Do You Have a Case?
Find Out Now >Let Us Help You Through This Difficult Time
Has someone you love been a victim of wrongful death? We can help.
Call us at 216.621.2300
When you lose a loved one due to an accident or oversight caused by the careless actions of another, you want answers. The Cleveland, Ohio, wrongful death attorneys at Nurenberg, Paris, Heller & McCarthy can help you find out why the accident happened and help your family gain closure.
The challenge of facing life without your loved one, combined with funeral costs, loss of wages and support, and medical bills, can be too much to handle alone.
While no amount of compensation could ever make up for your loss, it’s our goal to help alleviate some of the financial burdens related to your loved one’s death so you can grieve your loss with your family.
Get Help Now
What Our Clients Say
How Our Ohio Wrongful Death Lawyers Can Help
A wrongful death claim can help provide your family with the financial support needed to cover expenses associated with your loved one’s death.
It may be difficult to receive compensation without an experienced Cleveland wrongful death lawyer who can help prove the party responsible for your loved one’s accident.
Nurenberg, Paris, Heller & McCarthy has assisted families like yours in overcoming personal tragedies for more than 90 years.
It’s our passion to help take care of your family’s needs during this difficult time. You’re not alone—call us today at (216) 867-6544 or complete a free initial consultation form.
Types of Damages in Wrongful Death Cases
In Ohio, depending on the details surrounding your family member’s death, you may be able to recover damages for:
- Funeral preparations
- Future lost wages
- Loss of benefits
- Loss of support
- Lost inheritance
- Mental anguish suffered by surviving family members
- Your loved one’s medical bills
An Ohio wrongful death attorney from Nurenberg, Paris, Heller & McCarthy will use every resource possible to recover the full compensation you need. We can help you find out why your loved one’s accident happened and hold those who caused the accident responsible.
Who Can File a Claim?
Although many family members may be considered beneficiaries—or recipients—of wrongful death damages, only one family representative appointed by the Probate Court can file the claim.
You can apply to the probate court to be the representative (also known as the Administrator or Executor), and then file a wrongful death claim on behalf of your loved one, if you are the deceased’s surviving:
- Child
- Chosen beneficiary
- Dependent parent
- Heir or heiress
- Spouse
One of your duties as an estate representative is to hire a law firm to represent the estate. If you’re unsure if you’re eligible to file for wrongful death damages, a Cleveland wrongful death lawyer from our firm can answer your questions and explain your family’s options.
Statute of Limitations for Wrongful Death Claims in Ohio
In Ohio, understanding the statute of limitations for wrongful death claims is critical for families seeking justice for their loss. There are strict boundaries on when a claim can be filed, making it essential to act promptly after losing a loved one due to someone else’s negligence or misconduct.
Here are some key points when filing an Ohio wrongful death suit:
- The time to file a wrongful death claim is generally two years from the date of death.
- Filing within this period preserves your right to seek compensation.
- Missing the deadline typically bars you from pursuing legal action.
- There are some exceptions, and in rare cases, they may extend the deadline (specifically cases involving minors or fraud).
- It’s critical to consult a wrongful death attorney as soon as possible.
Understanding the Difference Between a Settlement and Trial
When pursuing a wrongful death claim, families and their lawyers must decide whether to settle out of court or go to trial. Each option has its advantages and considerations, and understanding the differences can help you make an informed choice about how to proceed with your case.
Here are some of the differences between a settlement and a trial:
Settlement
Settlement involves negotiating with the at-fault party or their insurance company out of court. This process is generally faster than going to trial and offers a more predictable outcome, giving you more control over the result. While the compensation may be lower than a successful trial verdict, settlements are often less emotionally taxing for families. Additionally, the details of a settlement can remain confidential, providing privacy for those involved.
Trial
A trial involves presenting your case before a judge and jury in a court of law. This process typically takes longer than settlement negotiations, potentially lasting months or even years. The outcome is determined by the judge or jury, which can lead to less control over the result.
However, trials have the potential for higher compensation awards if the verdict is favorable. It’s important to note that trials can be emotionally challenging for family members, and court proceedings are usually public, offering less privacy than settlements. These factors are always something to consider as they move through the grieving process.
