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My name is Darryl Isaacs, and I practice personal injury law. In my decades of representing clients who have been injured by the carelessness of others, I’ve seen a lot of tragedy. There’s nothing worse than losing a beloved family member because somebody didn’t care enough to do the right thing. I’ve seen the emotional trauma people face, and though I cannot imagine how you feel, I know that at least part of the pain is caused by a sense of powerlessness. You want the truth about what happened, and you want whoever caused your loved one’s death to be held accountable.

On top of the pain of losing a family member, you’re financially devastated. You’re facing medical costs and funeral expenses, and you lost the support your family member’s income provided. The legal theory behind tort law is to make the injured party whole again. Though nothing in the world can bring your loved one back, Ohio law is very strict in wrongful death cases. The state of Ohio truly tries to make a family whole again, at least financially.

Wrongful Death Attorneys

Ohio Wrongful Death Damages

In Ohio law, you are suing on your loved one’s behalf for injuries, which they could have filed a lawsuit for had they lived. Ohio allows for broad damages family members can recover, including:

  • Loss of support your deceased family member’s income provided
  • Loss of companionship of a spouse
  • Loss of the love and guidance of a parent
  • Loss of potential inheritance, had your family member lived
  • Loss of the services of your family member (child care; yard work; chores)
  • Mental anguish and grief
  • Cost of therapy for traumatized survivors

Punitive Damages are not allowed in an Ohio wrongful death suit. But punitive damages are allowed for the behavior that caused the death and for which your loved one could have recovered punitive damages had he or she lived. Punitive damages are to punish a tortfeasor (liable party in a civil lawsuit) for gross negligence or criminal acts. For instance, if somebody drives drunk, a jury may award punitive damages in a lawsuit to punish the wrongdoer and discourage similar behavior. Juries have been known to award punitive damages of tens of millions of dollars, especially when the negligent party was an unethical business.

Ohio Medical Malpractice Wrongful Death

Channel 5 News aired a shocking investigative report last November which revealed the prevalence of medical malpractice in Cleveland and around the country. According to the News 5 report, one Vietnam veteran died from infection after having a minor surgical procedure for dental implants at the Cleveland VA. He swallowed a piece of gauze during the surgery, and doctors, who knew what happened, did not tell anybody about it

The patient’s wife found out after she sought a second opinion at another hospital when her husband became seriously ill after his dental surgery. Though his VA medical record showed he had swallowed the gauze, the medical staff did not inform the patient or his wife about the gauze in his stomach, and by the time the patient found out, he was ill beyond recall. He died six months after his dental implant surgery. Clearly the doctors were grossly negligent. However, even if his widow brings a wrongful death lawsuit, there’s a cap of $500,000 on noneconomic damages for medical malpractice in Ohio.

According to the News 5 report, one doctor on staff at the Cleveland VA caused the death of between 10 to 15 patients. The records were kept secret until lawmakers forced disclosure of internal investigative findings.

If your family member dies after a routine medical procedure, you may not ever find out the truth about what happened unless you file a wrongful death lawsuit. Even if you do file a lawsuit, it is very hard to force hospitals to disclose records. But, by filing a lawsuit, you can expose wrongdoing and demand accountability from medical professionals. You will not have to be the one who fights with the hospital over disclosing records. Your wrongful death attorney will fight that battle for you.

Who Can File a Wrongful Death Lawsuit?

In Ohio, a representative of the estate who is a human being, not a corporation, may bring a lawsuit for wrongful death on behalf of the estate. The lawsuit can seek damages on behalf of the family members and the estate.

Compensation will be split among:

  • Surviving spouse
  • Surviving children, including adopted
  • Surviving parents

Other family members may recover damages but have the burden of proving that the family member’s death caused them financial loss. For instance, if your grandparents had guardianship of you and were killed in a car wreck, you may be presumed to have lost their support and any potential inheritance. There are a multitude of situations where a family member who is not a biological parent provides support and guidance.

