Cleveland Wrongful Death Attorney

Caring Representation for Bereaved Families in Ohio

After a wrongful death, everyone is left reeling.

In addition to the severe emotional trauma caused by this sudden loss, the family is faced with the many complex legal and financial questions arising from the premature death of a loved one. At this point, it is absolutely vital for family members to secure the advice of a Cleveland wrongful death lawyer to guide them through this difficult time.

At Spangenberg Shibley & Liber, we have been helping bereaved families throughout Ohio since 1946 and have recovered billions of dollars in compensation on behalf of our clients.

If someone was responsible for the death of your loved one, call our Cleveland wrongful death lawyers today at (216) 600-0114 for a free consultation.

What Does Wrongful Death Mean?

A "wrongful death" is one that is caused by someone else's negligence. This can happen either through an action or inaction.

It may be:

• A drunk driver
• The manufacturer of a defective product
• The builder of an unstable structure
• A doctor who failed to diagnose a fatal disease

Wrongful death litigation is a recourse for individuals who have lost loved ones through the fault of another. The laws that define wrongful death and determine its application are detailed in Chapter 2125 of the Ohio Revised Code.

It is important to note that wrongful death claims are not related to criminal cases involving murder or manslaughter. If criminal charges are filed, they are handled separately in a criminal court. They also only concern whether a defendant is guilty of committing a criminal offense beyond a reasonable doubt.

Wrongful death actions, on the other hand, are filed by eligible family members in civil court, and seek to prove that another’s negligence more likely than not caused death, that they suffered damages as a result, and that the at-fault party is liable for those losses.

Who Can File a Wrongful Death Lawsuit in Ohio?

In Ohio, family members of decedents who have died due to negligence or wrongful acts have the right to seek legal compensation. According to Ohio law, however, only certain individuals are legally allowed to pursue a wrongful death action.

These individuals include:

• Spouses
• Children
• Parents

Although other family members, such as siblings or grandparents, are not presumed by statutory law to have suffered losses when a relative dies, they may be able to recover compensation if they are able to illustrate the nature of their relationship and prove they suffered a compensable loss.

Damages & Financial Compensation

Those who have gone through the life-altering event of losing a loved one may be entitled to receive substantial monetary compensation aimed to alleviate damages suffered, such as:

• Loss of financial support from the decedent.
• Loss of the decedent’s company, such as companionship, consortium, care, advice, protection, training, education.
• Mental anguish suffered by the next of kin.
• Loss of services of the decedent.

Ohio’s wrongful death statute is important because it allows people to hold wrongdoers accountable for irresponsible, reckless, negligent, or dangerously careless actions. When corporations, businesses, and other entities cut corners, people die or endure terrible injuries, and lives are often forever altered.

Those who suffer the consequences, such as the loss of a loved one, have the ability to pursue justice and restitution through wrongful death litigation according to Ohio's wrongful death statute.

Cleveland Wrongful Death Claim FAQs

What is the statute of limitations for wrongful death claims in Ohio?

You must file a wrongful death claim within two years from the date of death. Failing to do so can result in losing the right to recover damages.

How is negligence proven in a wrongful death case?

You must show that:

1. The defendant owed a duty of care,
2. They breached that duty,
3. The breach caused the death, and
4. Damages resulted from the death.

Can multiple family members receive compensation?

Yes, although the claim is filed by the estate representative, the court distributes any award among the surviving family members based on their relationship and level of loss.

Can a wrongful death claim be filed if the deceased person was partially at fault?

Yes. Ohio follows a comparative fault rule. If the deceased was less than 51% at fault, compensation may still be recovered, but damages will be reduced by their percentage of fault.

What’s the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the family for their loss. A survival action seeks damages the deceased could have recovered had they survived (like pain and suffering before death). Both may be filed together by the estate.

Can a wrongful death claim be brought after a criminal case?

Yes. A civil wrongful death claim is separate from a criminal case. You can file a claim even if the defendant wasn’t convicted in criminal court — civil cases have a lower burden of proof.

What role does probate play in a wrongful death case?

Probate court must:

1. Approve the appointment of the personal representative
2. Approve any settlement or jury award
3. Determine how to distribute the damages among the beneficiaries

How long do wrongful death claims take to resolve?

It varies, but cases can take several months to a few years, depending on whether they settle or go to trial.

Do I need an attorney to file a wrongful death claim?

While not legally required, hiring an experienced wrongful death lawyer in Cleveland is highly recommended to navigate the complexities of Ohio law and ensure fair compensation.

Call Our Cleveland Wrongful Death Lawyers Now

At Spangenberg, Shibley & Liber LLP, our wrongful death attorneys in Cleveland have the legal skill to simplify the process of making sure everyone is provided for. Of course, money will never replace a lost parent, child, sibling, or other family member, but it can restore lost income and pay for medical bills, as well a cover funeral costs and even mental anguish.

Need legal help during this difficult time? Contact a top wrongful death attorney in Cleveland today. Contact our firm at (216) 600-0114 for a free case evaluation.