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Wrongful Death

Ohio Lawsuits & Legal Rescources

Wrongful Death

Wrongful death is a claim against a person or business or corporation held liable for a death. The claim is brought in a civil action usually by family members.

Wrongful deaths can be caused by traffic accidents, falling debris, pharmaceutical drugs, defectively made appliances, medical malpractice, faulty medical devices, nursing home abuse, unsafe working conditions, ATVs that rollover, and more.

Wrongful death must have been caused by someone else's misconduct such as in the defendant's conduct. There need not be a direct intention to kill the victim but the defendant must be negligent or liable for the victim's death.

For instance, two different people unbeknownst to each other are driving home after work. The defendant stopped at a bar and drank too much then drives recklessly slamming his SUV into a pole, another car, and a person, the victim. The defendant didn't intentionally go out to kill anyone, but he did and his negligence will demonstrate wrongful death.

The victim also known as the deceased will have a spouse, parent, children, and other family members who suffer emotionally and monetarily as a result of his or her death. These are all components of a wrongful death claim and a wrongful death lawsuit.

Wrongful deaths can result from any number of causes but the most wrongful deaths occur from car, SUV, and truck accidents as in wrongful death by motor vehicle accidents. Head on collisions, sideswipes, single-car smash-ups, DUI, SUV rollovers, inferior tires, airbags that fail, improperly made infant car seats, motorcycle accidents, bicycle accidents, school bus accidents, and pedestrians simply walking across the street are all common causes of wrongful deaths.

A person, place, or thing or company is at fault whether a drunk driver, underage driver, truck driver, infant car seat maker, tire manufacturer, SUV manufacturer, or third party vendor. Wrongful death may not only be caused by the driver of a truck or car but by the car manufacturer if it failed to recall a defective part or tire; or if a truck driver's brakes failed because of poor maintenance by the truck company or truck maintenance company.

After a wrongful death, the family is devastated and rightly so. During their grief and perhaps trying to maintain stability for the children or spouse, they may not consider a lawsuit. While this is understandable, it's not the best solution.

Every state has a statute of limitations on wrongful death lawsuits. The last thing you want to do is miss the opportunity to file a wrongful death lawsuit. Filing a claim takes time because the law firm has to consult with experts and examine records prior to filing.

In Ohio, consult with Clark, Perdue & List Co, LPA. In PA, WV, and NJ, contact Anapol Schwartz, of counsel law firm.

Though emotionally painful, please contact a law firm sooner vs. later. Do it for your family and to the responsible person or company accountable and for justice.

 

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