Losing a loved one is always a difficult experience, but it can be even more devastating when the death is caused by the negligence or wrongdoing of another person or entity. If you have lost a family member due to wrongful death, you may be entitled to compensation for your losses. A wrongful death lawyer in Akron can help you understand your legal rights and options.
Wrongful death is a civil cause of action that allows the family members of a deceased person to seek compensation for damages caused by the wrongful act or neglect of another person or entity. In Ohio, wrongful death claims are governed by Ohio Revised Code Section 2125.01, which states that a wrongful death action may be brought by the surviving spouse, children, parents, or siblings of the deceased person.
Establishing Liability in Wrongful Death Cases
Proving Negligence
In order to establish liability in a wrongful death case, the plaintiff must prove that the defendant owed a duty of care to the deceased person, that the defendant breached that duty, and that the breach of duty was the proximate cause of the death. Negligence is the failure to exercise the care that a reasonably prudent person would have exercised under the same circumstances.
Intentional Acts
In some cases, wrongful death may be caused by an intentional act, such as murder or assault. In these cases, the plaintiff may be able to recover damages for the intentional act itself, as well as for the wrongful death.
Strict Liability
In certain situations, a defendant may be held liable for wrongful death even if they did not act negligently. This is known as strict liability. For example, a defendant may be held strictly liable for the wrongful death of a person who was killed by a defective product.
Damages in Wrongful Death Cases
If you are successful in a wrongful death lawsuit, you may be entitled to recover damages for a variety of losses, including:
- Loss of income
- Loss of companionship
- Loss of support
- Funeral expenses
- Medical expenses
- Pain and suffering
- Mental anguish
How to Find the Right Wrongful Death Lawyer
Experience and Expertise
When choosing a wrongful death lawyer, it is important to find someone who has experience and expertise in this area of law. You should ask about the lawyer’s track record, including the number of cases they have handled and the amount of compensation they have recovered for their clients.
Compassion and Understanding
In addition to experience and expertise, it is also important to find a lawyer who is compassionate and understanding. This is a difficult time for you and your family, and you need a lawyer who will be there for you every step of the way.
Communication and Transparency
It is also important to find a lawyer who is communicative and transparent. You should be able to easily reach your lawyer and get updates on your case. Your lawyer should also be upfront with you about the potential risks and benefits of your case.
Cost of Legal Representation
The cost of legal representation can vary depending on the complexity of your case. You should discuss the fees with your lawyer upfront so that you know what to expect.
Conclusion
Losing a loved one is never easy, but it is especially difficult when the death is caused by the negligence or wrongdoing of another person or entity. If you have lost a family member due to wrongful death, you may be entitled to compensation for your losses. A wrongful death lawyer in Akron can help you understand your legal rights and options.