Columbus Wrongful Death Attorney
At the law office of Brian G. Miller Co., L.P.A., we deal with some of the worst injuries that arise from motor vehicle accidents (car, truck motorcycle, bicycle, pedestrian) and workplace accidents (construction accidents, defective equipment). No event, however, is more tragic than the loss of a loved one caused by someone else’s negligence. To know that a needless death could have been so easily prevented had the other party merely exercised a reasonable degree of care is beyond heartbreaking.
While there is nothing anybody can do to make up for the loss of a loved one, our Columbus wrongful death attorneys can help you deal with the financial hardship and the emotional toll a wrongful death imposes on your family. We do this by holding the negligent party accountable for the harm they have caused. A successful wrongful death action helps families achieve some measure of justice for their departed family member and obtain valuable compensation to ease the financial burden brought on by the loss of a breadwinner or homemaker and the disruption to the household such a loss creates.
How the Ohio Wrongful Death Statute Works
Ohio law specifically authorizes a civil action in any case where a party’s wrongful act, neglect or default caused the death of another. The personal representative of the deceased (the estate administrator or executor) is empowered to bring a lawsuit in court for the exclusive benefit of the surviving spouse, children, parents, and other next of kin of the deceased. In most civil actions, it is up to the plaintiff to prove damages, but in wrongful death cases, the law presumes that the surviving spouse, children and parents suffered damages; it is up to the defendant, if they can, to prove these family members didn’t suffer damages.
A wrongful death case can be brought within two years from the date of death. If successful, the personal representative can recover compensation for the family for all of the following types of damages:
- Reasonable funeral and burial expenses
- Loss of financial support the deceased would have provided, based on the reasonably expected earning capacity of the deceased
- The value of the loss of services the deceased would have provided, such as raising the children or helping out around the house
- Loss of society, which includes “loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin”
- Loss of prospective inheritance
- The family members’ mental anguish
How a Columbus Wrongful Death Lawyer Can Help
Wrongful death cases can be both factually and legally complex. It is critical to hire a wrongful death law firm with the knowledge and experience to successfully analyze which circumstances will support a wrongful death lawsuit. Not only will an experienced firm help determine who is at fault, which may or may not require the involvement of specific experts, but the firm also can help determine all insurance coverage that may or may not apply to the wrongful death lawsuit. Also, having an experienced Columbus wrongful death attorney to guide you through the process of a potential legal recovery, as well as the management of any recovery through the probate process, is greatly beneficial and comforting during such a trying time.
The personal representative can settle the wrongful death claim with the insurance company rather than going to court and trying the case before a judge or jury. Just as most personal injury cases settle without a trial, most wrongful death claims do as well. Hiring an experienced and successful personal injury and wrongful death attorney to handle the case puts you in the best position for a full and fair recovery. At the law offices of Brian G. Miller Co., L.P.A. in Columbus, we gather all the facts and relevant evidence and put together a strong case that proves the other party’s fault and the full extent of damages. By preparing each case for trial, we are not only ready to go to court if necessary, but we are in the best position to negotiate a settlement that fairly compensates our clients for the damage done to them, to the extent this is possible.
Our Columbus wrongful death attorneys have years of experience handling a variety of fatality cases throughout the state of Ohio, including:
- Car, Truck, Bus and Motorcycle Accidents
- Drunk Driving (DUI) Car Accidents
- Construction & Workplace Accidents
- Bicycle Accidents
- Pedestrian Crossing Accidents
- Animal attacks
Why Call Our Wrongful Death Attorneys in Columbus, Ohio
Our law firm has the experience and skill necessary to win your case. Our firm is experienced in working complex cases and achieving favorable and successful results. In addition, we understand the arguments and defenses that insurance companies will put forward to be less accountable and are experienced in overcoming the unique challenges that arise after a wrongful death. Our firm also is experienced in working with top experts, such as accident reconstructionists, and understands when experts are required to overcome blame-shifting arguments from the insurance companies. We carry a manageable caseload, which enables us to pay careful attention to the details of each case and be available to discuss and work closely with our clients in achieving favorable results.
We provide free consultations and work on contingency fees. We understand the financial burdens that can arise after a wrongful death and will work with you and the financial hardships you are going through. We offer free consultations at our downtown Columbus office and our Worthington, Ohio office. In addition, we also handle wrongful death cases on a contingency fee basis. This means that our fee will be a percentage of the overall recovery we help you achieve. If you do not make any recovery, you do not owe us a fee.
Our law firm has an earned reputation for success. Most important to us are the perspectives of our past clients; we would encourage you to review our testimonial page to see what they have to say. In addition, the lawyers of our firm have been recognized within their profession with designations in the Best Lawyers in America, The National Trial Lawyers Top 100, Top 40 Under 40, America’s Top 100 High Stakes Litigators, the Multi-Million Dollar Advocate Forum, and for achieving a Top 100 Jury Verdict in the United States.
To discuss your family’s potential wrongful death claim, call our firm at 614-221-4035 to speak with a trusted, respected, and experienced Columbus wrongful death attorney.