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Ohio Fatal Accident Attorneys
Received Justice for Your Lost Loved Ones Due to Ohio Fatal Accident
Accidents occur every day, some traumatic to some degree. However, in rare instances, someone may die due to these accidents. Knowing what to do during these accidents is essential, and you always want to consult with an Ohio fatal accident lawyer from Karp Steiger about your options.
While your loved one is obtaining medical care, it is vital that someone checks the accident scene and gathers as much evidence as possible. It is also wise to contact an attorney as soon as possible to give legal advice and assistance.
If someone you love dies from this accident, other legal procedures may be necessary to initiate. Reach out to Karp Steiger for legal help today.
Why Do I Need a Fatal Accidents Attorney in Ohio?
Karp Steiger Co., LPA has lawyers who can assist you in maximizing the benefits of your case. If you’re hesitant to take legal action after a deadly car accident, our skilled Cuyahoga, OH, fatal accidents attorney can fight for your rights and help you secure compensation for all the losses caused by the negligent driver.
Our legal team is committed to helping you in the following ways:
- Conduct an investigation, gather evidence, and identify the parties responsible.
- Interview witnesses and medical professionals to demonstrate the accident’s impact on your life.
- Communicate with the insurance company, establish liability, and seek maximum compensation.
- Assess your accident’s total and fair value, including what you have lost and deserve.
We aim to help you recover physically and financially following a deadly car crash by utilizing all the resources at our disposal.
Fatal Vehicle Collisions
No matter what caused the car accident, who is responsible, or how much damage was done, when a person dies in a vehicle collision, the death is often the result of the crash. This means that there is usually someone who may be held liable.
Personal liability examinations analyze the entire event to determine driving habits, who was involved, compliance with traffic laws, violations of these laws, and similar issues that may be connected to the incident.
Each case is different, and the litigation process is usually complicated, with multiple elements to inspect, including the severity of certain factors such as high speeds, the influence of alcohol, and similar concerns. It would be best if you had an attorney who understands the severity of your case. Call us today for a free risk consultation!
What Are the Most Common Causes of Fatal Car Accidents in Ohio?
Most car accidents are due to a single cause, which is the careless actions of another driver. Fatigue, impairment, and distractions can all cause careless errors that may result in the death of another driver. In rare cases, vehicle malfunctions may also contribute to fatal accidents if the car is not maintained correctly or lacks necessary safety features such as functioning headlights.
Some of the most frequent reasons for fatal car crashes in Ohio include:
- Hazardous road conditions
- Driving while distracted
- Driving while fatigued
- Driving under the influence of drugs
- Accidents caused by driving under the influence of alcohol (DUI)
What Constitutes a Wrongful Death Claim?
Under Ohio legislation, wrongful death is defined as a result of someone else’s negligence, default, or illegal behavior. If you sustain injuries in an accident caused by someone’s recklessness, filing a lawsuit can help you pay for your medical expenses and other costs.
If the victim had not died, they could have been compensated for their injuries by the responsible individual.
However, the victim’s death does not prevent other people from holding the negligent party accountable. An eligible individual can bring a wrongful death claim to compensate surviving family members for funeral expenses and other losses.
What is a Survival Action?
Survival actions differ from wrongful death claims as they concentrate on the decedent. Under Ohio Revised Code Section 2305.21, survival actions allow for claims that would have been available to the decedent had they survived. It would be unfair to prevent someone from filing a claim just because they died.
For instance, if the man in the example did not pass away immediately following the accident but spent several weeks in the hospital before succumbing to his injuries, his family could pursue survival action.
By doing so, the family may recover compensation for the pain, suffering, and medical expenses the victim incurred from his accident until his death.
Who Can File a Fatal Car Accident Claim?
Only specific individuals can file or gain from a wrongful death claim in Ohio. The deceased person’s personal representative must file the lawsuit on behalf of the decedent.
