The death of a loved one can turn your life upside down and cause severe emotional and financial hardship. While time is the best remedy for grief, you may have options for dealing with any financial difficulties you face. If the death was the result of negligence or an intentional act, an experienced Maumee wrongful death attorney will help you file a lawsuit.
At Groth & Associates, we are here to help. Our experienced team of Maumee personal injury lawyers has a long history of helping the family members of wrongful death victims recover compensation in the community. Get in touch with us today to set up a free case consultation with a member of our legal staff.
Who Qualifies to File a Wrongful Death Lawsuit in Maumee?
The laws that govern wrongful death cases are different in every state. The only party that can file a wrongful death lawsuit in Ohio is the personal representative of the deceased. In most cases, the personal representative is a close family member. However, other parties, like a close friend of the deceased or their attorney, may fill this role.
If the wrongful death victim had a will, the personal representative will likely be listed there. If they don’t have a will, the court will appoint a personal representative. If you want to serve in this role, you can submit a petition to the court. While only the personal representative can file a lawsuit, they are not the only party that can recover compensation.
Any close relatives of the deceased may potentially recover compensation through a wrongful death lawsuit. The court will decide how any compensation will be distributed, taking the wishes of the deceased as expressed in their will if available.
For a free legal consultation with a wrongful death lawyer serving Maumee, call (419) 930-3030
The Cost of Hiring a Wrongful Death Lawyer Serving Maumee
Sadly, personal representatives often fail to secure the services of an experienced attorney because of concerns about cost. While many types of lawyers charge their clients an expensive fee to retain their services and a high hourly rate, this is not how things work with wrongful death attorneys.
At Groth & Associates, we handle wrongful death cases on a contingency fee basis. This means we don’t charge for our services unless we secure compensation for our clients. If we don’t get you money, we don’t get paid. If we do get you money, our payment will come as a single fee taken directly from the money you recover at a fixed rate, usually approved by probate court.
Using this fee system, we are able to ensure that all personal representatives are able to hire an attorney to help in their pursuit of compensation, no matter their financial situation. Our team will take care of everything in your case, including ensuring all your paperwork is completed accurately and submitted ahead of the Ohio personal injury statute of limitations deadline.
Personal Injury Lawyer Near Me (419) 930-3030
Proving Negligence in a Wrongful Death Case
In order to secure compensation following a wrongful death, there is a strong chance that you will need to prove that the liable party acted negligently. There are four elements you will need to establish to prove negligence:
- Duty of care
- Breached duty of care
- Causation
- Damages
Duty of Care
The first step is to show that the at-fault party owed the deceased a duty of care. Proving the existence of a duty of care is often simple.
For example, if your loved one was killed in a commercial truck accident and you are filing a lawsuit against the trucking company, these companies all have a duty of care to ensure the drivers they are putting on the road receive proper training and that their trucks receive routine maintenance.
Breached Duty of Care
The next thing you must show is that the at-fault party violated their duty of care.
Using the commercial truck accident example, if you can prove that the trucking companies failed to provide proper training to their drivers or neglected to repair any safety issues in their trucks, the breach of their duty of care will be clear.
Causation
Lastly, you will need to demonstrate how all the pieces fit together. An experienced wrongful death lawyer in Maumee can help show the court how your loved one’s death was directly caused by the liable party breaching their duty of care.
Damages
When it comes to proving negligence, you don’t need to show all the damages you suffered as a result of the death of your loved one, as you will need to do to recover compensation. At this point, all you need to establish is that damages were caused in the accident. In wrongful death cases, the death of your loved one proves damages.
Common Recoverable Damages in a Wrongful Death Case
After the death of a loved one due to negligence or an intentional act, there are damages you will likely be able to collect if you sue for wrongful death in Ohio. Among the most commonly available damages in these cases are:
- Loss of financial support
- Mental anguish of surviving family members
- Loss of companionship
- Loss of care
- Loss of prospective inheritance
- Loss of the deceased’s support and services
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Get Help from an Experienced Wrongful Death Attorney in Maumee Today
Money is unlikely going to be at the top of your priorities list following the tragic death of a loved one. Unfortunately, though, if you don’t act quickly to recover compensation, you could find yourself in a difficult financial situation without any options for securing damages.
The experienced Maumee wrongful death lawyers at Groth & Associates understand the challenges you face and will handle every aspect of your legal case so you can focus your attention on your family and process your grief. Contact us today by using our online contact form or by giving us a call. Schedule a free case evaluation with a member of our legal team.
Call or text (419) 930-3030 or complete a Free Case Evaluation form