Cleveland Wrongful Death Attorneys
Helping Surviving Family Members Pursue Justice
Losing a loved one is hard. And it can be even more difficult knowing that their death could have been prevented if not for the reckless actions or negligence of another person or entity. If your loved one lost their life in an accident and someone else was responsible, you may have grounds to file a wrongful death claim. Pursuing legal action can help you get justice for your loved one and recover compensation for losses and expenses incurred. This area of personal injury law is very intricate and often challenging to navigate, but Henderson, Mokhtari & Weatherly can be beside you through it all, providing the compassionate guidance you need.
Our Cleveland wrongful death lawyers understand that this is an emotional and difficult time for you. That is why we will take care of all the details of your case. Our team will thoroughly investigate the matter, identify the liable party, and develop a personalized legal strategy that tells your loved one's story. We can work hard for you throughout your case and seek the financial recovery you need.
Who Can File a Wrongful Death Claim?
Although several people may be affected by the loss of a loved one, Ohio law provides that only specific individuals may recover damages in a wrongful death case. A representative of the decedent must bring the civil action, but any compensation awarded will be distributed to surviving family members.
Surviving family members include the decedent’s:
What Damages Can Be Recovered?
If another person is responsible for an individual's death, a judge or jury may award the surviving family members financial recovery for certain expenses and losses arising from the accident.
Compensation may be recovered for various damages, including:
- Loss of earning capacity
- Loss of services
- Loss of companionship, consortium, and care
- Loss of prospective inheritance
- Mental anguish
- Funeral and burial expenses
What Are Common Causes of Wrongful Death?
A wrongful death case arises when a person loses their life because of another individual's negligent or reckless acts. Thus, in nearly any situation in which one person owes another a duty of care but fails to uphold that duty and causes a fatal accident, surviving family members may be entitled to initiate a civil action.
Situations in which wrongful deaths occur include, but are not limited to:
- Defective products: When a manufacturer or supplier distributes a product, they are ensuring that its safe for use. However, if an error occurred during the design, manufacture, or marketing of the item and a person loses their life when using it as intended, the company may be legally liable for resulting damages.
- Medical malpractice: Medical professionals are required to provide a standard level of care when treating patients. If they act below the standard and their patient dies as a result, the family may pursue a wrongful death lawsuit.
- Motor vehicle accidents: If a motorist does not obey traffic laws and engages in negligent or reckless behaviors, they might cause an accident that kills another driver, passengers, bicyclists, or pedestrians.
- Nursing home abuse: Nursing home staff and administrators have a duty to provide the care and services their residents need. When they are negligent in this duty and death results, the surviving family may take legal action against the facility.
- Slip and falls: Property owners who do not repair or address hazardous conditions within a reasonable time may be held responsible for fatal accidents arising from a slip and fall on the property.
Legal Counsel from Caring and Compassionate Team
At Henderson, Mokhtari & Weatherly, we invest the necessary effort into every case we handle. Our wrongful death attorneys in Cleveland, OH can work diligently to seek just compensation on your behalf.
- 75+ Years of Combined Experience
- A Team-Oriented Approach
- Available 24/7 for Our Clients
- Unmatched Work Ethic & Passion for Winning