The passing of a loved one can leave you feeling adrift and confronted with significant personal and financial obstacles. When the loss is a result of negligence or a deliberate act, you may be able to seek compensation from the responsible party. An experienced Findlay wrongful death attorney can assist you in filing a lawsuit to obtain the financial support you require.
At Groth & Associates, we exhaust every resource in our attempt to recover compensation on your behalf following the loss of your loved one. Our experienced team of Findlay personal injury lawyers has a proven track record of helping family members of wrongful death victims in the community. Reach out to us today to arrange a free case review with a member of our team.
Who Can File a Wrongful Death Lawsuit in Findlay?
Laws governing wrongful death cases differ from state to state. Only the personal representative of the estate has the authority to file a wrongful death lawsuit in Ohio. Typically, the personal representative is a close family member of the deceased. However, other individuals, such as a close friend or the deceased’s attorney, may also fulfill this role.
If the deceased had a will, they likely designated an executor. In the absence of a will, the court will appoint a representative. If you wish to serve as the personal representative, you can submit a petition to the court. While the personal representative is the only party eligible to file a wrongful death lawsuit, they are not the sole party able to recover compensation.
Any close family members have the potential to recover damages through a wrongful death lawsuit. The court will determine how any awarded compensation will be distributed, taking into consideration the wishes expressed in the will of the deceased.
For a free legal consultation with a wrongful death lawyer serving Findlay, call (419) 930-3030
How Much does it Cost to Hire a Wrongful Death Lawyer in Findlay?
Unfortunately, family members of wrongful death victims often fail to hire an attorney due to concerns about affordability. While lawyers in many fields charge expensive retainer fees and high hourly rates without providing any assurances of a positive outcome, this is not typically the case with wrongful death attorneys.
At Groth & Associates, we handle these cases on a contingency fee basis. This means that we only charge our clients if we get money on their behalf. If we are unable to recover damages, we won’t receive payment. If we secure compensation from the liable party, we will collect a single fee at the end of your case, which will be taken directly from the recovered funds at a set rate.
With this fee structure, we ensure that all family members of wrongful death victims have access to legal representation, regardless of their financial circumstances. Our team will handle all aspects of your legal case, including ensuring your paperwork is accurately completed and submitted prior to the Ohio personal injury statute of limitations deadline.
Personal Injury Lawyer Near Me (419) 930-3030
Damages Commonly Available in Wrongful Death Cases
Following the death of a loved one, there are a variety of damages that can be recovered if you sue for wrongful death in Ohio. Some of the most common damages in these cases include:
- The mental anguish of the surviving family members
- Loss of companionship
- Loss of care
- Loss of financial support
- Loss of services and support
- Loss of prospective inheritance
Establishing Negligence in a Wrongful Death Case
To recover compensation in a wrongful death case, you will likely need to prove that the at-fault party was negligent. In order to establish negligence, there are four elements you must prove:
- Duty of care
- Breached duty of care
- Damages
- Causation
Duty of Care
First, you need to establish that the liable party owed a duty of care to the deceased. Proving the existence of a duty of care is typically straightforward.
For example, if your loved one was killed by a defective product, manufacturers owe a duty of care to consumers to thoroughly test any products they put on the market. In car accident cases, all drivers have a duty of care to drive responsibly to help ensure the safety of everyone on the road.
Breached Duty of Care
Next, you must prove that the liable party violated their duty of care. In product liability cases, this may be done by showing that cheap materials were used in the manufacturing process to save money at the expense of safety.
In a car accident case, showing that the at-fault driver was under the influence, texting, or speeding can all be effective for proving a breach of duty.
Damages
For the sake of establishing negligence, the death of your loved one is sufficient to prove damages. While you may need to prove further damages to recover the full compensation you are entitled to collect, for the sake of proving negligence, any damages will work.
Causation
The final thing you need to prove is how everything ties together. An experienced wrongful death lawyer serving Findlay will demonstrate to the court how your loved one’s death was the direct result of the at-fault party breaching their duty of care.
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Secure the Services of an Experienced Wrongful Death Attorney in Findlay Today
Following the death of a loved one, money is unlikely to be your top priority. However, you only have a limited amount of time to take action, and recovering compensation can be essential for your long-term well-being. At Groth & Associates, our Findlay wrongful death lawyers will take every step necessary to ensure a favorable outcome for your case.
Contact us today by completing our online contact form or giving us a call to schedule a free case review with a member of our legal staff.
Call or text (419) 930-3030 or complete a Free Case Evaluation form