How Loved Ones Can Pursue Justice After a Fatal Car Accident

A car accident can change your life in an instant. If you’ve lost a loved one to a fatal car accident, you might not know where to go from here. Depending on the circumstances, a wrongful death lawsuit may allow you to hold the at-fault parties accountable while providing crucial financial support as you heal.

Who Can File a Wrongful Death Lawsuit in Ohio?

Although wrongful death lawsuits benefit the deceased person’s family, the only individual who can file the lawsuit itself is the personal representative of the deceased’s estate.

If your loved one left a will and named an executor, that person will likely serve as the personal representative. If they didn’t leave a will, the court will appoint a suitable representative.

Types of Compensation You Might Receive in a Wrongful Death Case

A wrongful death claim is intended to compensate the surviving family members of someone killed in a preventable accident. Here are some of the damages you and your loved ones could recover:

Funeral and Burial Costs

If the deceased was in good health, you may not have established burial or funeral plans. Getting the burial and funeral costs covered by a wrongful death settlement can help you avoid debt or undue financial stress.

Lost Income

If your family relied on your lost loved one’s earnings, you could be compensated for the loss of the income they would have made in the future.

Loss of Benefits

In a similar vein, many families rely on one primary earner’s health insurance or other work-provided benefits. As such, any settlement you receive may include replacement benefits.

Loss of Companionship

Surviving spouses can often receive compensation for loss of companionship. If there’s a minor child in the family, you may also be awarded damages for loss of parental support and guidance.

Emotional Pain and Suffering

Grief is always painful, but it’s especially difficult if your loved one lost their life due to negligence. In recognition of this fact, many wrongful death settlements include funds for emotional pain and suffering.

What Kinds of Evidence Are Needed to Prove Liability?

The evidence you’ll need depends on your particular case, but here are some common types of evidence used to support wrongful death lawsuits:

• Police reports
• Traffic camera or dashcam footage
• Cell phone records from the at-fault driver
• Black box data from involved vehicles
• Witness testimony

We’re committed to thoroughly investigating our clients’ cases. The evidence we recover enables us to build robust legal arguments that get meaningful results.

How Attorneys Prove Negligence in Wrongful Death Cases

Your lawyer must be able to prove that the at-fault driver in the car accident acted negligently. That involves establishing the following facts:

• The at-fault party owed you a duty of care
• They breached that duty
• Their breach directly caused the fatal car accident
• You suffered compensable harm as a result

Drivers owe one another a duty of care to remain alert and follow traffic laws. When a motorist does something like text at the wheel, they violate that duty.

If they run a red light while distracted and hit and kill someone, it’s clear that their actions caused the death. As a result, the victim’s surviving family members are entitled to compensation for funeral costs and other losses.

How Long Do You Have to File a Wrongful Death Lawsuit in Ohio?

In Ohio, you have two years from the date of death to file a wrongful death lawsuit arising out of a fatal car crash. There are limited circumstances where this statute of limitations may be paused, or “tolled.” However, you should never assume that your case qualifies for an exception without consulting a qualified lawyer.

Be Wary of Early Settlement Offers

In some cases, the at-fault driver’s insurance company may reach out immediately with a settlement offer. Never agree to such an offer before talking to an attorney. Insurers frequently offer fast, lowball settlements to see if claimants will accept. Once you do so, you’ll give up your right to pursue further compensation.

How Working With a Wrongful Death Lawyer Can Maximize Your Compensation

When you work with the capable team at The Moore Law Firm, we can help increase your chances of success in a number of ways, such as:

• Accurately valuing your losses
• Investigating and gathering evidence
• Building a strong legal case
• Filing an insurance claim
• Attempting to negotiate a fair settlement
• Filing a lawsuit on your behalf and representing you in court if needed

Working with a lawyer can’t guarantee that you’ll recover compensation, but it will make a favorable outcome far more likely.

FAQ

What’s the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim compensates the family members of the deceased. By contrast, a survival action compensates the estate of the deceased for losses suffered before death, such as medical bills and property damage.

What if My Loved One Was Partially at Fault?

You may still recover compensation in a wrongful death lawsuit as long as your loved one wasn’t more than 50% liable. However, your total compensation will be reduced by their percentage of fault.

Will My Case Go to Court?

In the majority of cases, our lawyers can negotiate a settlement without having to go to court. However, if your case must go to trial, we’ll make sure you’re prepared.

Reach Out to Our Attorneys for Fatal Car Accidents Today

Even under the best circumstances, pursuing legal action can be highly stressful. When you’re overcome with grief, it can feel next to impossible.

That’s where The Moore Law Firm comes in. We give each of our clients the compassionate, individualized attention they deserve, and we use our legal knowledge and resources to deliver effective representation.

Working with us comes at no risk to you, and you’ll only pay us if we win. Get in touch today for a free consultation.