Selecting the ideal lawyer for a wrongful death case is often a challenging process. Survivors are in a state of shock, and they’re going through a lot of pain, which can be both physical and emotional.
However, choosing the correct wrongful death lawyer is essential if the person wants to get the compensation they fairly deserve.
The Keating Firm LTD is one of the best law firms in Ohio to offer wrongful death lawyers. Nonetheless, victims should get information about the process first, and this guide describes it in detail.
Can Clients Hire Wrongful Death Lawyers to Seek Compensation?
If the negligence of another driver caused the loved one's death, the individual is able to pursue legal action, and they should do it.
Wrongful death law protects the survivors of these cases. The regulations seek to protect the person's family and loved ones.
When someone dies as a result of an accident, their loved ones or family might suffer a lot of consequences. If they, for example, used to handle certain bills, then the survivors may have to deal with that afterward.
The job of the wrongful death lawyer is to guide the client and help them seek the compensation they deserve. Therefore, clients must always hire experts since they are the ideal professionals to explain what they need to know to get a fair outcome.
What Is a Wrongful Death in Hilliard?
A wrongful death happens as a result of someone else's negligence or intentional actions. Some frequent accidents that cause wrongful deaths might be the following:
Vehicle crashes: if a third party causes an accident that kills someone's loved one, the client can hire a wrongful death lawyer and pursue compensation. Vehicle accidents include truck, motorcycle, car, pedestrian, bus, and public transportation crashes.
Accidents on a construction site or workplace: when a person dies while they're in their workplace, their loved ones can also hire a wrongful death lawyer. On some occasions, companies (or another site organization) act negligently. In that case, survivors can file a case against those parties.
Defective products: this category includes anything from auto parts to home appliances and even toys. Under strict laws, survivors are entitled to hold the seller, designer, or manufacturer liable for the individual's death if it's a result of using, coming in contact with, or manipulating the defective product.
Dog bites: when a dog bites someone and causes their death, their loved ones can also get help from a wrongful death lawyer and hold the owner accountable.
A Famous Wrongful Death Case Example
When someone dies due to another person's negligence or misconduct, the family and loved ones of the deceased individual can sue for wrongful death. These circumstances include murder, which is why hiring an experienced attorney serving Hilliard is essential if the survivors want to get the best possible outcome.
One of the most famous examples of this is the case of O. J. Simpson in 1994. The former actor and football star was found not guilty of murder. Nonetheless, the wrongful death suit took place because the plaintiffs proved that he was responsible for the two victims in his trial.
Each state in the US has a statute that guides every wrongful death claim. These rules establish the procedures that take place in wrongful death cases.
The personnel who represents the deceased's family or loved ones might bring forward some actions, for instance, expenses that happened before the decedent's death, personal injury, or conscious pain and suffering.
Once wrongful death lawyers take over the decedent's case, they might be able to prove negligence. If this occurs, then damage awards for the previously mentioned actions can go to the deceased's family members or loved ones, depending on what their will states.
Parts of a Wrongful Death Lawsuit
When wrongful death lawyers are to prove negligence and demand compensation from an insurance company, certain elements must be present, and they are as follows:
A human being's death
Death by negligence, or as a result of someone's intention to cause harm
The survival of a family member, who is then suffering monetary injury as a consequence of the person's death
A personal representative's appointment for the deceased's estate
At the same time, other circumstances can cause wrongful death as well. The following are some examples:
Exposure to hazardous substances or conditions (usually occupational)
Accidents in an airplane or automobile
Medical malpractice
In many cases, the aforementioned scenarios might not cause wrongful death, but the victim can still file a personal injury claim.
Nonetheless, the present guide focuses on wrongful death lawyers and how they can assess victims of these cases.
Even though personal injury is an essential aspect to consider, the most important part is the family member's well-being, which a wrongful death lawyer in Columbus Ohio can guarantee by passionately defending their case.
Damages that a Lawsuit Might Address
There are several damages that a law firm can focus on when they're guiding the family member through the lawsuit. The wrongful death lawyer often pays close attention to financial or pecuniary injury.
Fortunately for both the victim and the wrongful death attorney, laws protect the survivors. Rules often state that pecuniary injuries resulting from wrongful death deserve just and fair compensation from the insurance company.
Pecuniary Loss
Overall, pecuniary injuries include various situations, for example, financial expenses, medical bills, loss of financial support, lost prospect of inheritance, and other similar services.
Family members deserve a fair settlement for the money they spent on bills and other expenses. If they had to pay for medical care or the decedent's funeral, they might also be able to recover that with the help of outstanding lawyers.
Wrongful death lawyers also make sure that the survivors get a damage award including interests, which starts from the date of the person's death.
When a wrongful death lawyer works with survivors, loved ones, or family members, there are several stages they must go through. Firstly, they must prove pecuniary loss.
