If someone you love has died in a recent accident in Defiance, Ohio, now’s the time to call the Law Office of Michael J. Tremoulis at (419) 404-4444 to schedule a free consultation. You should take time to grieve your loss while our experienced Defiance wrongful death lawyers fight for the compensation you deserve.
Backed by 150+ years of combined experience fighting for accident victims and families in Ohio, our award-winning litigators have successfully recovered tens of millions of dollars in personal injury settlements and jury awards.
We can help you fight to achieve the best outcome with your wrongful death case, too. Contact our team to begin. Your initial case review is free.
Why Choose Law Office of Michael J. Tremoulis for Help After the Death of a Family Member in a Defiance, Ohio, Accident
Losing a loved one unexpectedly is devastating. While your family focuses on grieving, the insurance company may try to deny or undervalue your claim. The Law Office of Michael J. Tremoulis can protect your rights and pursue the compensation and accountability your family deserves in Defiance, OH.
Our Defiance personal injury lawyers are tough legal advocates with a proven ability to win difficult cases. Not only do we have 100+ five-star reviews from former clients on Google, but members of our award-winning legal team are recognized as:
- National Trial Lawyers Top 40 Under 40
- Best Lawyers in America – Ones to Watch in Ohio, and
- Super Lawyers Rising Stars.
We’re well-versed in Ohio’s unique wrongful death laws, know which tactics the insurance adjuster will use to hurt your claim, and understand which evidence can move the needle in a particular situation. When you put our experienced and knowledgeable personal injury team in your corner, you do way more than level the playing field.
There’s limited time to pursue damages for the wrongful death of your family member, so don’t hesitate to contact us to arrange a free case review with a Defiance personal injury attorney.
Ohio Wrongful Death Law
Ohio’s Wrongful Death Act, as found in Ohio Revised Code § 2125.01, explains that a wrongful death claim can be pursued when:
- “The death of a person is caused by wrongful act, neglect, or default,” and
- That person would have been entitled to pursue a civil claim if they’d survived.
Not everyone can file a wrongful death lawsuit in Ohio. Under state law, only the decedent’s personal representative—named in the will or appointed by the probate court—may bring the claim on behalf of the surviving beneficiaries.
Although the personal representative files the lawsuit, any compensation recovered is distributed to the decedent’s eligible beneficiaries rather than the representative. The probate court determines how damages are allocated based on each beneficiary’s relationship to the decedent and the losses they suffered.
Types of Wrongful Death Cases We Handle
At Law Office of Michael J. Tremoulis, we’re here to help grieving family members pursue meaningful compensation for wrongful death for cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft rideshare accidents
- Bus accidents
- E-scooter accidents
- Train accidents
- Aviation accidents
- Boating accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Premises liability
- Product liability
- Nursing home abuse
- Birth injury
- Medical malpractice
Don’t settle for less than what your wrongful death case is worth. Demand top results by working with a top-rated personal injury lawyer in Defiance. Call us to discuss the details of your wrongful death case for free. We’re here to help 24 hours a day.
What Damages Can Be Awarded in an Ohio Wrongful Death Case?
Ohio law allows beneficiaries to recover both economic awards and non-economic damages in a wrongful death lawsuit.
Economic damages help to alleviate the financial stress they’ll encounter because of their family member’s premature death, including:
- Loss of wages, job benefits, and other income
- Loss of inheritance
- Loss of value of household services
- Funeral expenses
- Medical bills paid prior to death
Non-economic damages help surviving family members cope with the harder-to-value trauma they experience because of their loss, such as:
- Loss of consortium
- Loss of companionship, care, love, and guidance
- Mental anguish
To be clear, these damages are paid to compensate the victim’s surviving family members for their losses and suffering. Additional compensation can be awarded through a related survival action to account for the victim’s financial losses and pain and suffering if they weren’t killed instantly. Damages awarded in a survival action become part of the estate and are distributed to the family in accordance with a will or Ohio intestacy law.
What Is My Wrongful Death Claim Worth?
It depends. Every wrongful death claim is different. So is everyone who stands to benefit from the resulting financial award. To understand the potential value of your claim and your share of the recovery, you need to take several things into account, including:
- What was the decedent’s average pre-death income and earning capacity?
- To what degree did the decedent support surviving family members financially?
- What role did the decedent play in supporting the family or household in a non-financial capacity?
- How old was the decedent?
- What was their life expectancy before they were killed?
- What insurance policies are available?
- What are the applicable policy limits?
- Is liability clear?
- Is the decedent being blamed for the accident in which they were killed?
The more of a financial toll a person’s death takes on their family, and the closer the relationship between a beneficiary and the decedent, the more a wrongful death claim can be worth.
What Does It Cost To Pursue a Wrongful Death Claim?
Our wrongful death attorneys in Defiance represent devastated families on a contingent basis. There’s no out-of-pocket cost to hire our firm. We only recover a fee when we win compensation for your wrongful death case. You’ll know the fee before we take your case.
If we don’t win your wrongful death case, you owe us absolutely nothing. The risk is all on us.
Can Shared Fault Affect a Wrongful Death Recovery in Ohio?
Yes. Ohio’s modified comparative negligence rule applies to wrongful death cases. Shared liability reduces damages in proportion to fault. For wrongful death cases, it’s the decedent’s contribution that matters.
If your family member was killed in a car accident in Defiance and is assigned 25 percent of the blame for the fatal wreck, any settlement or jury award in a related wrongful death case will be reduced by 25 percent of its value.
Once a decedent’s shared fault is greater than half, however, the right to recover compensation in a third-party wrongful death claim disappears.
What Is the Statute of Limitations for Ohio Wrongful Death Lawsuits?
Ohio imposes a two-year statute of limitations on most wrongful death cases. The statute of limitations begins to run on the date of a victim’s passing, which may or may not be the same as the date they were involved in a serious accident.
As long as you file your claim within the statute of limitations, you’ll protect your right to pursue compensation from an at-fault party or their insurance provider. If you miss the filing deadline, your right to sue will be forfeited.
Call for a Free Consultation With an Experienced Defiance Wrongful Death Lawyer
Someone else was careless, and now your whole world has been turned upside-down. Don’t struggle with the loss on your own. Call the Law Office of Michael J. Tremoulis, and trust our Defiance wrongful death attorneys to help you fight for the financial accountability you deserve.
Our team has over 150 years of experience litigating high-stakes legal disputes for the injured. Our case results reflect our winning representation, with tens of millions in settlements and jury awards recovered.
We can help you make the most of your wrongful death lawsuit in Defiance, Ohio, too. Contact our firm to learn more and schedule your free case review.
