Has someone you love recently been killed in an accident or because of an act of violence in Vermilion, Ohio? Call Wisehart Wright Trial Lawyers. Your family may have the right to receive compensation for your financial losses and the trauma you’ve suffered in the wake of this tragedy. Working with our experienced Vermilion wrongful death lawyers can help you win your case and maximize your financial award.
Wisehart Wright Trial Lawyers has been a compassionate, trusted legal advocate for injury victims and families in Ohio for nearly eight decades. For generations, our award-winning trial attorneys have helped clients seek justice after catastrophic car accidents, acts of medical negligence, workplace accidents, and criminal acts of violence have claimed the lives of people they love. Our ability to win tough cases is unmatched, as we’ve won more than $100 million through negotiations and at trial.
Now, we’re here to fight for your family’s best interests after a fatal accident in Vermilion, OH, too. Contact us at (440) 967-6136 to set a time for a free consultation today.
How Wisehart Wright Trial Lawyers Can Help You With a Wrongful Death Case in Vermilion, OH
Simply having the right to bring a wrongful death claim doesn’t mean that getting compensation will be easy. The hospital, insurance company, government agency, or whoever you’re up against will do everything within their considerable power to keep you from getting the financial justice your family deserves. That’s where our Vermilion personal injury lawyers can help.
Choosing Wisehart Wright Trial Lawyers to represent you puts top-rated Ohio litigators with over 181 years of collective experience in your corner. Our compassionate client service and winning track record have earned us top honors from Super Lawyers, The National Trial Lawyers, and the Multi-Million Dollar Advocates Forum.
We’re here to do more than level the playing field. We’re here to give you the advantage you need to win your wrongful death case and secure a meaningful financial award from those responsible for your loved one’s untimely death.
You can count on us to:
- Handle all elements of your legal claim for damages so that you can focus on grieving your unimaginable loss
- Gather evidence needed to build a winning civil tort claim
- Consult expert witnesses, professionals, and specialists who can offer key insights into your situation
- Evaluate your family’s damages and assess what your wrongful death case is likely worth
- File your wrongful death claim with the court clerk in Erie County, Ohio
- Actively fight for a swift and substantial settlement during negotiations with the defense
- Take your wrongful death lawsuit to trial when the defense refuses to make things right
Our Vermillion wrongful death attorneys want to make life easier for you during this trying time. We’ll take your case on a contingency fee basis, so there’s no added stress about the cost of asking for help. Only pay when we recover compensation for your wrongful death case.
There’s no charge for your initial case evaluation, either. Contact our Vermilion, OH, law office to learn more today.
What Is Wrongful Death?
Ohio’s wrongful death law, as found in ORC Section 2125.01, defines a wrongful death as “the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued.”
Simply put, a wrongful death is an avoidable death that would have allowed the victim to seek compensation through a personal injury lawsuit if they’d survived. The victim’s death doesn’t stop that claim or allow the defendant to walk away without consequence. Instead, it shifts to another party.
Who Can File a Wrongful Death Lawsuit in Ohio?
Not everyone will have the right to file a wrongful death lawsuit after a fatal accident in Ohio. In fact, this right is only reserved for a decedent’s personal representative. The personal representative is typically named in the decedent’s will – often a spouse, child, or close family friend. If the decedent dies intestate (without a will), the court can appoint a representative to handle matters related to their estate, including the filing of civil tort actions.
While the personal representative has the power to file the wrongful death lawsuit, they won’t necessarily benefit from the action. Damages awarded in a wrongful death lawsuit are awarded for the “exclusive benefit of the surviving spouse, the children, and the parents” of the decedent. The law also states that “other next of kin of the decedent” can also benefit from a wrongful death lawsuit, when appropriate.
Courts will distribute any damages that are awarded in a wrongful death action equitably among the beneficiaries, adjusted to regard “the injury and loss to each beneficiary resulting from the death and for the age and condition of the beneficiaries.”
The closer the relationship between the decedent and the beneficiary, the more the beneficiary can expect to receive when a wrongful death settlement or jury award is issued.
