Wrongful Death Defined

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. Also the deceased has a dependent party such as family members who have suffered from emotional and monetary damages as a result of the death.

Our team of wrongful death lawyers offers the medical resources and experience necessary to successfully litigate malpractice claims.The Medical Malpractice division of Elk & Elk covers the entire state of Ohio and our attorneys specialize in the areas of wrongful death and medical malpractice.

Ohio Law: 2125.01 Action for wrongful death
When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances which make it aggravated murder, murder, or manslaughter. When the action is against such administrator or executor, the damages recovered shall be a valid claim against the estate of such deceased person. No action for the wrongful death of a person may be maintained against the owner or lessee of the real property upon which the death occurred if the cause of the death was the violent unprovoked act of a party other than the owner, lessee, or a person under the control of the owner or lessee, unless the acts or omissions of the owner, lessee, or person under the control of the owner or lessee constitute gross negligence. Read More