- Surviving spouse
- Other next of kin
If you receive compensation for your wrongful death case, the money is typically divided among the legal beneficiaries of your loved one.
Who Can File a Survival Action?
The personal representative of the deceased person’s estate or the successor-in-interest can file a survival action lawsuit. This type of lawsuit can be filed even if the person died after a short period following the accident that caused their injuries.
A survival action lawsuit covers all the pain, injuries, and losses incurred before their death, including any punitive or exemplary damages and penalties the person would have been eligible to recover if they had lived.
How to Prove Negligence in a Fatal Car Accident?
It is important to prove that the other party was negligent and that their actions caused the collision and the death of your loved one. To accomplish this, you will need to provide evidence that shows the following:
- The person being sued had a responsibility to take care of the person who died
- The person being sued did not meet their duty of care
- The failure to meet this responsibility caused the death or serious injuries that led to the death
- The end resulted in severe harm and damage to the family of the deceased
Our qualified Cuyahoga, OH, fatal accidents attorney will thoroughly investigate and examine your case to uncover the truth and ensure that all responsible parties are held accountable.
What Evidence is Needed to Prove Negligence in a Fatal Car Accident Claim?
Some of the most convincing proofs utilized to demonstrate negligence in a fatal car accident include the following:
- The official police or accident report
- The driver’s phone records
- Testimony from witnesses who can describe the driver’s condition
- Video footage of the accident
- Forensic evidence
- Social media accounts and posts of the driver
- Pictures of the victim’s injuries from the accident
- The driver’s medical record
Litigation With Fatal Car Accidents
Litigating a fatal car accident may depend on whether civil charges are necessary for compensation. However, to initiate the possibility of receiving monetary compensatory payouts for the death of a loved one, civil suits are needed.
When the family or dependents of the person who passed away require assistance with medical bills, funeral costs, and other expenses, a suit against the person who caused the accident may become essential.
A lawyer should be consulted to base the evidence and details of the incident on whether there is enough for a compensation claim. This may provide witnesses for testimony, additional evidence, and proof that the responsible party is the person who caused the accident.
What is the Value of My Wrongful Death Claim?
We can assess the worth of your losses by analyzing the medical expenses and employment records of your deceased loved one. Several factors will influence the value of your claim, including:
- The cause of your loved one’s death
- The importance of their contribution to their household
- The total cost of their medical bills and the income they lost
- The extent of their injuries and how severe they were
What Happens If the Insurance Provider Refuses to Settle?
If the insurance company refuses to settle, we can file a lawsuit against the negligent party and take the matter to court. To initiate the case, our fatal accident attorney in Cuyahoga, Ohio, will:
- Conduct depositions
- Share evidence with the other party’s legal team
- Present the evidence of your damages with supporting information
- File your lawsuit before the statute of limitations runs out
- Communicate with the other party’s legal team
Even after we file your case, we won’t stop negotiating with the insurance company.
What Happens If the Insurance Company Treats Me Unfairly?
We understand that during this difficult time, we must ensure that the insurance company behaves ethically and does not engage in bad faith practices. While you focus on honoring the life of your loved one, we will manage all communications with the insurer, including:
- Addressing their emails, calls, and text messages
- Declining any unjust or inequitable offers made
- Examining the responsible party’s insurance policy
- Bargaining for a fair compensation settlement
According to the Ohio Administrative Code (OAC) Section 3901-1-54, the insurance company has 15 days to respond to your claim. However, the insurer may delay their response in hopes you will explore other ways to receive compensation.
To keep your claim moving forward, we will manage all communications with the insurance company on your behalf.
What Are the Damages and Compensation Available in a Wrongful Death Claim in Ohio?
If you lose a loved one due to another driver’s negligence in a car accident, the driver or their insurance policy may be held responsible for your losses. Our Cuyahoga Fatal Accidents Attorney can help you obtain compensation for your damages, including physical, emotional, and financial losses.
