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Cleveland Wrongful Death Attorney

Helping Families Get The Full Compensation They Deserve

If you have lost a family member due to negligence, nothing we or any other law firm can do will ever fully replace what you have lost. At Bashein & Bashein, our attorneys realize this and will never claim otherwise. But what we can do is provide you with the compassion and honest legal advice you need to secure the full financial compensation you and your family are entitled to for your loss.

Our Cleveland firm has been providing dedicated representation to the victims of wrongful death since 1949. We have experience trying cases at all levels of Ohio courts, including the Supreme Court.

Your family may be entitled to significant compensation for medical bills, funeral expenses, loss of ongoing support, loss of prospective inheritance and other economic and non-economic damages. To discuss your case with a dedicated wrongful death lawyer, contact us today for a free initial consultation.

Choose the Cleveland Wrongful Death Attorneys at Bashein & Bashein

  • For decades, our personal injury attorneys have represented victims of wrongful death and their families. We have the skills, experience, and knowledge necessary to craft a compelling case in your loved one’s favor.
  • While no amount of money could ever change what happened to your loved one, the at-fault party deserves to be held accountable. Our attorneys have secured millions of dollars for our clients and will fight for your family’s maximum recovery.
  • When you lose a loved one, you need all of the support that you can get. Our attorneys understand how difficult this time can be and will provide your family with the care and understanding that you deserve.

What Qualifies as a Wrongful Death in Ohio?

In Ohio, a wrongful death is defined as one that is caused by the wrongful act, neglect, or default of another person. If the victim had survived his or her injuries, he or she would have been entitled to pursue a personal injury lawsuit against the at-fault party. However, the victim is unable to bring his or her case to court, so his or her loved ones must initiate a wrongful death claim on his or her behalf.

Many situations could lead to a wrongful death claim, such as the following:

  • Negligence-Based Incidents: Negligence refers to a person’s failure to uphold a certain duty of care, such as following traffic laws or maintaining a safe property. If your loved one’s death was caused by someone else’s negligence, you could file a lawsuit against the at-fault party. Potential defendants include motor vehicle drivers, trucking companies, property owners, and motorcyclists.
  • Medical Malpractice: Medical professionals have a responsibility to uphold the medical standard of care and protect the patients that they treat. If a medical professional’s mistake causes your loved one’s death, you could file a wrongful death lawsuit against the provider. You will need to show that the professional deviated from the standard of care through a negligent act or omission.
  • Intentional Acts: If someone intentionally caused your loved one’s death or causes your loved one’s death while committing a crime, you could pursue a wrongful death claim against the at-fault party. Wrongful death lawsuits follow a different process and yield different outcomes than criminal prosecution. As a result, you could pursue civil litigation against the person responsible for your loved one’s death, even if he or she is convicted for the same incident.

Determining Your Legal Options After a Sudden Death

It can be difficult to know whether your loved one’s case qualifies for a wrongful death lawsuit. Any sudden loss can feel unfair and devastating, but only certain cases meet the definition of wrongful death.

In these situations, schedule a free consultation with an attorney at Bashein & Bashein. Our Cleveland wrongful death lawyers can examine evidence related to your loved one’s death and determine whether your family qualifies for litigation. Then, we’ll help your family plan your next steps and seek justice for your loved one.

The Experience To Handle Your Wrongful Death Claim

Our attorneys have extensive experience handling a wide variety of wrongful death claims stemming from:

In Ohio, there are no caps placed on wrongful death claims brought forward by beneficiaries. If your loved one underwent conscious pain and suffering before their death, you could be entitled to compensation as part of a successful survivorship claim in addition to other compensation.

Who Can File a Cleveland Wrongful Death Lawsuit?

Because the deceased person is no longer able to pursue litigation, someone else will need to initiate a wrongful death claim on his or her behalf. State laws place strict requirements on who can bring a lawsuit for a person who has died; in many places, the surviving family members are responsible for pursuing litigation.

In Ohio, however, only the personal representative of the deceased’s estate may file a wrongful death claim on his or her behalf. The deceased person likely named the personal representative in his or her will or estate plan. If the deceased did not leave behind a will, the court can appoint a personal representative who can act in this capacity.

