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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.

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Wrongful 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.

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

How is a wrongful death case different from a criminal case? +

A wrongful death case is a civil lawsuit brought by the deceased person's family or estate representative, while a criminal case is prosecuted by the government. The primary differences include: First, the burden of proof is lower in civil cases—requiring only a "preponderance of evidence" (more likely than not) rather than "beyond a reasonable doubt." Second, wrongful death cases result in monetary compensation for survivors, while criminal cases can result in imprisonment, probation, or fines. Third, the two legal proceedings are completely independent; a defendant can be acquitted in criminal court but still held liable in civil court. Finally, wrongful death cases focus on compensating the family's losses, while criminal cases aim to punish the wrongdoer and protect society.

What types of damages can be recovered in a wrongful death case? +

In wrongful death cases, recoverable damages typically fall into three categories: Economic damages include quantifiable financial losses such as funeral and burial expenses, medical costs related to the final injury or illness, loss of the deceased's expected income and benefits, and loss of inheritance. Non-economic damages compensate for intangible losses including the survivors' mental anguish, pain and suffering, loss of companionship, guidance, and consortium. In cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior. The specific damages available vary by state, with Ohio and Florida having slightly different approaches to calculating and distributing wrongful death compensation.

Who can file a wrongful death lawsuit? +

The right to file a wrongful death lawsuit varies by state. In Ohio, only the personal representative of the deceased's estate can file the lawsuit, though the claim is brought on behalf of surviving family members including spouses, children, and parents. In Florida, the personal representative must also file the claim, but Florida recognizes a broader range of beneficiaries including spouses, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased. In both states, while the personal representative initiates the legal action, the compensation is distributed to eligible family members according to their relationship with the deceased and the specific losses they've suffered. Our attorneys can help determine who has standing to bring a claim in your particular case.

How long do I have to file a wrongful death lawsuit? +

The statute of limitations for wrongful death cases is two years in both Ohio and Florida, generally beginning from the date of death. However, several factors can alter this timeline. If the death resulted from medical malpractice, special pre-suit requirements might apply. When government entities are involved, notice requirements as short as 180 days may exist. In some cases, the "discovery rule" may apply if the cause of death wasn't immediately apparent. Additionally, if the deceased was involved in a related personal injury lawsuit before death, different rules may apply to converting that case to a wrongful death action. Because these deadlines are strict and the analysis can be complex, it's crucial to consult with a wrongful death attorney as soon as possible to preserve your right to compensation.

How are wrongful death settlements distributed among family members? +

The distribution of wrongful death settlements varies by state. In Ohio, the court determines how compensation is divided among eligible beneficiaries based on the proportion of damages suffered by each person. If the parties cannot agree on distribution, the probate court will hold a hearing to decide how to allocate the settlement. In Florida, the personal representative distributes damages according to the Florida Wrongful Death Act, which specifies which family members can recover different types of damages. For example, a surviving spouse may be entitled to different compensation than a surviving adult child. In both states, if the deceased left a will, this typically does not control the distribution of wrongful death proceeds. Our attorneys can explain how settlement distribution would likely work in your specific family situation.

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.

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