The law firm of Dworken & Bernstein has been successful in representing the families of persons whose death has been caused by the wrongful act of another. Wrongful death claims arise in many areas of personal injury law including motor vehicle accidents, workplace accidents, medical malpractice, products liability and others.
The Ohio General Assembly has codified the law necessary for families to recover in the case of a wrongful death of a loved one. Those claims, however, can only be brought by the personal representative of the deceased. Such person must be duly appointed by the Probate Court. A wrongful death action may be brought by the decedent’s estate on behalf of the next of kin and beneficiaries of the estate for damages they have suffered as the result of the accidental death of a loved one. Both economic and non-economic damages may be obtained. Family members are entitled to compensation for the monetary loss suffered by way of loss of earnings or medical or funeral expenses. The wrongful death statute also provides a way to recover damages for the mental anguish incurred as the result of the loss of the companionship, care, assistance, and advice of a loved one.
In addition, a separate cause of action exists for the injuries suffered directly by the decedent. Death does not take away a cause of action or a claim of the injured person. The cause of action survives the death and continues in the personal representative appointed by the Probate Court. This “survival” action sustains the decedent’s right to sue and recover money for such things as the conscious pain and suffering of the decedent before he or she died.
If your spouse, child or parent died as the result of the negligence of someone else, contact one of Dworken & Bernstein’s lawyers listed.