WRONGFUL DEATH

The sudden or unexpected death of a loved one is devastating. When the loved one’s death is a result of the reckless or negligent action of another, it is inexcusable. Few are prepared for the unexpected loss of a family member.

If you have lost a loved one because of an auto accident, workplace accident, medical malpractice, dog attack, defective product, or nursing home neglect, contact Ethan Vessels for a free, no obligation consultation. He handles wrongful death cases in Ohio and West Virginia. He is experienced in handling wrongful death cases and knows the impact an unforeseen death has on a family. He will answer your questions and provide guidance on actions you can take to hold the party (or parties) accountable for their negligence, including your right to recover fair monetary compensation for your loss. Please call 740-374-5346 or send a message here from this website. 

Filing a Wrongful Death Lawsuit

No amount of money could ever make up for the loss of a loved one. However, a settlement or verdict can help a family adjust to the loss and move forward with their lives and futures. The wrongful death of a loved one often leads to financial hardships and insecurities. The laws of Ohio and West Virginia recognize this fact and allow for the recovery of monetary compensation.

A wrongful death lawsuit usually must be filed in the court of the county where either the death occurred or where one of the defendants resides. Each county within Ohio and West Virginia has its own court system, along with local rules about filing deadlines and setting trial dates. The applicable court will also have guidelines for filing motions and there will likely be a need to file various motions concerning issues of law, discovery matters, legal questions, and evidence questions. All these motions must be decided by a judge.

Pursuing a wrongful death claim can be a complicated and cumbersome process. It requires a thorough understanding of the law. In addition, the expense associated with a case can be significant. These types of cases require in-depth investigations as well as testimony from various types of experts. To prevail in a wrongful death case, it is necessary to hire a range of professionals to help prove various aspects of the case. 

To file a wrongful death lawsuit, many documents must be provided to the court. The complaint sets forth the facts about the case that support the claim along with a statement setting forth the allegations being made against the wrongdoer or wrongdoers, whoever that may be. The complaint will identify the parties, the facts, and the circumstances surrounding the person’s death and the specific laws which support or authorize the cause of action to be brought to the appropriate court.

A wrongful death lawsuit moves through the following stages:

• Discovery and Information Gathering Stage.
• Pre-Trial Preparation Stage.
• Pre-Trial Settlement or Resolution Stage.
• Trial Stage.

The duration of each stage depends on the complexity of the case as well as the laws and rules of the local jurisdiction where the case is being prosecuted.



Determining The Value of a Case

If someone is responsible for damaging your vehicle in an auto accident, the vehicle can be repaired or replaced. That is not the case when a human life is lost. There is no amount of money that can replace a child, parent, grandparent, husband or wife. The value of a person is indeterminable, but the value of a wrongful death claim can be legally defined and ultimately determined.

The decision to file a claim involves an evaluation of the following:

• How much one can expect to recover.
• How much it will cost to pursue the case through a trial.
• The probability of success or determining how difficult it will be to reach a settlement or a verdict.

Factors that determine the value of a claim include:



• The details of who died, their family life, their income, and the stage of life.
• The jury’s perception of who died and how it happened.
• The potential amount of funds available to pay a claim.
• The court system.
• The experience and skills of the lawyers.

Statute of Limitations

A wrongful death lawsuit must be filed in court within a certain amount of time, which known as the statute of limitations. Depending on the jurisdiction, the statute of limitations may begin to run on the date of death, upon discovery of the person’s cause of death, or upon discovery of a defendant’s negligent conduct. The length of the statute of limitations period will vary depending on the laws of the specific jurisdiction. It also depends of the type of action. For instance, a medical malpractice or nursing home abuse case has a shorter statute of limitations in Ohio.

Do not wait until the statute of limitations date is about to expire before filing a wrongful death lawsuit. If an action is filed right before the deadline, or if the defendant cannot be found or the wrong defendant is served, the case could be dismissed, and no compensation will be recovered. Furthermore, critical evidence in the case may be lost or destroyed. Witness memories can also fade over time or witnesses may move and be difficult to locate.

Who Can File a Wrongful Death Lawsuit

The law requires that a personal representative be appointed on behalf of the deceased’s estate. This person acts on behalf of the deceased and has the authority to file a wrongful death lawsuit for the purpose of recovering damages. In most cases, the personal representative is a surviving family member of the deceased, but it is not required to be a family member. For example, a lawyer who serves as the executor or administrator of the estate could be appointed the personal representative.

One part of a wrongful death lawsuit is intended to recover damages on behalf of the estate - which is technically a separate action: the “survivorship” claim. This includes items such as funeral expenses, healthcare expenses, and the deceased’s lost future earnings.

Another part of the lawsuit is intended to recover damages for each surviving beneficiary. This is the “wrongful death” claim. For example, a surviving spouse may recover damages for the destruction of the marital relationship, and each surviving child may recover damages for the loss of the parent-child relationship. The damages claimed by each beneficiary are considered distinct and separate from the damages claimed by the estate.

The personal representative will have a fiduciary obligation to the other interested parties. The personal representative has a legal duty to protect the interests of the estate and all beneficiaries who have a right to recover damages. 



Wrongful Death Cases Are Often Referred to Ethan Vessels

Few lawyers in Southeast Ohio and Northern West Virginia have handled more wrongful death cases than Ethan Vessels. He has a long track record of results, recovering millions in settlements and verdicts for cases he has tried throughout the region.

If you have lost a loved one due to the negligence of another, contact attorney Ethan Vessels for a free, no obligation, and private consultation. When he accepts wrongful death cases in either Ohio or West Virginia, he typically works on a contingent fee basis, which means there is no fee for his legal services until and unless a settlement or verdict is reached.