Losing a loved one due to someone else’s negligence is one of the most difficult experiences a family can face. While no amount of money can replace a life, a wrongful death claim can help ease the financial burden and hold the responsible party accountable. If you’re in Cuyahoga Falls and facing this tragic situation, reach out to Obral Silk & Pal Personal Injury Lawyers. A compassionate wrongful death lawyer is available to discuss your case at 216-529-9377 during a free consultation.
Understanding the Legal Process After a Wrongful Death
Losing a loved one is always difficult. When that loss is caused by someone else’s negligence or wrongdoing, the emotional toll can feel even heavier. In these cases, families in Ohio have the option to file a wrongful death lawsuit. This legal process seeks to hold the responsible party accountable and recover compensation for the financial and emotional impact of the loss.
If you’re considering filing a wrongful death claim in Lorain or anywhere in Ohio, it’s important to know what the process involves. Wrongful death cases can be complex, and having a clear idea of what to expect can help ease some of the uncertainty.
Who Can File a Wrongful Death Lawsuit in Ohio
Not just anyone can file a wrongful death claim. Under Ohio law, only the personal representative of the deceased person’s estate can bring the lawsuit. This person is often named in the deceased’s will or appointed by the probate court if there is no will. Although the representative files the lawsuit, it’s the surviving family members—such as a spouse, children, or parents—who are typically entitled to receive compensation if the claim is successful.
When a Wrongful Death Claim Might Apply
Wrongful death cases can arise in a number of situations, including:
- Fatal car or truck accidents caused by another driver
- Medical malpractice leading to a patient’s death
- Workplace accidents involving third-party negligence
- Defective products that result in fatal injuries
- Dangerous property conditions that cause a fatal fall or other accident
If someone else’s actions—or failure to act—led to your loved one’s death, you may have grounds for a claim.
Starting the Process
Filing a wrongful death lawsuit begins with an investigation. Your attorney will gather information about what happened, review any police reports, collect medical records, and speak with witnesses. In some cases, experts may be brought in to reconstruct an accident or analyze technical details.
Once your attorney has enough evidence, they will file a complaint in civil court. This document outlines the legal basis for the lawsuit, the damages being sought, and the parties involved. The person or entity being sued—the defendant—will be formally notified and given time to respond.
The Discovery Phase
After the lawsuit is filed, both sides begin a period known as discovery. This is when attorneys exchange information and evidence. Each side may request documents, submit written questions, or conduct depositions, which are recorded interviews given under oath.
Discovery is often the longest part of the process. It allows both sides to understand the facts of the case and prepares them for potential trial. In some instances, discovery can reveal additional parties who may share liability or uncover evidence that strengthens your claim.
Negotiations and Settlement Offers
Many wrongful death cases are settled out of court. Once enough evidence has been gathered, the parties often enter negotiations to try to reach a resolution. If the defendant or their insurance company offers a settlement, your attorney will review the offer with you and help determine if it’s fair.
Settling the case can save time and avoid the stress of a trial. However, it’s important not to accept a low settlement just to move on quickly. A strong legal team will push for an amount that fully reflects the loss you’ve suffered, including future financial needs and emotional damages.
Going to Trial
If a settlement can’t be reached, the case will proceed to trial. In court, each side presents their arguments, calls witnesses, and submits evidence. A judge or jury will then decide whether the defendant is liable and, if so, how much compensation should be awarded.
Trials can take several days or even weeks, depending on the complexity of the case. They can also be emotionally difficult for family members, as the details of the death may be discussed in depth. Still, a trial may be the best option when the other side refuses to take responsibility or offer a reasonable settlement.
What Compensation Covers
Damages in a wrongful death lawsuit aim to address the losses suffered by the surviving family members. These may include:
- Funeral and burial costs
- Loss of income the deceased would have earned
- Loss of companionship, care, and support
- Mental anguish and emotional distress
- Medical expenses related to the final injury or illness
In rare cases involving especially reckless or intentional actions, punitive damages may be awarded to punish the defendant and deter similar conduct.
Time Limits for Filing a Claim
Ohio law sets a two-year statute of limitations on most wrongful death lawsuits. That means you must file the lawsuit within two years of the date of death, or you risk losing your right to take legal action. However, certain exceptions could apply, so it’s wise to speak with an attorney as soon as possible.
The Role of the Personal Representative
Throughout the lawsuit, the personal representative of the estate is the official party in the case. They make decisions on behalf of the family, sign legal documents, and work with the attorney handling the case. While this person has legal authority, they also have a duty to act in the best interest of the beneficiaries.
Once the case concludes, any compensation awarded is distributed to the eligible family members according to Ohio law. This typically includes spouses, children, and parents of the deceased, though the court may consider other relatives depending on the situation.
Why Legal Representation Matters
Wrongful death lawsuits are not only legally complicated—they’re emotionally difficult as well. The process can feel overwhelming, especially when you’re still grieving. Having an experienced wrongful death attorney on your side ensures that the case is handled with care and professionalism.
A skilled lawyer can manage the paperwork, deal with the insurance companies, investigate the facts, and present the strongest case possible. They can also provide guidance on important decisions and help you understand what to expect at each stage.
Compassion and Justice with a Wrongful Death Attorney
Losing someone you love is never easy, especially when their death was preventable. A wrongful death attorney at Obral Silk & Pal Personal Injury Lawyers can help you understand your legal rights and pursue justice on behalf of your family. If you’re in Cuyahoga Falls and need guidance, call us at 216-529-9377 to schedule a free consultation. We’re here to support you through this difficult time.