee basis. There is no upfront cost to hire our firm. Instead, we charge a percentage of the total recovery if we succeed with your case. However, there is no cost to you if we are unable to obtain compensation for any reason. This policy provides peace of mind as you approach these difficult proceedings.
Ultimately, a wrongful death is a tragic experience, and the legal proceedings that follow can be challenging in several ways. Our team is ready to provide compassionate, responsive legal representation through all stages of this case. Contact Kelley Ferraro, LLC today to schedule your free consultation with an Ohio wrongful death lawyer. We are confident we can help you achieve a favorable outcome.
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