Determining pecuniary losses is often a challenging process, especially since it depends on various factors. The wrongful death lawyer must consider the deceased's age, life expectancy, earning capacity, condition, character, health, intelligence, and the circumstances of the distributees.
When wrongful death lawyers try to prove a pecuniary loss for their criminal defense, they often focus on the specific circumstances of the deceased at the time of death.
Adjustment in the Jury's Decision
Once the wrongful death lawyers present all the aspects of the case, the jury must determine the size of the damages awards.
Nonetheless, the jury's word is not final, although it's immensely crucial. After the court hears it out, the people in it might adjust the award size due to numerous reasons.
There are several ways to exemplify the previously mentioned circumstances. If the decedent frittered his money, it might reduce the family's income. On the other hand, if they had poor earnings, it might also affect the damages awards. This is true even if the person was young, supported various children, and had potential.
In some cases, the decedent was unemployed but had worked in the past. The plaintiff may present the jury and court with evidence about the deceased's average earnings while working, which can influence the damages awards.
Nonetheless, the court might order a new trial if the plaintiff is not able to present evidence about the decedent's average earnings. Additionally, the court may set aside the jury's damage award as well.
Relying on Expert Testimony to Determine Pecuniary Loss
According to the law, plaintiffs can rely on expert opinion to support the evidence of the decedent's income. They might, for example, hire economists to establish the person's value to their family.
Punitive Damages
In some instances, wrongful death lawyers might defend the survivors because they have a case where punitive damages occurred.
The law awards punitive damages to punish the wrongdoer in cases of malicious wrongdoing. It's also a way to avoid other people from doing the same thing. However, laws vary from state to state, so the survivors and family members should contact a law firm to get a free consultation and help them with their wrongful death needs.
Survival Actions
Distributees can recover damages from the decedent's personal injury in some cases. The legal term for this is 'survival actions,' since the action survives the injured person.
When survival actions take place, the wrongful death lawyers must prepare the survivors for the jury's questioning. The jury might inquire about several things to determine the intensity and amount of damages, for example:
The consciousness degree
Pain severity
Apprehension of impending death and the duration of that suffering
How Much Are Wrongful Death Cases Worth?
Legal issues are all very different from one another, so there is no one-fits-all answer to this question. At the same time, when dealing with wrongful death lawyers, prices might vary depending on the attorneys' respective state bar association.
If a wrongful death lawyer from The Keating Firm LTD is to determine the value of someone's case, they must evaluate different factors, which include the following:
Care costs and medical bills that happened before the person's passing
Burial and funeral expenses
The anticipated value of the person's future earnings
Loss of care, protection, and companionship
Pain and suffering
The anticipated value of lost benefits (pension, 401k, medical care, etc.)
Punitive damages
General damages
Why The Keating Firm LTD Can Help People
When someone's loved one passes away, the last thing they might have on their minds is how to select the correct law firm to help them with their wrongful death lawsuit. Nonetheless, it's something they should think about since it can immensely affect their outcomes when they go to court.
Fortunately, The Keating Firm LTD is a top law firm with expert wrongful death lawyers who are ready to aid people with their process.
With varied experience, The Keating Firm LTD is ready to help people with their cases. Wrongful death lawyers have gone to court before, so they have what survivors need to get the best outcomes possible.
The wrongful death lawyers at The Keating Firm LTD are passionate professionals, and they commit to their clients every step of the way. Overall, they want to guarantee that the process is as smooth as possible for their clients.
OH Wrongful Death Lawyers Are Ready to Guide Clients
Finding the ideal wrongful death lawyer in Ohio is something that usually takes time, especially considering all the options that people have. Moreover, when someone's loved one passes, the surviving person might be distraught, which can make the process even more challenging.
To find the best law firm, the person should determine if all the options offer an initial consultation or not. This option is usually free, and it allows clients to interact with their potential attorney before selecting them to help them with the cases.
The Statute of Limitations
In different parts of Ohio (including Hilliard), the statute of limitations is essential when handling wrongful death cases because it restricts the time people have to file a lawsuit.
The Ohio Revised Code, Section 2125.02 states that victims have two years since the person's death. Thus, starting a case might be challenging for the survivors, especially for the pain associated with the individual's passing.
However, this is one of the pivotal reasons why survivors should contact wrongful death lawyers to help them with their case. Instead of going through the process alone, professionals can guide them, passionately defend them, and guarantee that they have the best outcomes when they go to court.
Other Hilliard Practice Areas
The Keating Firm LTD's Team Is Prepared for Any Case
Clients who work with The Keating Firm LTD have the fantastic opportunity of interacting with passionate wrongful death lawyers to defend their cases.
Survivors who are worried about getting the compensation they deserve should always work with top attorneys to guide them through the process. Fortunately, The Keating Firm LTD is a specialized law firm that’s ready to provide clients with the help they require, regardless of their wrongful death needs.