Losing someone you love in a car crash is a kind of pain no settlement can undo. If another driver caused the crash, you should not have to carry the financial weight alone. Our experienced Cleveland fatal car accident lawyers can explain your family’s rights and handle the legal side so you can focus on grieving and healing.
Nurenberg, Paris, Heller & McCarthy has been fighting for injured Ohioans since 1928. As one of the state’s oldest plaintiff personal injury and wrongful death firms, we have seasoned trial attorneys who prepare every case as if it will go before a jury.
If you have lost a family member in a crash in Cleveland, contact us for a free, confidential consultation.
What Counts as a Fatal Car Accident Claim in Ohio
When a crash caused by another driver leads to death, your family’s case usually takes the form of a wrongful death claim. Ohio law allows certain surviving family members to recover for losses that follow, including financial support and companionship. This differs from a typical Cleveland car accident claim, which an injured person brings on their own behalf.
Two separate claims can arise from the same fatal crash. A wrongful death claim compensates the family for what they lost when their loved one died. A survival action, brought by the estate, compensates for what the person suffered between the crash and their death, such as pain and lost wages. Our Cleveland wrongful death lawyers can pursue both where the facts support it.
Ohio is an at-fault state, which means the at-fault driver (and their auto insurance policy) are responsible for the resulting losses. Under Ohio’s comparative negligence rule, fault can be divided among more than one party, and a family’s recovery may be reduced by the share of fault assigned to their loved one. We can walk you through how these rules apply to your situation.
Who Can File a Wrongful Death Claim After a Fatal Crash
In Ohio, a wrongful death claim is filed by the personal representative of the person who died, on behalf of the surviving family. Even though the representative files the case, the claim exists to benefit the people closest to your loved one.
Ohio Rev. Code 2125.02 recognizes the following people who may benefit:
- Surviving Spouse: A husband or wife is presumed to have suffered a loss when their partner dies in a crash.
- Children: Sons and daughters, including adult children, may recover for the loss of a parent’s support and guidance.
- Parents: Parents of a person who died, including the parents of a deceased adult child, may have a claim for their loss.
- Other Next of Kin: Siblings and other close family members may be included depending on the circumstances.
If you are a surviving spouse, a parent who has lost an adult child, or another close family member, you may have the right to be part of a claim even if you do not file it yourself. We can help your family decide who should serve as the representative and how any recovery would be shared.
How Our Lawyers Prove Liability in a Death Case
To hold a driver responsible for a fatal crash, you have to prove four things: that the driver owed your loved one a duty of care, broke that duty, caused the crash and the death, and that your family suffered real losses as a result.
We can help you identify what the driver did wrong and directly link it to your loss. Fatal crashes often leave fewer witnesses to tell the story, so having strong material evidence matters.
Our team moves quickly to preserve and gather proof, including:
- Crash and Police Reports: The official report documents the scene, the parties, and any citations issued.
- Vehicle and Electronic Data: Many vehicles store speed, braking, and other data that can show what happened in the seconds before impact.
- Video and Photographs: Traffic cameras, doorbell cameras, and nearby businesses may have captured the crash.
- Phone and Employment Records: These can reveal distraction, impairment, or that a driver was working at the time.
We also work with experienced professionals who can reconstruct how the crash happened and explain the financial impact of the loss. Accident reconstruction experts, medical professionals, and economists each help a jury understand what happened and what it cost your family.
More than one party may share responsibility, too. If the at-fault driver was working at the time, their employer may also be liable. Our verdicts and settlements reflect decades of trial work in serious and fatal injury cases.
Damages Families May Pursue After a Fatal Crash
No amount of money can replace the person you lost. Still, a wrongful death claim can help protect your family’s financial future and hold the responsible party accountable. Depending on the facts, your family may be able to pursue compensation for:
- Funeral and Burial Costs: The immediate expenses of laying your loved one to rest.
- Lost Financial Support: The income and benefits your loved one would have provided over time.
- Loss of Companionship and Guidance: The care, comfort, and counsel the family no longer receives.
- Mental Anguish: The emotional suffering the surviving family members experience.
Ohio caps certain noneconomic damages under Ohio Rev. Code 2315.18. Still, that cap does not apply to wrongful death claims, so losses such as grief and loss of companionship are generally not subject to it. Economic damages, like lost income and medical and funeral bills, are not capped either.