Impact of Wrongful Death on Families
The sudden loss of a family member due to wrongful death can have devastating and long-lasting effects on survivors. Beyond the immediate grief, families often face a complex web of emotional, financial, and social challenges that can reshape their lives forever. The anger alone is gripping and hard to process. Here are some of the psychological and emotional impacts on families and a few coping mechanisms:
Impacts on Families:
- Emotional Toll: Intense grief, mourning, and anger with potential for depression, anxiety, and PTSD
- Financial Strain: Loss of income or financial support, unexpected funeral and burial costs, potential medical bills from the deceased’s final care
- Social Consequences: Altered family dynamics and roles, changes in relationships with friends and community, potential isolation or withdrawal from social activities
Coping Strategies for Families:
- Seek professional grief counseling or join support groups.
- Maintain open communication within the family.
- Consider financial planning to address immediate and long-term challenges.
- Create meaningful ways to honor and remember the deceased.
- Take care of physical health through proper nutrition and exercise.
- Allow time for healing and be patient with the grieving process.
Other Ways Our Wrongful Death Attorneys Can Help
When you’ve lost a loved one due to wrongful death, you need time to grieve, and dealing with details such as collecting life insurance and disbursing your family member’s estate can be overwhelming.
Here are a few ways we can help you that go beyond representing you in a wrongful death claim:
Opening an Estate
Before you can pursue a wrongful death claim, you must first have the probate court in the county where the decedent lived appoint a representative to make all the critical decisions affecting the estate.
Those decisions include how to disperse your loved one’s belongings, property, and wealth, as well as hiring a law firm to represent the estate. This process is called “opening an estate.”
If your loved one left a last will and testament with instructions on how his or her estate should be handled, the details should be read and administered as soon as possible. If your family member did not have a formal will, other steps can be taken to distribute and manage the estate.
An Ohio wrongful death lawyer from our firm can answer any questions about starting this process. Contact us today—call (216) 867-6544 or complete a free initial consultation form.
Collecting Life Insurance
Life insurance is a benefit paid to designated beneficiaries—or recipients—when the policyholder dies. If your family member passed away as a result of someone’s careless actions, the details involved in collecting his or her life insurance benefits may be more complicated than under other circumstances.
Your Cleveland wrongful death attorney can help explain what you need to do to make sure that you and your family get the maximum amount of benefits to help cover the expenses related to your loved one’s passing. Nurenberg, Paris, Heller & McCarthy will do everything we can to answer your questions and help get your case started.
Our Approach to Wrongful Death Cases
At our firm, we take a compassionate and thorough approach to every wrongful death case we handle. Our strategy is designed to maximize the chances of a favorable outcome for our clients, whether through settlement or trial. We prepare every case as if it will go to trial, a strategy that often leads to more favorable settlement offers. This approach demonstrates our commitment to achieving the best possible outcome and shows our readiness if a trial becomes necessary. By maintaining this level of preparedness, we work to provide our clients with the strongest possible position throughout the legal process.
We’ll Take Care of Your Family
Our Cleveland wrongful death attorneys are passionate about helping you rebuild your life in the aftermath of your loss. We will investigate the details surrounding your loved one’s death, and our experienced legal team will spare no expense in helping your family get the support you need.
Don’t face your struggles alone—call (216) 867-6544 or complete a free initial consultation form. When you contact us, we will listen to your story and answer any questions you have about your claim and the legal process.
Understanding Ohio Wrongful Death Claims
Wrongful death claims are different than other personal injury cases. If you’re filing a wrongful death claim on behalf of your loved one, you’re not only facing outstanding medical bills and treatment costs; you’re also dealing with grief, funeral preparations, and the difficulty of facing life without your family member.
Get the support your family needs. An Ohio wrongful death lawyer from Nurenberg, Paris, Heller & McCarthy will approach the legal process with compassion and understanding.
Frequently Asked Questions About Wrongful Death Cases
To file a wrongful death lawsuit, you must be a family member or beneficiary with the legal right to pursue wrongful death damages and have been appointed to serve as the legal representative by the make a claim.
A person can apply to the probate court to be the representative (also known as the Administrator or Executor) and then file a wrongful death claim on behalf of the deceased if he or she is the deceased’s surviving:
– spouse
– child
– heir or heiress
– chosen beneficiary
– or dependent parent
You must also be able to prove that a person’s negligent actions or wrongdoing lead to your loved one’s death.
To file a claim, contact an Ohio wrongful death lawyer at Nurenberg, Paris, Heller & McCarthy today at (216) 621-2300 or complete a free initial consultation form.
