It’s always difficult when someone you love passes away. However, learning that their death was due to the carelessness, negligence, or willful act of another person can make the situation that much more traumatic.
If your loved one lost their life in an accident that someone else was responsible for, you may be able to file a wrongful death lawsuit.
Common Types of Wrongful Death Cases
Across the country, car accidents are the most common cause of wrongful deaths year after year. As of 2020, Ohio alone had 1,046 motor vehicle fatalities. Across the entire United States, it’s estimated that nearly 40,000 people die every year in car accidents.
Fatal car accidents are most often caused by driver error (distracted, aggressive, or drunk driving), as well as environmental factors (bad weather, construction, etc.).
Pedestrians hit by a car, either while crossing the street or walking on the sidewalk, are more likely to experience catastrophic injuries or be killed because they have nothing protecting them. Between 2009 and 2018 in Ohio, there were over 1,000 fatal pedestrian accidents.
If another person’s negligence caused your loved one’s death, don’t hesitate to seek justice.
When a business or manufacturer designs and distributes a product, they have a responsibility to their customers to ensure that it’s safe to use. If a flaw in the design or manufacturing of the item caused a person to lose their life (while that person was using the product as intended), the company that produced or distributed the product can be held responsible.
A death is elevated to medical malpractice when a hospital or physician fails to provide an accepted standard of care. Mistakes or oversights at every level of care — diagnosing, prescribing, or treating — can result in wrongful death.
Nursing Home Abuse
Nursing homes and their staff have a duty to provide a certain level of care to their residents. If your loved one dies as a result of neglect, you may be able to take legal action against the facility.
Common examples of nursing home abuse that can lead to wrongful death include:
- Withholding necessary medication (either accidentally or on purpose).
- Administering the wrong medication.
- Abandonment or neglect.
Slip and Falls
Businesses have a responsibility to their customers to provide a safe environment. If they neglect to repair damaged areas or hazardous conditions, they could be held responsible for fatal slip and fall accidents that occurred on their property.
Understanding Wrongful Death Settlements
Unfortunately, no amount of money will ever bring your family member back. But pursuing legal action can help you get justice and closure for your loved one who is no longer here.
What damages can be recovered?
Most commonly, wrongful death damages include financial compensation for medical expenses incurred prior to their death, funeral arrangements, and burial costs. However, Ohio also allows family members to seek damages for additional losses, such as:
- Income the deceased would have provided to your household.
- Loss of companionship, childcare, guidance, and assistance.
- Pain and suffering caused by their loved one’s untimely death.
Who can file to recover damages in a wrongful death case?
Ohio law states that any compensation awarded must be distributed to surviving family members, such as the parents, children, or spouse of the deceased. Once the amount of damages is determined, the award will be divided among the family members who have suffered due to their loved one’s death.
At Henderson & Weatherly, we can provide the legal representation you need for your personal injury or wrongful death case. We care about what happens in your case. To learn more about our team, call us at (216) 220-6776 or contact us online today.