Losing a loved one can send you spiraling. In addition to the emotional trauma, this type of loss can create significant financial challenges. While time and counseling are often the best ways to deal with grief, you will likely have other options for overcoming financial hardship. For a death caused by negligence or an intentional act, a Bryan wrongful death attorney can help.
At Groth & Associates, we will help you file a lawsuit against the at-fault party to recover damages. Our experienced team of Bryan personal injury lawyers has been helping the family members of wrongful death victims in the community recover compensation for decades. Contact us today to schedule a free case evaluation with a member of our legal team.
Who Can File a Wrongful Death Claim in Bryan
Every state has unique laws regarding wrongful death cases. While some states allow any close family members of the deceased to file a claim, the only party eligible to file a wrongful death lawsuit in Ohio is the personal representative of the deceased. In most cases, this is a family member, but it can also be a close friend or the deceased’s attorney.
In cases where there is a will, the personal representative will likely be named there. Meanwhile, if the deceased did not have a will, the court will appoint a personal representative. If you want to serve in this role, you can petition the court. Although only a personal representative can file a lawsuit, multiple parties can recover compensation.
The court will decide how any recovered money will be distributed, taking the will of the deceased into account if applicable.
For a free legal consultation with a wrongful death lawyer serving Bryan, call (419) 930-3030
The Four Elements of Negligence
To secure compensation through a wrongful death lawsuit, you will need to show that the death was the result of an intentional act or negligence. In order to prove negligence, you will need to establish the presence of four elements:
- Duty of care
- Breached duty of care
- Causation
- Damages
Duty of Care
The first thing you must prove is that the at-fault party owed a duty of care to the deceased. In most wrongful death cases, proving the existence of a duty of care is straightforward.
For example, if your loved one died in a car accident and you are filing a lawsuit against another driver involved in the collision, all drivers owe a duty of care to everyone else on the road. If filing a lawsuit against the car manufacturer, these companies owe a duty of care to consumers of their products and anyone else who might be harmed by a defective product.
Breached Duty of Care
After establishing the existence of a duty of care, you will need to show how the liable party breached this duty. When the at-fault party is the driver of another vehicle, proving that they were intoxicated, speeding, or texting while driving are a few examples of a breached duty of care.
For a car manufacturer, showing that they failed to conduct proper safety inspections or cut corners in the manufacturing process to save money can both work.
Causation
The last thing you need to do is prove how everything connects. An experienced wrongful death lawyer serving Bryan will clearly demonstrate to the court how the liable party breaching their duty of care was the direct cause of your loved one’s death.
Damages
While you will need to prove all of the damages you incurred in order to recover the full compensation you deserve in a wrongful death case, you only need to establish the existence of any damages to prove negligence. In a wrongful death case, the death of your loved one stands as proof of damages.
Personal Injury Lawyer Near Me (419) 930-3030
How Much does It Cost to Hire a Wrongful Death Lawyer in Bryan?
Unfortunately, many personal representatives fail to secure the full value of a wrongful death claim because they neglect to hire an attorney. The main reason that people avoid hiring a lawyer is concerns over cost. However, this should never be an issue when hiring a wrongful death lawyer.
At Groth & Associates, we handle all wrongful death cases on a contingency fee basis. With a contingency fee payment structure, we don’t get paid unless you recover damages. If we are able to get you money from the liable party, we will collect a single fee at the conclusion of your case, which will be paid directly from the compensation you recover at a fixed percentage.
Our contingency fee-based payment system helps us ensure that anyone can afford to hire a Bryan wrongful death lawyer, regardless of their financial status. Our team will handle every aspect of your case, including filing all your paperwork accurately and before the deadline outlined in the Ohio personal injury statute of limitations.
Damages Often Available in Wrongful Death Cases
Following the death of a loved one caused by the negligence or intentional actions of another party, you will likely be able to secure a wide range of damages if you sue for wrongful death in Ohio. Some of the damages most commonly available include:
- Loss of companionship
- Loss of care
- Loss of financial support
- Loss of the deceased’s support and services
- Mental anguish of surviving family members
- Loss of prospective inheritance
Complete a Free Case Evaluation form now
Reach Out to an Experienced Wrongful Death Attorney Serving Bryan Today
After the death of a loved one, recovering money is unlikely to be at the top of your list of priorities. Unfortunately, however, failure to act quickly to secure damages can leave you facing significant financial challenges without options for pursuing compensation.
At Groth & Associates, our experienced team of compassionate Bryan wrongful death lawyers will take care of every aspect of your case so you can take care of your family and process your grief. Contact us today by phone or through this website 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