Compensation Available in Ohio Wrongful Death Claims

In a successful wrongful death lawsuit, the at-fault party will be required to pay compensation in the form of damages to the deceased person’s estate and surviving family members. Usually, this compensation is awarded to surviving spouses, children, parents, and, in some cases, grandparents and siblings.

There are several forms of compensation available in wrongful death lawsuits, such as the following:

  • Loss of financial support that the deceased person could have provided through his or her earnings
  • Loss of the deceased person’s care, advice, counsel, instruction, guidance, companionship, or instruction
  • Loss of the inheritance that the deceased person’s spouse or children would have recovered if he or she had survived
  • Loss of the deceased person’s household services, such as childcare and housework
  • The mental anguish that the surviving family members experienced as a result of their loved one’s death

Your attorney from Bashein & Bashein can identify the types of compensation that your family may be eligible to recover. Additionally, we will gather the evidence necessary to calculate these damages and estimate your family’s potential award. For complex forms of compensation, we can consult with expert witnesses who can assess your case and testify in your lawsuit.

How Long Do You Have to File a Wrongful Death Lawsuit?

In Ohio, you only have a certain period to pursue a wrongful death lawsuit. According to the state’s statute of limitation for wrongful death claims, you must file your claim within two years from the date of your loved one’s death.

If you do not file your claim in time, the court will most likely dismiss your case and prevent you from recovering a settlement. There are some exceptions to the two-year deadline, but they are not very common. For this reason, you should initiate your case as soon as you suspect that your family may be eligible for litigation.

To protect your loved one’s right to justice, it is critical to speak with a lawyer as soon as possible. Your attorney can help identify your appropriate filing deadline and determine whether your loved one’s death qualifies for any exceptions that could extend the statute of limitations.

Benefits of Hiring a Lawyer for Your Wrongful Death Lawsuit

If you plan on filing a wrongful death lawsuit, you need an attorney on your side who can protect your family’s best interests. At Bashein & Bashein, our firm is dedicated to helping families of deceased people recover fair compensation from negligent parties. Our attorneys can provide several benefits to your case, such as the following:

  • Experience and Guidance: Your lawyer will have significant experience representing families in their wrongful death lawsuits. Your attorney can guide you through each step of the process so that you can hold the negligent party accountable and seek justice for your loved one.
  • Valuable Support: The loss of a loved one can be an extremely difficult and emotional experience. In this situation, you need all of the support that you can obtain. Your lawyer will protect your and your family’s best interests during each stage of the litigation and can help you make objective, logical decisions to navigate your lawsuit.
  • Negotiation Skills: During the lawsuit, you may need to negotiate with insurance companies or defense attorneys. These conversations can be stressful to handle, especially if you are new to the process. Your lawyer will have strong negotiation skills and can navigate these conversations on your behalf, advocating for your family’s best interests during each step.
  • Calculation of Damages: Calculating damages can be a complicated process, especially in a wrongful death lawsuit. However, hiring an attorney can make it simple. You can trust your lawyer to identify all avenues to compensation, accurately estimate the potential settlement, and advocate for your family’s highest possible award.
  • Handling of Your Legal Matters: After a loved one’s unexpected death, you have many important matters to attend to. Often, the last thing on your mind is pursuing a lawsuit. An attorney from Bashein & Bashein can handle all of these matters on your behalf so that your family can focus on what matters most: healing.

Contact the Wrongful Death Lawyers at Bashein & Bashein

If you lost a loved one due to someone else’s negligent actions, your family deserves justice, and the at-fault party deserves to be held accountable. In these situations, it is imperative to speak with a wrongful death attorney who can represent your case.

This may be your only chance to recover the full compensation you deserve after your loved one’s accidental demise, and you cannot afford anything less than the skilled representation we bring to the negotiating table and the courtroom.

At Bashein & Bashein, our attorneys are dedicated to helping families seek compensation for the loss of their loved ones. You can trust our Cleveland wrongful death attorneys to fight for your loved one’s right to justice. To schedule a free consultation, call 216-771-3239 or toll-free 800-771-4457 or e-mail us today.