Representing Families in All Types of Wrongful Death Cases in Vermilion
At Wisehart Wright Trial Lawyers, we’re proud and honored to fight for families who’ve experienced the tragic and wrongful deaths of loved ones in Vermilion, Ohio, as a result of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Negligent security
- Assault
- Sexual assault
- Police brutality
- Product liability
- Medical malpractice
- Nursing home abuse
- Aviation accidents
- Boating accidents
When you’ve lost a spouse, parent, or child in Vermilion unexpectedly, don’t hesitate to contact our legal team for support, guidance, and advice. Money won’t turn back time or bring your loved one back to you. But it could help to reduce the financial burdens and stress you experience in the wake of your loss. It could help you get closure and achieve a sense of justice, too. We’re here to help you in any way that we can. Contact our Vermilion law office for assistance today.
What Damages Can I Get if I Win My Wrongful Death Lawsuit?
Ohio law gives families the right to recover two types of compensatory damages in wrongful death actions: those for economic losses and those for harder-to-value non-economic losses.
Potential damages can include money for:
- Lost support that the decedent would have likely expected to provide if they’d survived
- Lost value of household and family services
- Loss of companionship, consortium, care, protection, assistance, guidance, training, and education
- Loss of prospective inheritance
- Pain and suffering experienced by the decedent’s family members
- Funeral and burial expenses
- Medical bills generated prior to the decedent’s death
The personal representative may also have the opportunity to file a related survival action, which could seek compensation that the decedent themselves experienced before their wrongful death. This could include lost wages, pain and suffering, property damage, and medical expenses. However, survival actions are only appropriate when a victim survives their fatal injuries for a period of time before death.
A Vermilion jury could also decide that punitive damages are warranted if a wrongful death lawsuit gets to trial. In these situations, punitive damages can be issued as long as there’s compelling evidence that the defendant acted intentionally or displayed a conscious disregard for the decedent’s safety.
How Could Ohio’s Comparative Fault Law Affect My Wrongful Death Settlement?
Ohio’s modified comparative negligence rule applies to most civil personal injury disputes, including claims of wrongful death. In wrongful death cases, the decedent’s shared fault is taken into consideration.
You can receive compensation from a wrongful death action as long as your family member wasn’t more than 50 percent to blame for their fatal injuries. Even when you can receive compensation, your financial award will be reduced based on their shared fault.
If your spouse was killed in a fatal car accident in Vermilion, but assigned 25 percent of the blame for the deadly wreck, your wrongful death settlement or jury award will be reduced in value by 25 percent.
It’s not uncommon for insurance adjusters and defense attorneys to point fingers, especially when an accident victim isn’t around to speak up for themselves. Our wrongful death attorneys in Vermilion, OH, will strive to be your family member’s voice, fight to protect their reputation, and do everything within our power to dismantle claims of contributory negligence.
Is There a Time Limit for Seeking Compensation for the Wrongful Death of a Family Member in Ohio?
Wrongful death claims must be filed with the state of Ohio within two years of a person’s death. The statute of limitations must be satisfied, or the family will lose the ability to recover compensation for their financial costs and suffering.
Don’t risk letting an at-fault party walk away without consequence because of a procedural technicality. Protect your rights and demand justice by turning to Wisehart Wright Trial Lawyers for help right away.
Schedule a Free Consultation With an Experienced Vermilion Wrongful Death Lawyer
You don’t have to navigate the devastating wrongful death of a family member in Vermilion, Ohio, on your own. Call Wisehart Wright Trial Lawyers, and discover how our legal team can make a difference as you grieve your loss. With over 181 years of combined experience and a proven track record of securing over a hundred million dollars in settlements and verdicts, our Vermilion wrongful death lawyers are dedicated to fighting for justice on behalf of your loved ones.
We’re ready to take on anyone who attempts to downplay your suffering or what your loved one contributed to your life. Our goal isn’t just to win your wrongful death action; it’s to make sure those responsible for your loss pay dearly. We offer a complimentary case evaluation, so contact our award-winning legal team in Vermilion today.