Have you recently lost a family member in a tragic accident in Columbus, Ohio? While money won’t bring them back, it can help to offset the financial stress and burdens that are often associated with the unexpected death of a family member. Contact Babin Law, LLC for immediate legal assistance. Our Columbus wrongful death lawyers are here to help you fight to maximize your financial recovery.
Corporations and insurance companies tend to believe that they’re above the law and can avoid responsibility for the tragedy and harm they cause. At Babin Law, LLC, our award-winning Ohio trial attorneys will fight to make sure that those responsible for your loved one’s death are held fully accountable.
Benefit from a team of top-rated litigators that’s dedicated to helping you get through this incredibly difficult season of your life. We offer a free, no-obligation case evaluation, so please don’t hesitate to reach out to our Columbus law office today.
What is Wrongful Death?
Under Ohio Revised Code Section 2125.01, wrongful death is defined as a death caused by another person’s wrongful act, negligence, or default. Had the decedent survived, they would have had the right to file a personal injury and seek damages for resulting harm.
In other words, wrongful death occurs when someone dies as the result of an avoidable accident or intentionally harmful act.
At Babin Law, LLC, we represent families who have suffered the wrongful death of a family member in cases involving:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft accidents
- Motorcycle accidents
- Commercial vehicle accidents
- Slip and fall accidents
- Construction accidents
- Medical malpractice
- Birth injury
- Nursing home abuse
- Workplace accidents
- Dog bites
- Accidents involving defective products
- Sexual assault
- Negligent security
- Catastrophic injuries, including spinal cord injuries, severe burns, and traumatic brain injuries
Would your loved one have been able to file a lawsuit if they’d survived their accident or attack? If so, do not hesitate to call our Columbus wrongful death lawyers to discuss your legal rights.
What’s the Difference Between a Survival Action and a Wrongful Death Lawsuit?
Wrongful death lawsuits are filed on behalf of the victim’s surviving family members. The compensation in a wrongful death claim is intended to compensate the family members for how their loved one’s avoidable death has affected them.
Survival actions are similar but distinct. They are also filed after a victim is killed in a fatal accident in Columbus, OH, but seek damages that the victim would have been able to recover had they survived. Survival actions can only be pursued when the victim survives their fatal injuries for a period of time – if only even a few minutes or hours.
Who Can File a Wrongful Death Lawsuit in Ohio?
In Ohio, wrongful death lawsuits and survival actions must be filed by the personal representative of the victim’s estate. This is either the person named as the executor in the victim’s will or a person appointed by the court if the victim died intestate (without a will).
So, it’s not family members – like a spouse, child, or parent – who reserve the right to take action.
Instead, these types of claims are filed on behalf of these surviving family members. Compensation awarded in wrongful death lawsuits and survival actions (when appropriate) is distributed to the victim’s estate and distributed to these beneficiaries.
What Damages Can I Get in a Columbus Wrongful Death Case?
Compensatory damages – including economic damages and non-economic damages – can be awarded in Ohio wrongful death actions.
Under Ohio Revised Code Section 2125.02, these compensatory awards can include:
- The cost of a funeral
- Medical bills incurred prior to the victim’s death
- Loss of prospective inheritance
- Loss of the value of household services and support the victim provided
- Loss of the victim’s financial support, including wages and benefits
- Loss of companionship, care, guidance, protection, counsel, and education
- Loss of consortium
- Mental anguish suffered by a surviving family member
Compensation for the victim’s personal pain and suffering can only be sought in a survival action in Ohio.
It can be difficult to calculate the damages in a wrongful death action, and you can be sure that an insurance company or responsible party will work hard to drive down the value. Our Columbus wrongful death attorneys will work closely with respected experts and specialists throughout the process to ensure that we’re able to secure a settlement or judgment that accurately reflects what your wrongful death case is worth.
How Long Do I Have to File a Wrongful Death Lawsuit in Columbus, Ohio?
Ohio provides surviving family members with two years from the date of their family member’s wrongful death to file a legal claim for damages.
It’s important to note that the statute of limitations begins to run on the date of a victim’s death, which may or may not be the date of their tragic accident.
You will lose the right to file a claim and recover compensation if you allow the deadline to pass before you take action.
Why You Shouldn’t Hesitate to Call Babin Law, LLC For Help With Your Columbus Wrongful Death Lawsuit
You lost someone you love in a fatal accident in Columbus because of someone else’s intentionally harmful or negligent actions. You shouldn’t have to struggle with the costs and consequences on your own. At the same time, you deserve the opportunity to grieve your unspeakable loss and begin to figure out how to move forward with your life.
That’s where our Columbus personal injury lawyers can help.
We’re known and respected trial attorneys with a demonstrated ability to win challenging wrongful death actions like yours. When you choose our law firm to handle your wrongful death case, you don’t just level the playing field. You give yourself the edge you need to win every cent you deserve.
Our team will handle every aspect of your wrongful death case – from the investigation, to consultations with experts, to negotiations with insurance companies, to arguing your story at trial, if necessary. If those responsible for your family members’ death attempt to shift blame and avoid liability, we’ll be there to defend against those allegations at every turn.
Don’t settle for less than your family deserves during this incredibly difficult time. Call Babin Law, LLC, and ask for help. We represent clients on contingency, so there’s no cost to get our top-rated Columbus wrongful death attorneys in your corner unless we win your case.
Your first consultation is free, so contact our law office in Columbus, OH today.