Fatal car accidents are unfortunately a common occurrence in the state of Ohio. For the families who lose loved ones in these collisions, life is never the same. From emotional pain and suffering to financial hardship, the damages from a fatal car crash are devastating. You may not know where to turn after your life has been upended by such tragedy. If you find yourself dealing with challenges after a fatal car accident, personal injury attorney Kyle Wright can help.
At Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA, we have many years of experience helping families deal with the aftermath of fatal car accidents. While every case is different and recoveries depend on specific circumstances, we know how to fight for the compensation you deserve. Contact us today at (419) 625-7770 to schedule a free consultation of your case.
Understanding an Ohio Wrongful Death Claim
The survivors of someone killed in a car accident have the right to bring a wrongful death claim against the responsible parties. The process can be difficult, especially as you are grappling with the loss of a loved one. By allowing our personal injury attorneys to handle your claim, you can concentrate on healing, helping your family adjust, and taking care of other estate-related matters.
While a personal representative of the estate can bring a wrongful death claim, any compensation awarded must benefit the decedent’s parents, spouse, or children.
Under circumstances such as these, the last thing you need to handle are calls from an insurance company trying to force a quick settlement. It is important to talk to a personal injury attorney before considering any such offers. A lawyer can help evaluate your case and its possible value, so you aren’t taken advantage of as you grieve.
Damages Allowed in a Wrongful Death Claim
Under the wrongful death statute in Ohio (R.C. 2151), there are two separate causes of action that apply. First, is the survival action – this is a personal injury damages action recovers for the conscious pain and suffering that the injured person suffered from the time of the accident until his or her death. The second cause of action – wrongful death – focuses on the harms that the family (or estate) suffered as a result of a family member’s death.
In Ohio, the family (or estate) may recover the following losses: (1) Loss of support from the reasonably expected earning capacity of the decedent; (2) Loss of services of the decedent; (3) Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent; (4) Loss of prospective inheritance to the decedent’s heirs at law at the time of the decedent’s death; and (5) The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.
It is important to note that wrongful death claims are not subject to damage caps in Ohio.
Contact Us for Help With Your Fatal Car Accident Case
After a fatal car accident, you are dealing with a great loss and may have additional challenges related to finances. Let personal injury attorney Kyle Wright help you with the challenges you face during this difficult time. His skills at negotiating and litigating these claims have helped many clients just like you recover the compensation they deserve following the loss of a loved one. To schedule a free, initial evaluation of your case, call us today at (419) 625-7770, or reach out through our online form.