409 S. Prospect St., Ravenna, OH 44266     Mon – Fri: 9am–4pm     (330) 296–2811

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Frequently Asked Questions about Wrongful Death

Is Wrongful Death A Personal Injury?

Wrongful death refers to a specific type of personal injury case in which the injured party passes away, making the family members or estate of the deceased the recipient of compensation. Thus, wrongful death is a type of personal injury case.

Like other personal injury cases, you can file a wrongful death lawsuit in civil court to ask for compensation when someone’s negligence caused injury to your family member.

If you have lost a close family member due to another party’s negligence, you may qualify for a legal remedy for both economic and noneconomic losses, such as a loss of companionship and support.

When A Wrongful Death Claim Applies

When a person’s death results from the wrongful act, negligence, default, or breach of contract of another person, the survivors or the estate of the deceased person may bring a civil lawsuit.

Only the personal representative named in the deceased’s will may bring the wrongful death lawsuit. If no will or estate plan exists or lists a personal representative, the court will appoint one. The claim also must clearly list the deceased person’s estate, any surviving family members, and every survivor who has an interest in the case.

Family members who may recover awards include:

Children born to unmarried parents can recover awards in a wrongful death through a personal injury case if their mother dies or if the father had formally recognized and contributed to the child’s support.

Awards You May Receive

Awards you may receive include compensation for both economic and noneconomic losses. Surviving family members may receive compensation for:

Compensation for the deceased’s estate may include:

If the party who caused the death acted in an intentional or reckless manner, you may also qualify for punitive awards.

Providing Evidence In A Wrongful Death Case Via A Personal Injury Suit

Because wrongful death is a type of personal injury, you will have to prove that the other person or entity failed to use the reasonable care that an average person would use under the same circumstances. You or a lawyer must prove that this person’s negligence resulted in the death of your loved one. Your wrongful death lawyer must show that the following elements exist:

Some examples of negligent conduct include:

If the victim of these acts had lived, the victim would file a personal injury case. If the victim died from the same acts, the survivors can file a wrongful death case through a personal injury.

Time Limits For A Wrongful Death Case

When a death occurs, family members generally have two years to file the lawsuit in court after the date of death. Some exceptions that may change the time period include:

For minor children, the two-year statute of limitations starts to count down when they reach 18 years old.

Contact Our Office Now

Call our office at (330) 296-2811 or email us to arrange a consultation so we can start preparing a case for you.

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409 S. Prospect St., Ravenna, OH 44266

(330) 296-2811

Monday-Friday: 9:00am - 4:00pm
Saturday: Closed
Sunday: Closed

Lou Bertrand

While this website provides general information, it does not constitute legal advice. To schedule a consultation with an attorney, please call or email us today.

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