Medical Malpractice Attorneys - Wrongful Death

When someone close to you dies as a result of another party’s negligence, the face of tragedy takes on a personal appearance. Often disbelief, anger and despair replace emotions like satisfaction, security and love. Questions like “What if we’d left five minutes earlier?” “If I’d only have taken the other way back…” and “If we’d only have stayed home that day…” replace plans that will never be fulfilled, the love and companionship of someone you cared about. At a time like this, you need a serious, thoughtful and experienced lawyer to act on your behalf.

A wrongful death action may result from any of a number of case scenarios in which someone died: Medical malpractice, a motor vehicle collision, a defective product or a medical device recall, for example. In legal terms, a wrongful death is death that is caused by the wrongful act or negligence of another, which serves as the basis for a civil action for damages on behalf of the decedent's heirs.

In most cases, the victims’ families bring wrongful death suits against the defendants to seek compensation for pain and suffering, funeral expenses, and lost wages – past and into the future – among other damages.

When you’ve lost a loved one as a result of someone else’s negligence, you need to protect your rights and the rights of your loved one. You need legal help and you need an experienced law firm that understands the needs of those left behind in the wake of untimely tragedy. Let Elk & Elk show you the difference hiring a top law firm with cutting-edge resources can make for you.

Elk & Elk is staffed with industry-leading lawyers, paralegals, doctors, nurses, accountants, economists, analysts, researchers, investigators and experts. We employ all of these professionals to prove the merits of your case beyond the shadow of a doubt – all without any up-front costs. Just call Elk & Elk at 1-800-ELK-OHIO to put our experienced, dedicated staff to work for you. We’re available 24 hours a day, seven days a week and 365 days a year. You may also fill out our free, no-obligation case analysis form here.

Frequently Asked Questions About Wrongful Death

Q: What constitutes wrongful death?
A: Wrongful Death is a legal term used to define any of a number of circumstances in which one’s death must have been caused, in whole or in part, by a defendant's conduct, even though there was no direct intention to kill the victim. Additionally, the defendant must have been deemed negligent or strictly liable for the victim's death.

Q: Must a defendant be found guilty in a criminal case to be found liable in a wrongful death case?
A: No. For example, a motorist may have been found innocent in a criminal trial for aggravated vehicular homicide, yet the victim’s family may be awarded compensation relative to the same incident in an ensuing civil trial alleging wrongful death.

Q: How long do I have to file a wrongful death lawsuit in Ohio?
A: Two years after the date of the death

Q: What is my wrongful death case worth?
A: Each individual wrongful death case is unique. Damages in a wrongful death case are comprised of economic and non-economic damages. Economic damages include any costs related to medical care, property damage and wage loss. Pain and suffering is a non-economic value prescribed to the victim’s surviving family. There are caps on the damages in the state of Ohio. Without actually investigating your specific wrongful death case, it’s next to impossible to assess an accurate monetary outcome.

Q: Why do I need a lawyer in a wrongful death scenario?
A: You need a lawyer: 1) to protect the rights of you and your loved one 2) to make sure your specific situation is investigated to the fullest 3) to hold accountable anyone whose negligence caused the death of your loved one 4) to help you get the compensation you need to get your life back on track as quickly as possible.

Conditions for filing wrongful death claim

The death must have been caused, in whole or in part, by the defendant's conduct, even though there was no direct intention to kill the victim. The defendant must have been deemed negligent or strictly liable for the victim's death.

Losing a loved one due to a medical malpractice or seeing them pass away due to wrongful death can be traumatic. At such a difficult time, you should not have to worry about the legal ramifications of your loss. At Elk & Elk, our lawyers aggressively pursue wrongful death claims, while providing compassionate and prompt customer service to our clients. We charge no fee and the client does not have to advance or pay any case expenses unless the client has a successful outcome.