Filing a Wrongful Death Lawsuit Can Expose the Truth

When you file a lawsuit, you are empowered to demand information that nobody is obliged to give you outside of a civil lawsuit. You and your aggressive legal team acting on your behalf can:

  • Subpoena witnesses, including employees, to testify under oath at a deposition and at trial
  • Demand production of all related records, including electronic files, social media passwords and cell phone transcripts and texts
  • Propound questions (interrogatories) to be answered under oath and in writing
  • Inspect all tangible evidence, including factories, vehicles, and medical facilities and equipment
  • Request the defendants to admit the truth of facts relating to the death of your loved one under penalty of perjury

In some instances, evidence uncovered during the discovery phase of a wrongful death suit have led to criminal charges being filed.

Statute of Limitations for Ohio Wrongful Death Lawsuits

In Ohio, the estate has a time limit of two years from the date of death to file a lawsuit. However, waiting until the time limit expires may not be a good idea. Wrongdoers have been known to alter records and otherwise engage in cover-ups to avoid liability for a wrongful death. Though we realize that contacting an attorney may be the last thing you want to do at this time, the sooner you do so the faster your attorney can begin a thorough investigation into the cause of your family member’s death before:

  • Evidence is altered or disappears completely
  • Witnesses forget what they saw, or move away
  • The wrongdoer has time to stage a successful cover-up

Isaacs & Isaacs Wrongful Death Law Firm Will Fight to Obtain Justice

At Isaacs & Isaacs, we feel that when people are allowed to get away with actions that endanger and kill members of our communities, nobody is safe including our own families. We are not afraid to stand up to big companies and demand accountability and justice in these cases.

We have helped grieving family members to obtain a sense of justice and closure in wrongful death actions, and we have helped them to have the financial resources to go forward and rebuild their lives. We are on call around-the-clock to be there for you in your legal emergency.

Call 800-800-888 or fill out our online form to speak with a caring and experienced Isaacs & Isaacs wrongful death attorney.

A recent jury award of over $6 million dollars ended a wrongful death lawsuit filed by a local resident after his wife died in childbirth in 2009. Medical malpractice accounts for many wrongful deaths, but in most cases, the family does not file a wrongful death lawsuit.There is probably no worse experience you can endure in life than to lose a beloved family member through the negligence or wrongdoing of another. My name is Darryl Isaacs, and I cannot say I know how you feel after losing your beloved family member. But I can imagine how bad it hurts, especially when things did not have to be this way. You want those responsible for your family member’s death to be held accountable for their reckless and possibly callous disregard for the safety of your loved one.

In addition to emotional pain and suffering, your family may be hurting financially from this disaster. You have funeral and medical expenses, the loss of income contribution and the loss of the day-to-day help your family member provided.

Filing a Wrongful Death Lawsuit Can Help Your Family to Recover

Though no amount of money can bring your loved one back, filing a lawsuit can help you to expose dangerous behavior on the part of wrongdoers, and in doing so, you may help prevent another family from going through the same nightmare. Seeking justice can help provide your family with a sense of closure.

Tort law provides a way to repair financial losses caused by a wrongdoer. The legal theory is to make the victim(s) whole again, at least financially. Wrongful death damages your family can recover include:

  • Loss of companionship of a spouse
  • Loss of the love and guidance of a parent
  • Loss of family member’s income
  • Loss of inheritance
  • Loss of the services of the family member (child care; yard work; chores)
  • Emotional 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 egregious negligence or intentional malice. Juries have been known to award tens of millions of dollars in punitive damages in order to punish a tortfeasor (guilty party) like a wealthy corporation and to discourage similar behavior.

Who Can File a Wrongful Death Lawsuit?

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:

  • Spouse
  • Children or adoptive children
  • Parents

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 example, if your sister, now deceased, cared for you in your disability, providing your shelter and daily physical care.

