Losing a loved one due to someone else’s negligence is devastating, and pursuing a wrongful death claim can be overwhelming. At Obral Silk & Pal Personal Injury Lawyers, our compassionate wrongful death lawyers are committed to helping families in Parma seek justice and the compensation they deserve. Contact us at 216-529-9377 for a free consultation, and let us handle the legal aspects while you focus on healing.
Understanding What Constitutes a Wrongful Death in Parma
Losing a loved one is an incredibly difficult experience, and it can be even more devastating when that loss is caused by someone else’s negligence or wrongdoing. A wrongful death occurs when an individual’s death is caused by the carelessness, recklessness, or intentional actions of another party. While no amount of compensation can replace a loved one, a wrongful death claim may help bring some measure of justice and provide financial support to the surviving family members. If you have lost someone under circumstances that may qualify for a wrongful death claim in Parma, it is essential to understand what constitutes wrongful death and how to proceed with seeking legal recourse.
Defining Wrongful Death
Wrongful death is a legal term used to describe a situation in which a person dies due to the misconduct or negligence of another party. This could involve direct harm caused by another person, company, or entity. In Ohio, wrongful death claims are brought by the surviving family members or personal representatives of the deceased person, seeking compensation for the emotional and financial losses suffered as a result of the death.
The primary objective of a wrongful death lawsuit is to hold the responsible party accountable and to help alleviate some of the financial burdens faced by the deceased’s family. While every case is different, wrongful death claims typically involve accidents or incidents that result in fatal injuries.
Common Causes of Wrongful Death
There are many different circumstances that could lead to a wrongful death claim. The most common causes of wrongful death include:
Car and Motorcycle Accidents
Motor vehicle accidents, including car crashes and motorcycle collisions, are some of the leading causes of wrongful death. In cases where a driver’s negligence or recklessness leads to the death of another person, the surviving family members may have grounds to file a wrongful death claim. Common examples of negligent driving behaviors that can lead to fatal accidents include:
- Speeding
- Distracted driving (e.g., texting while driving)
Driving under the influence of alcohol or drugs - Failure to yield or obey traffic signals
- Reckless driving
In addition to car accidents, motorcycle accidents often result in fatalities due to the lack of protection for riders. Negligent actions by other drivers, poor road conditions, or defective motorcycle parts can contribute to fatal accidents.
Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm or death. Common examples of medical malpractice that can lead to wrongful death include:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Medication errors
- Anesthesia mistakes
In cases of medical malpractice, the responsible party may be a doctor, nurse, hospital, or healthcare facility. A wrongful death lawsuit may help families obtain compensation for the loss of their loved one and the emotional and financial hardships that follow.
Workplace Accidents
Workplace accidents are another common cause of wrongful death claims. Employers are required to provide a safe working environment, and when they fail to do so, serious accidents can occur. Construction sites, factories, and warehouses are particularly hazardous, but accidents can happen in any industry. Examples of workplace accidents that may result in wrongful death include:
- Falling from heights (e.g., scaffolding or ladders)
- Being struck by heavy machinery or falling objects
- Exposure to toxic substances or hazardous conditions
- Vehicle accidents (e.g., trucking accidents)
- Fires or explosions
If a worker’s death is caused by unsafe working conditions or employer negligence, the surviving family members may have a valid wrongful death claim.
Product Liability
Sometimes, a fatal accident can be caused by a defective or dangerous product. Manufacturers have a responsibility to ensure their products are safe for use, and when a defective product causes harm or death, they may be held liable. Examples of product-related wrongful death include:
- Defective car parts (e.g., airbags, brakes)
- Dangerous drugs or medical devices
- Faulty household appliances (e.g., space heaters, electrical devices)
- Toxic chemicals or hazardous materials
In product liability cases, the manufacturer, designer, or seller of the product may be held accountable for the wrongful death.
Criminal Actions
In some tragic cases, a wrongful death results from criminal activity, such as murder or assault. While criminal charges may be filed against the responsible party, this does not preclude the victim’s family from filing a civil wrongful death lawsuit. A wrongful death claim is a separate legal process from criminal prosecution, and it focuses on holding the responsible party financially accountable for their actions.
Elements of a Claim
To succeed in a wrongful death lawsuit, certain elements must be proven. While each case is unique, the following elements are typically required to establish a wrongful death claim:
- The Death of a Person: There must be a clear and verifiable death, caused by the defendant’s actions or negligence.
- Negligence or Wrongful Conduct: The responsible party must have acted negligently, recklessly, or intentionally to cause the death. This could include failing to follow safety protocols, driving under the influence, or committing a violent act.
- Causation: It must be proven that the defendant’s actions directly caused the death. There must be a clear link between the defendant’s conduct and the fatality.
- Damages: The surviving family members must show that they have suffered financial or emotional losses as a result of the death. This could include funeral expenses, lost income, loss of companionship, and pain and suffering.
Who Can File a Wrongful Death Claim in Ohio?
In Ohio, the personal representative of the deceased person’s estate typically files a wrongful death claim. This individual may be named in the deceased’s will or appointed by the court if no executor is designated. The personal representative may be a surviving spouse, child, or another relative. The claim is filed on behalf of the surviving family members, who are entitled to compensation for their losses.
Eligible survivors in a wrongful death claim may include:
- Spouse
- Children
- Parents (if the deceased had no spouse or children)
- Siblings (if the deceased had no immediate family members)
Each family member may be entitled to different types of damages based on their relationship with the deceased. For example, a spouse may be entitled to compensation for loss of companionship, while children may be entitled to compensation for the loss of parental guidance.
What Damages Can Be Recovered in a Wrongful Death Claim?
If a wrongful death claim is successful, the surviving family members may be entitled to various types of compensation, including:
- Funeral and burial expenses
- Medical bills incurred before death
- Lost income and future earnings
- Loss of companionship, support, and guidance
- Pain and suffering (for surviving family members)
The goal of a wrongful death claim is to provide financial relief to the family members who are grieving and coping with the financial impact of their loss.
How to Pursue a Wrongful Death Claim
If you suspect that a loved one’s death was caused by the negligence or wrongful actions of another party, it’s important to consult with a personal injury lawyer as soon as possible. An experienced wrongful death attorney can help you understand your legal options, gather evidence, and navigate the claims process.
Wrongful Death Attorney in Parma
Losing a loved one due to someone else’s negligence is an unimaginable tragedy. At Obral Silk & Pal Personal Injury Lawyers, our compassionate wrongful death attorneys are committed to supporting you through this difficult time while fighting for the justice and compensation your family deserves. Contact us at 216-529-9377 for a free consultation and let us help you find peace and closure.