A loved one’s passing is traumatic. The trauma and pain increase if the passing is untimely or sudden. But a wrongful death, in which another person’s careless choices lead directly to your loved one’s death, can be especially difficult for you to process. In these difficult times, lean on your Fairfield wrongful death lawyer from Norris Persinger Law.
Medical bills, funeral expenses, and other costs can accompany a wrongful death accident. Norris Persinger Law and our team of compassionate and dedicated attorneys are committed to helping you receive financial compensation for your and your family’s losses. Contact us today and let us help you achieve justice for you and your loved one.
How common are wrongful deaths?
The Centers for Disease Control and Prevention report that over 24 million people visit their doctors each year because of accidental or unintentional injuries. Another 24.2 million will visit an emergency room because of an unintentional accident. And approximately 224,000 people die because of injuries they sustain in accidents.
It is impossible to know how many of these fatal incidents are caused by the negligence of someone other than the decedent. However, it stands to reason that some of the over 18,000 fatalities that occur every month happen because someone made a careless mistake.
When do you bring a wrongful death lawsuit in Fairfield?
A wrongful death lawsuit is how surviving family members recover compensation for the death of their loved one. Through a wrongful death case, you and your family can recover compensation for:
- The final medical expenses your loved one incurred before death
- Funeral and burial expenses
- Loss of your loved one’s income and financial support
- Your emotional suffering and trauma from losing your loved one
- A minor child of the decedent’s loss of their parent’s presence and influence
In Ohio, a wrongful death lawsuit must commence within two years of the incident that led to the decedent’s death. For example, if your loved one died in a car accident, you must file a wrongful death lawsuit within two years of the date the car accident occurred.
If your loved one died in an accident in Kentucky, then your wrongful death lawsuit must commence no more than one year after the incident.
These time limitations, known as statutes of limitations, have few exceptions. They underscore the need to speak with a wrongful death attorney in Fairfield from Norris Persinger Law as soon as possible so that you can rest assured your right to compensation remains available.
How do you receive compensation for a wrongful death?
Ohio’s wrongful death statute only permits the decedent’s personal representative to bring a wrongful death action. The personal representative is the individual who is court-appointed to oversee the administration of the deceased’s estate. This means that the decedent’s spouse, adult children, or siblings all may not bring a wrongful death case unless the court names them as the decedent’s personal representative.
The personal representative then pursues compensation on behalf of the affected family members.
Do wrongful death lawsuits go to trial?
Like other personal injury cases, many wrongful death lawsuits settle through an agreement between the parties. In a settlement, the party that caused the decedent’s death agrees to pay a specific sum of money to the decedent’s representative. In exchange, the personal representative agrees not to pursue their claim any further or seek additional compensation from the at-fault party.
Those wrongful death actions that do go to trial tend to be cases where responsibility for the accident is being questioned. These cases may involve multiple negligent parties, each of whom could have played a role in your loved one’s death. You and your wrongful death lawyer may need an expert witness or reconstruction expert to unravel the events that caused your loved one’s death.
How long does a wrongful death case take to resolve?
No two wrongful death cases are alike, so it is difficult to predict how long your case will take to resolve based only on other cases. Generally speaking, settlement agreements can resolve a wrongful death suit in a matter of weeks or a few months. The time it takes a wrongful death case to settle depends on whether there are any factual issues in dispute and how quickly the parties can agree on an appropriate settlement figure.
Wrongful death suits that do not settle will proceed to trial. It can take several months up to a year or more before your case gets decided by a judge or jury. Before your case is ready for trial, a process known as discovery would need to occur. It is during this process that the parties exchange information about their claims and defenses and identify the issues in dispute. While the discovery process can take some time, it can help expedite the trial itself.
Trust the skilled team of wrongful death attorneys at Norris Persinger Law to help you resolve your wrongful death case as expeditiously as possible. We know the importance to you and your family of receiving compensation quickly, but will also work to ensure the compensation you receive is fair and appropriate.
How do I find an appropriate wrongful death lawyer in Fairfield?
Your wrongful death lawyer should be well-versed in the wrongful death laws applicable in Ohio. A wrongful death lawsuit is not the same as a personal injury case, as only certain individuals can file wrongful death actions. Moreover, the compensation available for a wrongful death lawsuit is different from the compensation pursued in personal injury cases.
You should therefore seek out counsel from a firm like Norris Persinger Law, whose experience in the Fairfield community and throughout Ohio and Kentucky has led to numerous positive outcomes for clients. We know what it takes to win, and are prepared to use our resources and talents to achieve a positive outcome for you and your family.
How do you get started with Norris Persinger Law?
If you believe you have a wrongful death claim, Norris Persinger Law is here to help. Contact our firm today, and let us show you the difference that having a professional and experienced wrongful death lawyer on your side can make.