Losing a loved one is one of the most difficult experiences anyone can go through. When that loss is due to someone else’s negligence, it can be even harder to bear. If you have lost a loved one due to someone else’s actions or inaction, you may have a wrongful death claim. At Babin Law, LLC, we understand the emotional toll that a wrongful death can take on a family, and we are committed to helping our clients seek justice and compensation for their losses. Our team of experienced Dayton wrongful death attorneys will work tirelessly to investigate the circumstances surrounding your loved one’s death, gather evidence, and build a strong case on your behalf. Contact us today for your free consultation.
What is a Wrongful Death?
Wrongful death is a legal term that refers to a situation where someone has died due to the negligence, recklessness, or intentional action of another person or entity. A wrongful death claim can be brought by the surviving family members or other representatives of the deceased person against the person or entity responsible for the death. The goal of a wrongful death lawsuit is to provide compensation to the surviving family members for the loss of their loved one, as well as for any financial damages resulting from the death, such as medical expenses, funeral expenses, lost wages, and other related costs. Wrongful death claims can arise from a wide range of situations, including car accidents, medical malpractice, defective products, workplace accidents, and more.
Common Types of Dayton Wrongful Death Claims
- Car accidents: When someone is killed in a car accident that was caused by another driver’s negligence or recklessness, the surviving family members may have a wrongful death claim against the at-fault driver.
- Medical malpractice: If a medical professional’s negligence or wrongdoing results in a patient’s death, the surviving family members may have a wrongful death claim against the healthcare provider or facility.
- Workplace accidents: If a worker is killed on the job due to unsafe working conditions or other forms of negligence, the surviving family members may have a wrongful death claim against the employer or other responsible parties.
- Defective products: If a defective product causes someone’s death, the surviving family members may have a wrongful death claim against the manufacturer, distributor, or seller of the product.
Who Can Bring A Wrongful Death Claim in Dayton?
In Dayton, a wrongful death claim can be brought by the surviving spouse, children, and parents of the deceased person. If the deceased person is a child, the parents may bring the claim. If there are no surviving family members in these categories, the administrator or executor of the deceased person’s estate may file the claim on behalf of the estate. The eligible family members or the estate representative must file the wrongful death claim within two years of the date of the deceased person’s death in order to comply with Ohio’s statute of limitations.
Statute of Limitations for a Wrongful Death Claim in Dayton
The statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death. This means that the eligible family members or the estate representative must file the claim within two years of the date of death in order to comply with Ohio’s statute of limitations. If the claim is not filed within this time period, it may be barred forever, and the surviving family members may be unable to recover compensation for their losses.
Damages in Wrongful Death Claims in Dayton
Ohio does not have a specific cap on damages in a wrongful death claim. The amount of damages that can be awarded in a wrongful death case depends on the specific circumstances of the case and the losses suffered by the surviving family members. Economic damages such as medical expenses, funeral expenses, lost wages, and loss of future earnings can be quantified more easily, while non-economic damages such as pain and suffering, loss of companionship, and mental anguish may be more difficult to quantify.
Contact our Dayton Wrongful Death Lawyers Today
If you have lost a loved one due to someone else’s negligence or wrongdoing, our experienced Dayton wrongful death lawyers are here to help. At Babin Law, LLC, we understand the pain and suffering that you and your family are going through during this difficult time, and we are committed to helping you seek justice and recover the compensation you deserve. Our compassionate and skilled Dayton personal injury attorneys will provide you with personalized attention and work tirelessly to build a strong case on your behalf. We will handle all aspects of your wrongful death claim so that you can focus on your family and your own well-being. Contact us today to schedule a consultation and learn more about how we can help you during this challenging time.