Flickinger Legal Group

Wrongful Death

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Wrongful Death Attorney in Columbus, OH

Nothing can prepare you for losing someone you love. The hurt runs even more profoundly when that loss happens because someone else was careless. While we know nothing can bring them back or remove the pain of such a loss, Ohio law gives families a way to seek justice and financial protection. At Flickinger Legal Group, we help families through this challenging journey, offering the support and legal guidance they need. If you lost someone due to another party’s negligence, contact us right away for a free initial consultation to discuss your case with an Ohio wrongful death attorney.

What Is a Wrongful Death in Ohio?

Under Ohio law, a wrongful death occurs when another party’s wrongful act, neglect, or default results in a person’s death. This legal definition encompasses many scenarios. For example:

  • A distracted driver causes a fatal crash on I-70
  • A doctor misses crucial symptoms leading to a preventable death
  • A manufacturer sells defective products that prove deadly.

The key element in these cases is that the death wouldn’t have occurred if not for someone else’s negligent or intentional actions. Unlike criminal cases, wrongful death claims are civil matters focused on compensating families rather than punishing wrongdoers. The burden of proof in civil cases requires demonstrating liability by a preponderance of the evidence, meaning it’s more likely than not that the defendant’s actions caused the death.

Who Can File a Wrongful Death Claim in Ohio?

Ohio law strictly regulates who can bring wrongful death claims. Only the personal representative of the deceased person’s estate may file a lawsuit. This representative might be named in the will or appointed by the probate court through a separate legal process.

While the personal representative handles the legal proceedings, they act to benefit surviving family members. Spouses and children – including those who were adopted – usually come first. Parents who count on their child’s support can seek help, too. Sometimes, siblings or grandparents qualify, depending on their connection to the decedent. The courts want to understand how each family member relied on the decedent for financial support and emotional bonds. Our Ohio wrongful death attorneys will help gather the bank statements, tax records, and personal stories that establish these crucial relationships.

Becoming a personal representative requires specific legal steps through the probate court. Under Ohio law, this involves filing an application with the court, obtaining a tax release, and posting a bond in many cases. The court must formally appoint the representative before any wrongful death action can proceed. An attorney can help you understand your role whether you’ve been appointed in your loved one’s will or wish to represent their estate if they died without a will.

Compensation for Survivors

We look at the whole picture when calculating what your family has lost. There are the obvious costs – like hospital bills, funeral expenses, and the paychecks that stopped coming. But we also must consider the future income your loved one would have earned over their career, including raises and benefits they’ll never receive. Getting these numbers right takes help from financial experts who understand how to calculate decades of lost earnings, factor in cost-of-living increases, and account for career growth that should have happened. We look at everything from your loved one’s work history to their retirement plans to show the loss’s true financial impact on your family.

In addition to pursuing economic damages, Ohio law also gives you the right to seek non-economic damages to address the profound personal losses your family suffered, such as:

  • Loss of companionship
  • Mental anguish
  • Lost parental guidance
  • Emotional suffering
  • Loss of consortium and shared life experiences for spouses

The calculation of damages follows specific guidelines under Ohio law. Some of the records and documents we’ll look at when determining how much compensation to pursue include:

  • Tax returns showing historical earnings
  • Employment benefits documentation
  • Actuarial data for life expectancy
  • Professional assessments of lost future income
  • Documentation of medical and funeral expenses

Time Limits for Filing Wrongful Death Claims

In Ohio, the clock starts ticking on the day of your loved one’s death. State law gives families just two years to file a wrongful death lawsuit in most cases. Wait too long and lose your chance to seek justice and compensation. We encourage you to reach out early to understand your specific situation.

Though two years sounds like plenty of time, building your case takes careful work. Flickinger Legal Group will need to collect medical files and official documents, talk to people who saw what happened while the details are still evident in their minds, and work with experts who can explain complex medical or technical issues. We’ll also need to determine the entire financial toll on your family and deal with insurance companies who often try to minimize your loss. Starting early lets us build the strongest possible case for your family.

Reaching out to lawyers might be the last thing on your mind right now. Taking time to grieve is natural and necessary. But we’ve seen how quickly essential details can slip away after a tragedy. Security cameras record over their footage, and people who saw what happened may start forgetting key details.

Insurance companies use these delays to their advantage, often building their defense while families wait to act. Our team moves quickly to preserve evidence while respecting your need to grieve. We handle the time-sensitive legal work so you can focus on your family.

How Flickinger Legal Group Handles Wrongful Death Claims

At Flickinger Legal Group, we know that each family’s loss is unique. Years of working with grieving families have taught us to blend careful legal work with the understanding your situation demands. From day one, we dig deep into what happened – talking with witnesses, reviewing records, and piecing together the story.

We understand that families need support beyond legal representation. That’s why we offer regular case updates, clear communication about options, and flexible meeting arrangements – whether virtual or in person. If needed, we’ll come to you. We also guide families through related probate matters and protect them from aggressive insurance tactics.

Every wrongful death case presents unique challenges. Some require accident reconstruction experts to prove exactly what happened. Others need medical specialists to explain how proper care could have prevented the death. Many involve multiple responsible parties, from negligent individuals to large corporations. We understand the technical aspects of proving liability and the sensitivity required when working with grieving families.

Contact Our Wrongful Death Attorneys Today

If someone else’s negligence took your loved one, don’t face this challenge alone. Call Flickinger Legal Group at (614) 944-5055 or contact us online for a free consultation. From our Columbus office, we serve families throughout Ohio with compassionate, experienced representation.

We offer free case evaluations and flexible consultation options, including virtual meetings and home visits when needed. Our team provides clear explanations of your rights, regular updates on your case, and experienced trial representation if necessary.

The sooner you reach out, the better we can protect your rights and pursue the justice your loved one deserves. From that first meeting through the final resolution, we’ll stand with your family every step of the way and fight for the closure and accountability that will help you move forward.

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