Filing a Lawsuit May Be the Only Way to Expose the Truth

Celebrities & Wrongful Death

It is not uncommon for companies and individuals who are responsible for tortious acts that cause a death to engage in a cover-up to avoid financial liability. This is especially frustrating for grieving family members, who may feel like they are in quicksand when trying to find out what exactly happened to cause their loved one’s death. A wrongful death suit can put you on the solid ground of exposing the truth and holding wrongdoers accountable for their actions.

After you file a civil lawsuit, you (and your attorney) can demand access to records and evidence that the guilty parties have no obligation to allow you to see outside of a lawsuit. Your attorney acting on your behalf can:

  • Demand access to all tangible evidence that could show what happened
  • Demand production of records and documents, including electronic files, social media passwords, company records, cell phone transcripts of calls and texts and any other records which might show wrongdoing
  • Subpoena witnesses such as company employees to testify under oath at a deposition and at trial
  • Propound interrogatories (questions) to be answered under oath and in writing

When your attorney has performed a thorough investigation into the exact cause of your loved one’s death and has built a strong case to prove liability, the liable parties will in all probability negotiate a settlement, to avoid the expense and possible bad publicity of a jury trial. You have a right to demand an admission of wrongdoing as part of the wrongful death settlement agreement. In some cases, criminal behavior has been uncovered through a civil lawsuit, and charges have then been filed.

Isaacs & Isaacs Will Bear the Cost of Investigation and Litigation for You

Investigating a wrongful death and the process of a civil lawsuit can be very expensive. We will bear the cost for you, and you won’t owe us anything until and unless we win your case or obtain a fair and just settlement.

Isaacs & Isaacs wrongful death lawyers are aggressive and thorough in investigating and litigating these matters. We believe that when people and companies get away with behavior and actions that are so outrageous and irresponsible they can kill, nobody is safe, including our own family members. We want to see wrongdoing exposed and for wrongdoers to be held accountable for their actions so that they will not continue to endanger people.

Ohio Wrongful Death Statute of Limitations

The Ohio statute of limitations for filing a lawsuit for wrongful death is two years from the date of death. However, you may not want to wait that long to contact an attorney. The sooner your attorney can begin investigating the cause of your family member’s death, the stronger the case is likely to be. You need to act without delay before:

  • Evidence disappears or is altered
  • Witnesses forget what they saw, or move away
  • The liable parties have the time to cover up their actions

We realize that the last thing you want to worry about right now is contacting a wrongful death attorney. However, it may give you a sense of satisfaction to know that you are doing everything you can to expose wrongdoing and hold others accountable for their actions which caused your loved one’s death.

If you are not sure whether you have legal standing to file a lawsuit, you can call us for a no-obligation consult and case evaluation with one of our dedicated and aggressive wrongful death lawyers. Call 800-800-8888 or fill out our online form without delay. Let us take the burden off your shoulders, so you can begin to heal.

One of the worst situations a family can go through is to suffer the unexpected, sudden loss of a beloved member through the carelessness or harmful act of another. In addition to grief and trauma, there’s the pain of knowing that things didn’t have to be this way.

You may be struggling with feelings of helplessness and frustration, especially if you suspect that somebody made a terrible mistake that caused your loved one’s death, but nobody will apologize or admit to wrongdoing. In order to investigate fully the cause of your loved one’s death, you must file a wrongful death lawsuit to obtain access to records that are otherwise off-limits.

In addition to your emotional trauma, you may be facing huge medical bills, funeral expenses, and without the income and other support your family member provided, you are worried about how you will manage to make ends meet. You may have to pay for childcare or hire somebody to do tasks that your loved one did, such as gardening or household chores. You could have more bills coming in than you can pay.

Wrongful Death Law Provides a Path to Justice and Financial Reparation

Filing a lawsuit in civil court will allow you and your attorney access to records and files that could prove exactly what happened and who is responsible. If it was a medical procedure gone awry or a horrific accident on the job, proving negligence and holding wrongdoers accountable for their actions can help prevent another family from going through the same nightmare you are experiencing.

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