We will work hard to represent you and seek compensation through an insurance claim or personal injury lawsuit. Karp Steiger Co., LPA will fight for you to recover the following:
- Expenses for funeral, burial, or cremation
- Loss of financial support from the deceased family member
- Loss of companionship and support from the deceased family member
- Loss of services provided by the deceased family member
- Loss of potential inheritance from the deceased family member
- Emotional distress and mental suffering
Although money cannot replace a lost family member, it can provide financial security for your family after your loss and hold the responsible party accountable for the death of your loved one. Even if most fatal car accident cases are settled out of court, the insurance company may try to avoid paying by claiming their policyholder was not at fault.
While an insurance settlement may be desirable, filing a lawsuit and providing evidence that the other driver was responsible for the accident may also be necessary.
What Compensation is Available in a Survival Action?
Unlike a wrongful death lawsuit, a survival action is a different type of legal action compensating the victim instead of the surviving family members. The personal representative of the victim’s estate can file a survival action to recover compensation for the victim’s suffering and other expenses related to the accident.
The compensation recovered goes to the estate, which can be used to pay for estate taxes, debts, and other expenses, with the remaining amount distributed to the beneficiaries. The compensation awarded in a survival action may include the following:
- Compensation for pain and suffering experienced by the victim from the time of the accident to their death
- Compensation for lost earnings
- Coverage for medical expenses and related costs
- Compensation for mental anguish suffered between the accident and the victim’s death
You cannot receive punitive or exemplary damages in a wrongful death lawsuit. However, you may be able to recover them through a survival action.
Survival actions can be complex and difficult to navigate, but Karp Steiger Co., LPA’s lawyer, can help you. By speaking with our Cuyahoga, OH, fatal accidents attorney, we can evaluate your case and determine the best course of action to help you get the compensation you are owed.
What is Ohio’s Statute of Limitations for Wrongful Death Claims?
To bring a wrongful death lawsuit in Ohio, you must file the lawsuit within a specific period known as the “statute of limitations.” According to Ohio Revised Code Section 2125.0, the statute of limitations for most wrongful death lawsuits in Ohio is two years from the date of the death.
If you fail to file your claim within this time frame, the court will likely not hear your case. However, there are some exceptions to Ohio’s statute of limitations for wrongful death lawsuits that may change the filing deadline.
If you’re considering filing a wrongful death lawsuit in Ohio, consulting with a personal injury attorney at Karp Steiger Co., LPA, is a good idea. We can help you understand how the law applies to your particular case.
How Does the Ohio Statute on Wrongful Death Work?
According to Ohio law, when a person’s wrongful act, neglect, or default leads to someone’s death, the deceased’s personal representative can bring a civil action. The estate administrator or executor can bring a lawsuit on behalf of the deceased’s surviving spouse, children, parents, and other next of kin.
Unlike most civil actions where the plaintiff must prove damages, in wrongful death cases, damages are presumed to have been suffered by the surviving spouse, children, and parents. The defendant, if possible, must prove that these family members did not suffer damages.
What is the Time Limit for Filing a Survival Action?
Survival actions, just like any other legal claim, have a specific time limit for filing. However, the time limit for filing a survival action is determined by the underlying claim, not by the time of the person’s death. The clock starts ticking when the deceased person becomes aware or should have become aware of the injury or harm they have suffered.
Learn More From Our Ohio Fatal Accident Attorneys
Dealing with the aftermath of a fatal car accident in Ohio can be emotionally and financially overwhelming. However, with the proper legal representation, you can ensure that your rights and interests are protected and that you receive the compensation you deserve.
At Karp Steiger Co., LPA, we understand the pain and suffering of losing a loved one in a car accident. Our Cuyahoga, OH, fatal accidents attorney has successfully represented numerous clients in similar situations, helping them understand the legal system and obtain the compensation they deserve.
If your loved one was involved in a fatal accident, call the attorneys at Karp Steiger for a risk-free consultation. Our attorneys will provide you with the legal guidance and support you need during this difficult time!
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