1. What is wrongful death?
When a person’s death is caused by someone else’s careless actions or wrongdoing, it is considered wrongful death. As Ohio wrongful death lawyers, it’s our job to find out why the accident happened and to hold those who caused the accident responsible.
2. How to file a wrongful death lawsuit?
In order to file a wrongful death lawsuit, you must be a family member or beneficiary with the legal right to pursue wrongful death damages and who has 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:
- 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 Nurenberg, Paris, Heller & McCarthy today at (888) 900-6075 or complete a free initial consultation form.
3. How does wrongful death compensation work?
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 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.
4. What does it mean to open an estate?
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.
5. Do I need a lawyer to open an estate?
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 amount of assets and heirs, an estate can usually be opened and settled without an attorney. If your loved one passed away with a large amount 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.