Nothing can make up for the untimely death of a family member. You’re hurt, angry, and you want to know who is responsible. Also, you may be left with medical bills and funeral expenses, and without the income your family member contributed, you don’t know how you will make ends meet.
The law provides a way to hold others accountable for their careless or willful actions that caused somebody to die. Wrongful death law is as much about holding parties accountable and providing justice and closure for family members as it is about financial damages a family suffers because of a wrongful death.
Medical Malpractice Wrongful Death
The Cincinnati VA Hospital paid out $1.6 million to settle 11 wrongful death complaints in the decade since 9/11. For every case where a patient’s family member files a wrongful death lawsuit, negligence and medical malpractice leads to many other deaths, which are covered up by the medical profession and where nobody files a lawsuit.
According to a survey, you are many times more likely to die from medical malpractice than you are from a gunshot wound. The Veterans Administration is not exempt from the rampant malpractice that permeates the medical profession and endangers us all. If you suspect a loved one’s death was caused by medical malpractice, the best thing you can do to help stop this epidemic of slipshod medical treatment is to consult a wrongful death attorney about filing a wrongful death suit.
Who Can File a Lawsuit for Wrongful Death?
In Ohio, a representative of the estate may bring a wrongful death suit on behalf of the estate. The representative must be a human being, not a corporation.
Family members who can recover damages include:
- Children or adoptive children
Other family members can recover wrongful death damages but have the burden of proving that their loved one’s death caused them financial loss. For instance, you may be able to file if your sibling supported you or a minor child, or if you were the guardian of a niece or nephew and your family member’s death caused you financial damages such as medical and burial expenses, and emotional trauma. You may also be able to file if you cared for your grandchild whose illness and subsequent death was a financial burden.
What Are Wrongful Death Damages?
Damages family members can recover include:
- Loss of companionship of a spouse
- Loss of the love and guidance of a parent
- Loss of loved one’s income
- Loss of potential inheritance
- Loss of the services of the family member (child care, yard work, chores, etc.)
- Mental anguish
- Cost of therapy for traumatized survivors
The above are by no means all inclusive. Ohio wrongful death law truly attempts to make survivors whole again after the loss of a beloved family member.
In addition to the practical losses survivors must live with, Ohio allows punitive damages to punish intentional malice. Juries have been known to award millions of dollars in punitive damages in order to punish a guilty party and to discourage similar behavior by others.
A Wrongful Death Suit May Be the Only Path to Justice
In many cases, families have brought wrongful death lawsuits in order to find out exactly what happened and obtain a measure of justice. Filing a lawsuit against, for instance, a medical provider or a big corporation will allow access into records that otherwise may be off limits.
Once a lawsuit is filed, you (and your legal team, acting on your behalf) have the right to subpoena witnesses such as company employees to testify under oath at a deposition and at trial. You can demand production of electronic records, including social media and cell phone communications, emails and electronic files. You can demand access to tangible evidence such as black box recordings and faulty equipment. In the pre-trial phase of civil litigation known as discovery, your wrongful death legal team can fully investigate all evidence that will expose the parties responsible for your loved one’s untimely death.
Filing a case in civil court may be the only way to discover what happened to cause your loved one’s death. Also, you can expose wrongdoers’ unethical behavior, so other families don’t have to go through what you are suffering. Sometimes a wrongful death lawsuit leads to criminal charges being filed.
Call the Caring and Experienced Attorneys at Isaacs & Isaacs
Isaacs & Isaacs wrongful death lawyers are passionate about seeking justice, exposing wrongdoing and holding people accountable for reckless or criminal behavior that’s a danger to the community. We know that when somebody is allowed to get away with actions that endanger and kill, nobody’s safe, including our own families.
You don’t have to pay anything to enlist our help. We will represent you on a contingency fee basis. Isaacs & Isaacs will bear the cost of investigating your loved one’s wrongful death. We won’t get paid until and unless we win your wrongful death claim or case.
There’s a time limit to file a case or claim called a statute of limitations. If you wait too long, you could lose the right to demand justice. Because we understand how crucial it is to meet the legal deadline for filing, we’re on call around-the-clock to help those who need to seek legal relief for their injury. Call 800-800-8888 to speak with an experienced and compassionate Isaacs & Isaacs wrongful death attorney. We are here for you 24/7.