Wrongful Death Attorneys in Lima, Ohio
“Accidents happen every day” may be a true statement. But when a mishap or instance of negligence leads to someone’s untimely death, the responsible party must be held accountable.
In Ohio, the personal representative of the victim’s estate has the right to file a wrongful death claim or lawsuit to recover their losses. While no amount of money can fill the gap left behind by a deceased loved one, receiving a fair financial settlement can help supply you with the resources you need to take time to grieve and then continue living the life you deserve. When you’re ready to explore your options for pursuing compensation, our wrongful death attorneys at Siferd & Associates, LPA, are here to listen and guide you through the process.
As a Vietnam War veteran, our premier attorney, Richard E. Siferd, has devoted his life to helping others, and we look forward to helping you. We proudly serve injury victims and their families in Lima, Ohio, and throughout the neighboring communities of Allen County, Hardin County, Auglaize County, Putnam County, Hancock County, and Mercer County. Contact our firm today to enlist the support of a team who truly cares about you and your recovery.
Why File a Wrongful Death Claim?
After losing a spouse, child, or anyone close to you in an accident, the last thing you want to do is to relive the facts of their death. For that reason, we understand why filing a wrongful death claim can seem like an overwhelming task, but, rest assured, filing a claim can be the best decision you make for yourself, and for others.
While taking legal action can’t bring your loved one back, it can hold the responsible party accountable and prevent a similar tragedy from happening to other families. The compensation you receive from filing the lawsuit can also supply you with a much-needed financial boost for you to cover funeral expenses, burial expenses, lost income, as well as any more economic and noneconomic damages you’ve endured, including:
loss of income/financial support, based on your deceased loved one’s earning capacity
loss of your deceased loved one’s services, such as housework and childcare
loss of your deceased loved one’s care, companionship, or guidance
loss of the projected inheritance your deceased loved one’s designated heirs might have received had they not passed away
mental anguish suffered by surviving family members as a result of their death
Wrongful Death in Ohio
According to Ohio law, wrongful death is when the wrongful actions, negligence, or default of one party results in the death of another. Had the victim survived their injuries, they would have had sufficient cause to bring legal action against the at-fault party and recover the damages via personal injury claim or lawsuit.
Who Can File a Wrongful Death Claim?
As we briefly mentioned above, in Ohio, only the executor or administrator of the decedent’s estate can file a wrongful death claim on their behalf. If your deceased loved one had an estate plan, it’s likely that they named their executor there. If not, the court will appoint someone to take on the responsibility.
This restriction on who’s legally allowed to file a wrongful death claim can lead to some complex cases, particularly when the executor is the one liable for the decedent’s wrongful death. Don’t navigate these complexities on your own. Our personal injury and wrongful death attorney, Richard E. Siferd, also practices estate planning and is ready to answer any questions you have regarding these interconnected areas of law.
What Needs to Be Proven to Win a Wrongful Death Lawsuit?
For your wrongful death claim to be successful, we must prove the following:
- The party you’re suing (the defendant) is legally liable for your loved one’s death.
- You have suffered damages.
- The damages you suffered were directly caused by the defendant’s misconduct.
Statute of Limitations
If you wish to file a wrongful death claim, you must do so within the time limit set by your state’s statute of limitations. In Ohio, the statute for bringing most wrongful death lawsuits to court is two years after the date of the deceased person’s death. While there are certain exceptions in place, if you miss this deadline, there’s a high likelihood that Ohio civil court will dismiss your case and refuse to address it at all.
It’s important to consult a trusted personal injury attorney in your area to learn the exact date of your filing deadline. If you’re in or near Lima, Ohio, turn to us at Siferd & Associates, LPA. We’re dedicated to providing hands-on, compassionate service to community members who need it most. Let our experienced legal team be your guide during this difficult time.
Wrongful Death Attorneys in Lima, Ohio
At Siferd & Associates, LPA, our goal is to simplify the legal process through empathetic, effective communication. By collaborating directly with our clients, we’re able to get a better understanding of their goals and how we can help achieve them. For the focused care and advocacy you deserve, contact our wrongful death attorneys in Lima, Ohio, today. We’re ready to help you seek justice for your loved one.