Columbus Wrongful Death Lawyer

Protecting Your Rights After a Wrongful Death

Under Ohio law, surviving family members are entitled to pursue a wrongful death case when their loved one is killed as a result of the wrongful acts of another person or company. If you have lost a loved one as a result of the negligence of others, contact Rourke & Blumenthal to discuss your legal rights with a wrongful death lawyer.

Our experienced team has handled wrongful death claims stemming from all kinds of negligent conduct. We encourage you to visit the Verdicts and Settlement Page for examples of our successes in helping families in wrongful death cases. When we take on a wrongful death case for a family, our dedicated attorneys and staff handle all of the stresses that come with the legal process so that our clients can focus on getting their lives back in order after the tragedy.

Wrongful death cases can be expensive to pursue, difficult to prove, and vigorously defended by big corporations and insurance companies. What sets Rourke & Blumenthal apart from most law firms is that we have access and experience working with the top professionals in various fields to help prove the situation for our clients. We possess the financial resources to fund significant cases so that the defense does not win by simply outspending the plaintiff, and our legal team has handled many significant and complex wrongful death cases over the years. In all wrongful death cases, we aggressively work to determine all of the losses, both economic and emotional, suffered by the family to achieve the best possible recovery for our clients.

Thinking about your legal options after a tragic loss? Call Rourke & Blumenthal today at (614) 321-3212 or contact us online for a free consultation and protect your family’s rights.

What Is Considered Wrongful Death in Ohio?

Wrongful death in Ohio arises when another party’s intentional, reckless, or negligent conduct results in the loss of life. This legal claim centers on the harm suffered by surviving family members due to the premature and preventable death of their loved ones. Unlike other types of personal injury cases, wrongful death actions seek to address the emotional, financial, and practical impact that the loss has on the family left behind. At Rourke & Blumenthal, we approach these sensitive matters with compassion and expertise, guiding families through the complex legal process while advocating fiercely for their rights.

Common Causes of Wrongful Death

Wrongful death can occur when another party's negligence or misconduct is to blame. Some of the most common causes seen in Ohio include:

• Motor Vehicle Accidents – Fatalities often result from reckless or impaired driving, distracted driving, speeding, or commercial truck negligence on highways and city roads.
• Medical Malpractice-Errors such as surgical mistakes, misdiagnoses, medication overdoses, or failure to diagnose a serious condition can lead to preventable deaths.
• Defective Products-Manufacturers and distributors can be held accountable when unsafe consumer goods, automotive parts, or medical devices cause fatal injuries.
• Workplace Accidents-Employers may be liable for deaths caused by unsafe working conditions or a lack of proper safety measures, especially in industries like construction or manufacturing.
• Premises Liability-Property owners may be responsible for fatal injuries resulting from dangerous conditions, such as inadequate security, slip-and-falls, or fire hazards.

Identifying the specific cause of death is essential in building a strong wrongful death claim. Each type of case requires a tailored investigation and legal strategy to hold the responsible parties fully accountable.

Who Can File a Wrongful Death Claim?

According to Ohio law, the “personal representative” of the deceased person’s estate must bring the wrongful death claim to court. The personal representative can be a family member or another person, as long as it is not an entity, such as a corporation or business. The personal representative is either designated in the will as the executor or is appointed by the probate court as the administrator of the estates.

The following family members can be compensated in a wrongful death case:

• The surviving spouse of the deceased person
• Any surviving children, including adopted children
• The surviving parents of the deceased person
• Other next of kin of the deceased person

Ohio Wrongful Death Statute of Limitations

In Ohio, the law sets a strict deadline for filing a wrongful death lawsuit. The personal representative of the deceased’s estate must initiate the claim within two years from the date of the loved one’s death. Missing this deadline usually means losing the legal right to pursue compensation through the courts. This time limit ensures that claims are brought promptly while evidence remains available and memories are fresh. Because of the critical importance of timing, it is essential to consult with an experienced wrongful death attorney as soon as possible after a loved one’s passing to protect your family’s legal rights.

Damages Recoverable in a Wrongful Death Lawsuit

Under Ohio law, family members who survive a wrongful death can pursue financial compensation for multiple types of losses resulting from their loved one’s passing. These recoverable damages often include:

• Loss of Income and Financial Support: Compensation for the financial contributions the deceased would have provided to their family had they lived.
• Loss of Services: This covers the loss of household services or assistance the deceased would have offered, such as childcare or home maintenance.
• Loss of Care and Companionship: Acknowledges the profound emotional void created by the death, including the absence of love, support, guidance, and everyday companionship that the deceased provided.
• Loss of Expected Inheritance: Covers the financial loss when the deceased was likely to leave assets or an inheritance to their family, which survivors may seek to recover.
• Emotional Distress: Provides compensation for the deep mental suffering and grief endured by family members as a result of their loved one’s premature passing.

Contact Our Columbus Wrongful Death Attorney Today 

The loss of a loved one due to someone else’s negligence or wrongdoing is a profound hardship. Ohio law allows families to pursue compensation, but the process can be complicated and emotionally overwhelming. At Rourke & Blumenthal, we provide compassionate guidance and skilled representation throughout your case. We aim to protect your family’s rights and help you obtain the justice and financial recovery you need to move forward.

If you’ve lost a loved one due to negligence, don’t wait. Reach out to a trusted Columbus wrongful death lawyer at Rourke & Blumenthal now to discuss your claim and secure the compensation your family deserves!

FAQs about Wrongful Death Claims in Columbus

Are Punitive Damages Available in Wrongful Death Cases?

In Ohio, punitive damages may be awarded in a wrongful death lawsuit if the defendant's conduct was particularly egregious or reckless. These damages are intended to punish the wrongdoer and deter similar actions in the future. However, securing punitive damages requires presenting clear and convincing evidence of the defendant’s reckless indifference or malicious intent. Our legal team is adept at evaluating the potential for punitive damages, utilizing thorough research and expert testimony to fortify our position.

How Can Rourke & Blumenthal Assist with Wrongful Death Claims?

Rourke & Blumenthal offers comprehensive services for families navigating wrongful death claims. From the initial consultation to the case resolution, we provide steadfast support. Our approach is rooted in understanding and empathy as we work diligently to ascertain the facts and construct compelling legal arguments. With over 150 years of combined legal advocacy, our team has the knowledge and resources to manage complex cases and passionately advocate for our client’s rights and welfare.

What Should I Do After a Suspected Wrongful Death?

Immediately after a suspected wrongful death, it is crucial to secure all relevant documentation and evidence, including medical records, police reports, and witness contacts. Refraining from speaking with insurance adjusters without legal representation is also advisable. Consulting with a wrongful death attorney promptly ensures vital steps are not overlooked, and necessary actions are taken swiftly. At Rourke & Blumenthal, we provide swift and efficient responses to inquiries, ensuring your rights are preserved from the onset.