The amount of damages—or compensation—you can recover for a wrongful death claim depends on the factors surrounding the case, the parties involved, and the needs of the surviving family members.
In Ohio, depending on the details surrounding your loved one’s wrongful death, you may be able to recover damages for:
– funeral preparations
– future lost wages
– loss of benefits
– loss of support
– lost inheritance
– your loved one’s medical bills
– and mental anguish suffered by surviving family members
The Cleveland wrongful death attorneys at Nurenberg, Paris, Heller & McCarthy will use every resource possible to recover the full amount of compensation you need. We are passionate about working hard to help secure your family’s future.
Before you can pursue a wrongful death claim, you must first appoint a representative to handle your loved one’s legal affairs. A representative is responsible for dispersing your loved one’s belongings, property, and wealth.
This process is called “opening an estate,” and includes administering your loved one’s will (if provided), distributing his or her assets, assigning custody of any surviving dependents, and more.
Whether or not you need a lawyer to open an estate varies from case to case. If your loved one died without leaving a will or final testament and only had a small number of assets and heirs, an estate can usually be opened and settled without an attorney. If your loved one passed away with a large number of assets and a written will, a lawyer can help you through the process.
If your loved one passed away as the result of someone else’s negligence, there is the possibility you may need to file a wrongful death claim. You will want to consult with an Ohio wrongful death lawyer to open an estate.
To receive compensation for the wrongful death of a loved one, you must first be able to prove that his or her death was caused by a person or company’s negligence—or failure to use reasonable care.
Proving negligence requires extensive preparation, investigation, and knowledge of the law. The Ohio wrongful death attorneys at Nurenberg, Paris, Heller & McCarthy can help. We will analyze the details surrounding your loved one’s accident and gather data to help prove who was at fault.
Several elements must be present in a wrongful death claim to legally prove that a person or company was negligent. We must prove that the defendant or at-fault party:
– Had a Duty of Care to Your Loved One
Based on the circumstances, the defendant had a duty to provide a level of safety and care to your loved one.
– Breached That Duty
According to the evidence and details surrounding the case, the defendant failed to fulfill his or her established duty of care.
– Showed Causation
An accident occurred as a result of the defendant’s breach of duty.
– Damages Resulted
Your loved one died as a result of the accident caused by the defendant.
Call an Ohio wrongful death lawyer from Nurenberg, Paris, Heller & McCarthy at (216) 621-2300 or complete a free initial consultation form today.
Common Causes of Wrongful Death
When a person’s negligence causes a devastating accident that leads to your loved one’s death, he or she can be held responsible. Some common circumstances that can result in wrongful death include:
- Auto Accidents: If speeding, distracted driving, or driving under the influence was a factor in your loved one’s accident, this could be considered wrongful death.
- Aviation Accidents: If failure to follow proper safety procedures and precautions contributed to an aviation accident that caused your loved one’s death, you may be able to pursue damages.
- Birth Injury: When an infant or mother suffers a birth injury that leads to death, the at-fault medical staff can be held accountable for their mistakes.
- Medical Malpractice: Doctors and medical staff must provide patients with a safe standard of care. If your loved one died as a result of a medical professional’s negligence, a wrongful death claim can be made.
- Truck Accidents: Sometimes fatal trucking accidents occur due to a trucking company’s failure to maintain proper driving hours, load weight limits, or other crucial regulations. If this is the case, your family may be entitled to wrongful death compensation.
Support Groups After Wrongful Death
Grieving the loss of a loved one is never something you should have to go through alone. If you’re dealing with the death of a family member, you may benefit from participating in a grief support group.
If you don’t know where to start, the Cleveland, Ohio, wrongful death attorneys from Nurenberg, Paris, Heller & McCarthy hope you find some support:
- Psychology Today’s list of local support groups in Cleveland
- Online Grief Support for Traumatic, Sudden Loss
Don’t hesitate to reach out. There are people around you willing to offer care and support in this time of need—many of whom have suffered similar losses.
Our Wrongful Death Attorneys Here to Help
The Ohio wrongful death lawyers at Nurenberg, Paris, Heller & McCarthy are here to help if you have any questions regarding the wrongful death of your loved one. Call us at (216) 867-6544 or complete a free initial consultation form. When you contact us, a member of our legal team will listen to your story and get you the answers you need.