These rules can change, so we can review the current law and explain what your family may be able to recover. We never promise a specific result, but we can fight for the full and fair value of your loss.
Choosing a Lawyer After a Fatal Crash
Choosing a lawyer after losing a loved one can feel overwhelming. Look for a firm with real trial experience in fatal crash and wrongful death cases and a team that treats your family with respect.
The consultation should be free and never high-pressure. Through our No Fee Guarantee®, you pay us nothing up front, and you do not pay us anything unless we recover money for your family. Talking with a lawyer is about getting answers while there is still time to act, not about cost.
Ohio’s Deadline to File a Fatal Car Accident Lawsuit
In Ohio, families generally have two years from the date of death to file a wrongful death lawsuit. This is a hard deadline in most cases. If you miss it, the court can refuse to hear your case, no matter how strong it is.
A few narrow exceptions can change the timeline, but they are applied strictly, so it is not safe to assume one applies to you. Evidence fades, vehicles get repaired or scrapped, and witnesses become harder to find. The sooner we can start, the more we can do to build a strong case for your family.
Where Fatal Crashes Happen in the Cleveland Area
Some of the most serious crashes in Cuyahoga County happen on the region’s busiest roads. Interstate 90 through downtown, including the sharp bend known as Dead Man’s Curve on the Innerbelt, has long been a site of severe collisions.
High-speed stretches of Interstate 71, Interstate 77, Interstate 480, Interstate 271, and the Shoreway also see deadly wrecks, especially in poor weather or heavy traffic.
After a catastrophic crash, victims are often taken to a Level I trauma center such as MetroHealth Medical Center or to University Hospitals Cleveland Medical Center. When a crash is fatal, a wrongful death claim in this area is typically filed in the Cuyahoga County Court of Common Pleas.
These crashes can also cause life-altering harm to survivors, including spinal cord injuries and traumatic brain injuries, and we handle those cases as well.
Frequently Asked Questions
Here are answers to questions families often ask after a fatal crash in Ohio.
How Long Does My Family Have to File a Fatal Car Accident Lawsuit in Ohio?
Families generally have two years from the date of death to file a wrongful death lawsuit in Ohio, under Ohio Rev. Code 2125.02. Missing this deadline can bar your case entirely. Because evidence can disappear quickly, it helps to speak with a lawyer as soon as you are able.
Is a Wrongful Death Claim the Same as a Survival Action?
No. A wrongful death claim compensates the surviving family for their losses after a loved one dies. A survival action, brought by the estate, compensates for what the person endured between the crash and their death, such as pain and lost income. Both can sometimes arise from the same fatal crash.
Who Receives the Compensation From a Fatal Car Accident Claim?
Compensation from a wrongful death claim is generally shared among the surviving family members who suffered a loss, such as a spouse, children, and parents. The personal representative files the claim on their behalf. How the recovery is divided depends on each family’s circumstances, and a court may be involved in approving the split.
Can the Parents of an Adult Child File a Wrongful Death Claim After a Fatal Crash?
Yes. Ohio law recognizes parents, including the parents of a deceased adult child, among the family members who may benefit from a wrongful death claim. Whether and how much a parent may recover depends on the relationship and the loss involved, and we can help you understand them.
Do We Need an Autopsy to Pursue a Claim?
No, an autopsy is not legally required to bring a wrongful death claim after a car crash. That said, an autopsy can provide useful evidence about how your loved one died, which can help establish the cause and strengthen the claim. We can discuss whether one would help in your situation.
What Does It Cost to Hire a Fatal Car Accident Lawyer?
There is no upfront cost to hire our firm. Through our No Fee Guarantee®, you do not pay us anything unless we recover money for your family. The initial consultation is free and confidential, so you can get answers without any financial risk.
Talk With a Cleveland Fatal Car Accident Lawyer Today.
If another driver caused the crash that took your loved one, you deserve answers and someone in your corner. Nurenberg, Paris, Heller & McCarthy has been fighting for the injured since 1928, and our partners bring decades of trial experience to families across Cleveland and Cuyahoga County. We can handle the legal work, deal with the insurance company, and pursue the full and fair value of your family’s loss.
Reach out when you are ready. There is no cost to talk, and through our No Fee Guarantee®, you pay nothing unless we recover money for your family. Contact our experienced Cleveland fatal car accident lawyers today to schedule your free, confidential consultation.
