If you have experienced the loss of a loved one due to the carelessness or recklessness of someone else, a wrongful death lawsuit could be your best chance at holding the responsible party accountable. A legal claim could not only secure a measure of justice but also provide compensation to surviving family members.
A compassionate injury attorney at O’Connor, Acciani & Levy can assist you and protect your legal rights during this challenging time. Before attempting to resolve these claims on your own, you could benefit by first discussing your options with one of our Dayton wrongful death lawyers to find the fairest outcome for your loved one’s passing.
What Defines an Unjust Death Claim?
Not every loss of life will result in a claim for monetary compensation. Under the law, a death must qualify as unjust for any surviving relatives to recover compensation from the at-fault party. Ohio Revised Code § 2125.01 defines a “wrongful death” as when a demise stems from an unwarranted act, default, or neglect, which would have otherwise allowed the decedent to pursue legal action if they had survived. One of our knowledgeable wrongful death attorneys can help surviving loved ones determine if they have grounds for a claim like this in Dayton.
If the circumstances would have allowed the victim to pursue a personal injury case following the accident if they survived, an unjust death case may be filed by a personal representative following the victim’s passing. It is important to submit a wrongful demise claim to ensure that the party responsible for the decedent’s untimely passing is held accountable and surviving family members receive compensation.
The statute also allows for a claim like this to occur in another state or country. Under state law, it is possible to pursue a foreign claim in the area, as long as it also abides by the rules of that other state or country.
Pursuing a Wrongful Passing Claim
Other jurisdictions give the decedent’s loved ones the right to file a wrongful demise lawsuit, but that is not the case in Dayton. Instead, state law requires a personal representative of the decedent’s estate to bring the wrongful death claim with the help of one of our diligent unjust death attorneys. The personal representative must be an individual person instead of a corporation or other legal entity.
While the law does not give surviving relatives the right to file a wrongful passing claim, there is nothing preventing the court from appointing a family member as the personal representative. Some people select a personal representative in their last will and testament, but usually the court is tasked with appointing someone to serve in that capacity.
Beneficiaries in Successful Unjust Demise Claims
If an unjust death lawsuit is successful, the proceeds of the case will go to specific surviving family members of the decedent. Any surviving spouse has the right to recover from these claims, as do the surviving children—biological or adopted. The decedent’s parents also have the right to recover from these claims. Our wrongful passing attorneys can help family members learn whether they are potential beneficiaries or not.
Other relatives might be entitled to compensation in these cases, but only under specific circumstances. For example, siblings or grandparents might be entitled to recover if they can show they suffered a measurable loss due to the demise of their loved one.
Reach Out to a Compassionate Dayton Wrongful Death Attorney Today
There is no easy way to handle the loss of a loved one, especially if their passing might have been preventable if it were not for the negligence of another person. Enlisting the aid of an experienced attorney at O’Connor, Acciani & Levy could be the difference between the success or failure of your case.
Allow caring legal counsel to advise you of your rights during this difficult time. Contact our Dayton wrongful death lawyers now to learn more about your unique options.