The Keefe Law Firm, LLC
Call For A Free Consultation : 216-815-3574
Call For A Free Consultation : 216-815-3574

More Attention.
Greater Focus.

More Attention.Greater Focus.

Better Results.

Better Results.

Photo of Stephen T. Keefe

What are the factors of a valid wrongful death claim?

On Behalf of | Apr 25, 2023 | Wrongful Death

A family member’s death can be devastating. Aside from the emotional distress and grief, you might need to face challenges based on the death’s circumstances. Surviving family members could have no choice but to bear expensive medical costs and other bills.

You could pursue compensation by filing a wrongful death claim depending on the situation. Still, the incident might need to meet certain conditions set by the law.

An incident typically qualifies for a wrongful death claim if it meets the factors indicated in the Ohio Revised Code Section 2125.01:

  • The accused was responsible for the victim’s safety
  • The accused acted recklessly or exhibited negligence
  • The accused’s actions led to the victim’s injuries, causing their death
  • The victim and their immediate dependents suffered losses

This civil action seeks damages the victim could have recovered if they had lived. However, it could only apply if negligence caused the death. It could be more apparent in straightforward incidents like car accidents or medical errors. However, certain cases may seem accidental at first. Fortunately, a thorough review and investigation could help pinpoint significant details that might qualify it for a wrongful death action.

What damages can I recover?

The law states that this type of claim can help recover the following damages:

  • Lost financial support
  • Lost services
  • Lost companionship
  • Expenses related to the funeral and burial
  • Potential inheritance from the victim
  • Mental anguish suffered by surviving family

Additionally, you should take note of the two-year limit for this civil action. If you miss this deadline, you might lose your ability to file a claim.

A death in the family can leave lifelong pain and long-term financial burdens. Sometimes, the stress could be too much. During these trying times, the law is on your side. Knowing what appropriate legal action you could take might help you support yourself and your family.