After a fatal accident in Sidney, Ohio, you can count on the Law Office of Michael J. Tremoulis to help your family fight for the compensation you deserve. Call (937) 240 4040 for a free consultation with our experienced Sidney wrongful death lawyer to learn how we can help you hold the at-fault party accountable. You may be entitled to significant compensation.
Our attorneys bring over 150 years of legal experience to the table. We’ve recovered tens of millions of dollars on behalf of personal injury victims over the years. Our team understands the emotional and financial toll these cases take and is committed to guiding you through every step of the legal process with compassion and determination.
Why Choose the Law Office of Michael J. Tremoulis for Help With My Family’s Wrongful Death Claim in Sidney, OH?
Navigating a wrongful death case is mentally exhausting and legally complicated. Dealing with a profit-driven and uncaring insurance company is the last thing you should be forced to deal with during this already-difficult time. Our Sidney personal injury attorneys at the Law Office of Michael J. Tremoulis are ready to fight for you.
For our success over the years, our law firm has earned over 100 five-star Google ratings from clients we’ve helped. We’ve also been recognized within the legal community, including by Super Lawyers, the American Association for Justice, The National Trial Lawyers, and the Multi-Million Dollar Advocates’ Forum.
Your family deserves every ounce of justice the law has to offer. Call our Sidney wrongful death attorneys today to learn how our team can fight for the money your family needs and deserves.
Understanding the Laws on Wrongful Death in Ohio
Wrongful death laws allow grieving families to pursue compensation when the actions or omissions of another party cause a death. Wrongful death cases are governed by specific laws that dictate who can file a lawsuit, what damages a family can recover, and the time limits for taking legal action.
Ohio wrongful death laws allow you to seek compensation if your loved one’s death was caused by the wrongful act, neglect, or default of another party.
If the victim had survived, they would have been able to file a personal injury lawsuit. Because the injuries proved fatal, the right to sue for damages is given to the surviving family.
How Do Ohio Wrongful Death Cases Work?
Wrongful death claims are filed in civil court. They function similarly to personal injury cases. The difference, of course, is that the injuries were fatal. When a case succeeds, the result is financial compensation that is awarded to the victim’s survivors.
Wrongful death cases and criminal matters are kept separate. You can file a wrongful death lawsuit even if the defendant is not charged with any criminal offense.
Who is Able to File a Wrongful Death Claim in Ohio?
To pursue compensation for wrongful death, you must have suffered damages. Certain parties are presumed to have suffered losses following a death.
Those parties include:
- A surviving spouse
- The victim’s children
- The victim’s parents
Next of kin who can prove they have suffered losses may also be entitled to damages.
In wrongful death cases, the victim’s personal representative formally files the lawsuit for damages.
How Much Compensation is My Sidney Wrongful Death Case Worth?
Your loved one is irreplaceable. Damages are awarded to attempt to compensate surviving families for their losses. These damages are often the only way that your family can obtain justice.
You only have one chance to recover the full compensation you deserve. That means it’s critical that you understand how much you deserve, considering your family’s unique situation.
Factors that our attorneys consider as we assess the value of a wrongful death case include:
- The victim’s age and life expectancy
- The victim’s earning capacity (based on their work history, education, and prior earnings)
- The identities and ages of victims who survived and depended on the victim
- How your loved one contributed to your family and household in non-financial ways
- The victim’s pain, trauma, and suffering
- How the loss has impacted your family’s well-being
- The impact of Ohio shared fault laws, if any
- The circumstances of your loved one’s death
Standing up to the insurance company can be overwhelming, especially when you’re grieving a tragic loss. Count on our Sidney wrongful death attorneys to negotiate for the fair settlement you deserve.
What Types of Damages Are Available if My Family’s Sidney Wrongful Death Case Succeeds?
Damages in wrongful death cases are classified as economic damages or non-economic damages. Your compensation should account for all of your family’s financial losses, as well as your more personal, subjective losses.
Examples of the types of compensation that families may seek include:
- Loss of the decedent’s financial support, including the value of job benefits
- Loss of the value of household services performed by the decedent
- Funeral expenses and burial costs
- Loss of prospective inheritance
- The pain, suffering, and mental anguish your family has experienced
- Loss of society, or the loss of companionship, care, assistance, and protection that the victim had provided
- Loss of consortium, or loss of a spouse’s companionship and support
- Loss of a parent’s instruction, guidance, and training
If your loved one survived for a period of time between the date of their injury and the date of their death, your family may also receive compensation in a survival action.
Those damages may include:
- Medical bills incurred between the date of injury and the date of death
- Your loved one’s lost wages
- Your loved one’s pain and suffering
As is true in personal injury cases, your family will be required to prove the damages you have suffered to recover compensation.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Sidney?
Our wrongful death attorneys work on a contingency fee basis. When you hire us, you’ll agree to pay a percentage of your settlement or verdict. The amount you pay depends on the amount your attorney recovers in your case.
Can I Recover Damages for Wrongful Death If My Loved One Has Been Blamed for a Fatal Accident in Ohio?
Your family will only lose your right to compensation under Ohio’s comparative negligence law if your loved one was at least 51% responsible for your injuries. If your loved one shared a smaller percentage of fault, that percentage will be deducted from your family’s compensation award.
What is the Legal Basis for Most Wrongful Death Claims in Sidney?
The legal basis for your claim will depend on how your loved one died.
Potentially relevant legal theories include:
- Negligence, which is the legal basis for most accident claims (including car accidents, truck accidents, motorcycle wrecks, etc.)
- Premises liability in cases involving slip and fall accidents or dangerous property conditions
- Medical malpractice if your loved one died because of a medical professional’s mistake
- Intentional torts, if someone committed a criminal act and intentionally caused your loved one’s death
- Product liability if your loved one died because of a defective consumer product
Each wrongful death case has its own set of circumstances. When you’re mourning the loss of a loved one, it’s critical to understand the cause of death so that you can hold the responsible parties accountable.
What Do I Have to Prove to Win a Wrongful Death Case in Sidney?
Your burden of proof will depend on the legal theory that governs your case.
Most families have the burden of proving negligence, meaning that:
- The defendant owed your loved one a legal duty of care
- The defendant breached the duty of care by failing to use reasonable caution
- That breach of duty caused your loved one’s death
- Your family suffered damages
Our attorneys will conduct a comprehensive investigation into the circumstances surrounding your loved one’s death. You can count on us to locate the strong evidence you need to prove your case.
How Long Do I Have to File a Lawsuit After a Wrongful Death in Ohio?
You have two years from the date of your loved one’s death to file a lawsuit. After the two-year anniversary of their death passes, you’ll have lost your right to sue for damages.
Contact a Trusted Sidney Wrongful Death Lawyer for a Free Consultation
Losing a loved one is an incredibly painful experience. If you’ve lost a loved one due to someone else’s actions, call an experienced Sidney wrongful death lawyer today. At the Law Office of Michael J. Tremoulis, we handle all types of wrongful death cases–and your consultation is always free of charge.
