The death of a loved one can leave you unanchored and facing significant personal and financial challenges. When the loss is caused by negligence or an intentional action, you may have options for pursuing compensation from the liable party. An experienced Napoleon wrongful death attorney will help you file a lawsuit to get the money you need.
At Groth & Associates, we will pull out all the stops to ensure you get compensation following the death of your loved one. Our experienced team of Napoleon personal injury lawyers has a long history of helping the family members of wrongful death victims in the community. Contact us today to set up a free case review with a member of our legal staff.
Who Is Eligible to File a Wrongful Death Lawsuit in Napoleon?
The rules regarding wrongful death cases vary from state to state. Only the personal representative of the estate is allowed to file a wrongful death lawsuit in Ohio. The personal representative is usually a close family member of the deceased. However, other parties, such as a close friend or the lawyer of the deceased, may also serve this role.
If the deceased had a will, they likely named an executor. However, if there is no will, the court will appoint a representative. While this is the party that is eligible to file a wrongful death lawsuit, they are not the only party eligible to recover compensation.
Any close family members have the potential to collect damages through a wrongful death lawsuit. The court will decide how any recovered compensation will be awarded, taking the will of the deceased into account.
For a free legal consultation with a wrongful death lawyer serving Napolean, call (419) 930-3030
Common Damages Awarded in a Wrongful Death Case
There are a variety of damages you may be eligible to recover when you sue for wrongful death in Ohio. Some of the damages most commonly awarded include:
- Loss of financial support
- Loss of the services and support
- Loss of companionship
- Loss of care
- Loss of prospective inheritance
- The mental anguish of the surviving family members
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The Cost of Hiring a Wrongful Death Lawyer Serving Napoleon
Far too often, family members of wrongful death victims neglect to hire an attorney due to concerns about affordability. While many lawyers across various fields charge an expensive retainer fee and a high hourly rate without guaranteeing a positive outcome, this is not typically the case with wrongful death attorneys.
At Groth & Associates, we operate on a contingency fee basis. What this means is that we only charge our clients if we successfully recover money on their behalf. If unsuccessful, we will not receive payment. If we do get you money from the liable party, we will collect a single fee at the conclusion of your case, which will be taken directly from the recovered funds at a fixed rate.
By employing this fee structure, we ensure that all family members of wrongful death victims have access to legal representation, regardless of their financial circumstances. Our dedicated team will handle all aspects of your legal case, including guaranteeing that your paperwork is accurately completed and filed prior to the personal injury statute of limitations deadline in Ohio.
Proving Negligence in a Wrongful Death Case
Following the death of a loved one, you will likely need to prove that negligence on the part of the at-fault party led to the death. To prove negligence, you will need to establish the existence of four elements:
- Duty of care
- Breached duty of care
- Damages
- Causation
Duty of Care
The first thing you will need to show to recover damages is that the liable party owed your loved one a duty of care. Establishing the existence of a duty of care is often pretty straightforward.
For example, if your loved one died due to medical malpractice, you simply need to prove that the defendant was in some way involved in the medical care of the deceased, as all medical professionals owe a duty of care to those they treat. If the death resulted from a car accident, all drivers owe a duty of care to all others on the road.
Breached Duty of Care
The next step is to prove that the at-fault party violated their duty of care. In the medical malpractice example, an expert witness can help explain how the defendant’s actions did not align with medical standards and how a reasonable person with the same training and education would have acted in their position.
With the car accident example, showing that the liable driver was speeding, under the influence, or texting while driving are just a few of the ways you can prove that they breached their duty of care.
Damages
Proving damages in a wrongful death case is simple. The death of your loved one is the primary damage used to establish negligence. While proving that you incurred additional damages may be necessary for recovering compensation, this should be enough to establish negligence.
Causation
The final step is to show how everything connects. An experienced wrongful death attorney serving Napoleon will help show the court how the liable party breaching their duty of care directly led to the death of your loved one.
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Reach Out to an Experienced Wrongful Death Attorney in Napoleon Today
While money may not be your primary concern after the death of a loved one, recovering damages can still be critical for your long-term well-being. At Groth & Associates, our experienced team of Napoleon wrongful death lawyers will work diligently to ensure you get the money you need to alleviate financial stresses as you process your grief.
Contact us today by giving us a call or completing the contact form on this website to 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