Cleveland Wrongful Death Lawyer

Who Can File a Wrongful Death Lawsuit in Ohio?

Although wrongful death lawsuits are intended to provide compensation for the benefit of a surviving spouse, children, and other relatives of a decedent, they are technically brought by a personal representative. This representative may be named in the decedent’s will as the administrator of the estate or may be appointed by a probate court.

When a personal representative brings a wrongful death action in his or her name and prevails with a settlement or verdict, damages can be awarded to the family members who suffered losses because of the wrongful death. These parties typically include:

• Surviving spouses
• Children
• Parents
• Other dependents of the decedent.

The law does not presume other relatives, such as grandparents or siblings, have suffered losses when a family member passes. If they can prove they suffered compensable losses, however, they may be able to recover damages.

Who Can be Held Liable for Wrongful Death?

In addition to ensuring the correct party brings a wrongful death action, families must also take care in determining who can be held liable for their loved one’s death. While wrongful death actions are highly fact-specific, some common examples include:

• A negligent motorist who caused a fatal car accident
• A trucking company and / or truck driver responsible for a commercial tractor-trailer crash
• A homeowner who failed to fence in a swimming pool, resulting in drowning
• A summer camp or day care that failed to adequately supervise children
• A doctor or hospital that failed to meet the standard of care when treating a patient

Because it is very important that wrongful death actions be brought against the appropriate parties, our attorneys at The Becker Law Firm conduct meticulous investigations surrounding a decedent’s death. By reviewing the facts of a potential case and working with the necessary experts, we can amass the evidence needed to prove the essential elements of these claims against the defendant(s), including:

1. The legal duty between the defendant and decedent;
2. The defendant’s breach of duty (often through negligence);
3. The defendant’s negligence being a substantial cause of harm; and
4. Damages suffered by the plaintiffs.

How Much is an Cleveland Wrongful Death Case Worth?

That depends. Every case is unique and damages can vary dramatically.

In general, wrongful death lawsuits are intended to make surviving family members “whole,” or as “whole” as they can be following the untimely loss of a loved one. This means at-fault defendants can be held financially responsible for a range of economic and non-economic losses arising from their loved one’s death, including:

• Funeral expenses
• Lost financial support
• Loss of household services
• Loss of care, companionship, and consortium
• Loss of inheritance
• Emotional pain and suffering

Examples of Our Results

• $4 million settlement over the wrongful death of a 69-year-old woman struck by a city bus while walking in a crosswalk on Public Square in Cleveland.
• $2 million wrongful death recovery against an obstetrician and hospital for failure to timely diagnose and treat pre-eclampsia in a 29-year-old woman, resulting in fatal DIC (disseminated intravascular coagulopathy).

Our Cleveland wrongful death attorneys are passionate about fighting for families. To discuss your potential case and how we can help, contact us for a FREE case review.