Keys to Seeking Compensation for a Wrongful Death

Written by Jay M. Kelley III in Accident & Injury on July 23, 2014

Dealing with the death of a family member is tragic. Knowing that the death could have been avoided makes the process of grieving and recovery even more difficult. Wrongful death claims cannot compensate for the pain of losing a loved one, but they can provide much needed financial assistance to the family and provide closure.

The premise behind a wrongful death claim is that the individual’s death has caused the family undue emotional and financial burdens for which they are entitled to compensation. A qualified Ohio wrongful death lawyer can assist the family in navigating the wrongful death claim and receiving maximum compensation for their loss.

What is a Wrongful Death Lawsuit?

A wrongful death is when an individual dies because of neglect, recklessness or a deliberate act on the part of another individual or entity. A wrongful death claim is a civil suit, however, in some cases an individual accused of a criminal act, such as homicide or manslaughter, can also face a wrongful death case. An accident lawyer, particularly one with expertise on wrongful death suits, can litigate both civil and criminal cases.

What Can I Sue For?

After the family proves that death was wrongful, they must establish that they suffered quantifiable damages as a result of the death. They can then sue for medical bills, burial expenses, lost wages, and compensatory damages for pain and suffering endured by the family due to the loss. The framework for these suits vary from state to state. In some states, families can pursue punitive damages to punish the individual responsible for the death and discourage similar behavior. Families should hire an accident lawyer well versed in the laws of the state where they are looking to pursue compensation.

Related:

Elk & Elk Announces $39 Million Verdict in Wrongful Death Case

Elk & Elk Co., Ltd. attorney Phillip A. Kuri recently obtained a jury verdict in Cuyahoga County on behalf of the widow of a construction worker killed in a 2010 accident. The judgment includes $19 million in compensatory damages and $20 million in punitive damages against the paving company that caused the accident on Interstate 271 in Summit County.