It may feel difficult to regain a sense of normalcy after losing a beloved family member in an accident. After learning that your loved one’s death was preventable, trying to move on may feel even harder. You may find yourself asking questions about what happened and with thoughts about how your life may never be the same again.
You deserve answers to those questions and justice through a personal injury lawsuit for your loss. Let a Cleveland wrongful death lawyer help you hold the people responsible for your loved one’s death accountable.
A wrongful death claim is appropriate when an individual passes away because of someone else’s misconduct, negligence, or carelessness. If the defendant’s unjust actions caused someone to pass away, certain members of the decedent’s family may have cause to file a wrongful death claim.
Wrongful death suits in Cleveland commonly involve the following:
If a family suspects that their loved one’s death was preventable, it may be in their best interest to meet with a compassionate attorney in the area who could review the details of what happened to their loved one to determine whether the family could be eligible to receive compensation for their loss.
Not every person who is affected by the loss of a loved one may pursue a wrongful death claim. Only the personal representative of the decedent’s estate may bring a lawsuit on behalf of the deceased person’s beneficiaries. A personal representative is the person named as the executor of the decedent’s estate in their will. If the victim passed away without a will, a local wrongful death attorney could help a family member file the appropriate probate documents to be named as an administrator.
If the claim succeeds, a local court will distribute the damages to surviving family members who suffered losses due to the decedent’s untimely passing. Local courts recognize that the decedent’s surviving spouse, parents, and children are presumed to have suffered losses. Other family members, such as aunts, cousins, siblings, uncles, and grandparents, are not generally eligible for compensation. In certain instances, another family member could be eligible for compensation if they can demonstrate that they suffered a compensable loss due to the victim’s death. An excellent local attorney could work with a family in a wrongful death claim to help them receive their rightful share of compensation.
The State usually allows two years from the date of the decedent’s death to file a wrongful death suit. It may be critical to meet with a seasoned Cleveland attorney as soon as possible after a loved one’s unexpected death. An experienced attorney could quickly gather and secure all of the relevant evidence so that it does not become lost. A proactive attorney may also meet with eyewitnesses to see what they observed before they forget key pieces of information.
Coping with the loss of a loved one may never be easy. Although a financial settlement may not bring your loved one back, it could bring you some much-needed financial security. A successful resolution to your claim could grant you the peace of mind to resume your life after you have had time to grieve. Speak with a Cleveland wrongful death lawyer today to learn how we can help you.