Wrongful Death
Compassionate legal representation for families who have lost a loved one due to another's negligence or misconduct. We fight for justice and fair compensation during your time of grief.
Free ConsultationWrongful Death Attorneys
If a family member has passed away due to the conduct of another, you may be entitled to damages through the civil justice system. The wrongful death attorneys at The Podor Law Firm will work tirelessly to obtain justice for the family of the deceased individual.
A wrongful death claim is a claim made for damages by close family members or the personal representative of the deceased person. The claim can be made against any individual or entity that contributed to causing the death, whether the conduct was negligent, reckless, or even intentional. Wrongful death claims cover a wide range of conduct, from shootings and fights, to car and truck accidents, scaffolding falls to medical malpractice. A wrongful death case is separate from any criminal prosecution the government may pursue against a wrongdoer.
Common Causes of Wrongful Death
Wrongful death can result from many different circumstances. Some of the most common causes include:
- Motor vehicle accidents (cars, trucks, motorcycles)
- Medical malpractice
- Workplace accidents
- Defective products
- Unsafe premises
- Construction accidents
- Nursing home abuse or neglect
- Criminal acts (shootings, assaults)
- Aviation accidents
- Swimming pool accidents and drownings
Who Can File a Wrongful Death Claim?
State laws differ on who can file a wrongful death claim. Generally, the following individuals may have the right to file:
In Ohio:
Under Ohio law, only the personal representative of the deceased person's estate can file the wrongful death lawsuit. However, the claim is filed on behalf of the surviving family members, including:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- Other dependents or next of kin
In Florida:
Florida law requires that the personal representative of the deceased person's estate file the wrongful death lawsuit. The claim is filed on behalf of the estate and surviving family members, including:
- The deceased person's spouse
- Children of the deceased
- Parents of the deceased
- Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support or services
Types of Compensation in Wrongful Death Cases
Wrongful death cases can result in various types of compensation (damages) for the survivors, including:
- Funeral and burial expenses
- Medical expenses related to the deceased's final injury or illness
- Loss of the deceased's expected income
- Loss of inheritance
- Loss of benefits (such as health insurance or pension plans)
- Loss of care, guidance, and nurturing
- Loss of love, companionship, and consortium
- Pain and suffering of the survivors
- In some cases, punitive damages to punish particularly egregious conduct
Statute of Limitations for Wrongful Death Claims
It's important to understand that there are strict time limits for filing wrongful death claims:
- In Ohio, a wrongful death lawsuit generally must be filed within two years of the date of death.
- In Florida, the statute of limitations is typically two years from the date of death.
However, certain circumstances can extend or shorten these deadlines. For example, if the death resulted from medical malpractice or if a government entity is involved, different time limits may apply. This is why it's crucial to consult with an experienced wrongful death attorney as soon as possible after a loved one's death.
The Difference Between Criminal and Civil Cases
Many people don't realize that a wrongful death claim is completely separate from any criminal charges related to the death. The key differences include:
- A criminal case is brought by the government, while a wrongful death lawsuit is filed by the family or estate representative
- Criminal cases require proof "beyond a reasonable doubt," while civil cases require only a "preponderance of evidence" (more likely than not)
- Criminal cases can result in jail time, probation, and fines, while civil cases result in monetary damages
- A person can be found not guilty in criminal court but still be held liable in civil court (as in the famous O.J. Simpson case)
How The Podor Law Firm Can Help
Losing a loved one is devastating, and navigating the legal system during your time of grief can be overwhelming. Our wrongful death attorneys will handle every aspect of your case, including:
- Conducting a thorough investigation into the circumstances of the death
- Working with experts to establish liability and calculate damages
- Handling all communication with insurance companies and opposing counsel
- Preparing and filing all necessary legal documents
- Negotiating for a fair settlement
- Taking your case to trial if necessary
- Providing compassionate support throughout the entire process
While no amount of compensation can truly make up for the loss of a loved one, a successful wrongful death claim can provide financial security for your family and a sense of justice knowing that the responsible party has been held accountable.
Free Consultation
Our Practice Areas
Why Choose Podor Law
Compassionate Advocacy
We understand the profound grief that comes with losing a loved one and approach each case with sensitivity, respect, and unwavering dedication.
No Fee Unless We Win
We work on a contingency fee basis, which means there are no upfront costs. You only pay if we secure compensation for your family.
Experienced Trial Attorneys
Our attorneys have decades of experience successfully handling complex wrongful death cases and aren't afraid to take cases to trial when necessary.
Thorough Investigation
We leave no stone unturned in investigating the circumstances of your loved one's death, working with experts to build the strongest possible case.
Personalized Attention
We limit our caseload to ensure each client receives the individualized attention and support they deserve during this difficult time.
Proven Results
Our firm has recovered millions of dollars for families who have lost loved ones due to the negligence or misconduct of others.
Frequently Asked Questions
Seeking Justice For Your Loved One
While no amount of compensation can bring back your loved one, holding responsible parties accountable can provide financial security and a sense of justice for your family. Let us help during this difficult time.
Schedule Your Free Consultation