The death of a loved one is always devastating. You and your family are grieving, and angry that the death of your loved one could have been, and should have been prevented. Negligence, recklessness, and criminal acts can cause death. If you lost a loved one, and you want someone to help you, you should talk to an attorney that can explain what can be done to determine if your loved one’s death could have been prevented. You want to be certain that you and your family are compensated for your loss if someone was at fault. At Phillips Law Firm, Inc., our lawyers help families cope with the legal issues surrounding the loss of a loved one.
Attorneys from our firm are sympathetic to the difficulties of a wrongful death. Nothing will return your loved one to you. The only thing the legal system can do is work to help your family receive an explanation for what happened, and compensation for the suffering and the loss of your loved one. The legal claims associated with the unexpected death of a loved one are difficult. Our attorneys are sensitive to the difficult nature of wrongful death lawsuits. A wrongful death lawsuit is not just another car wreck case, and hiring an attorney that is not experienced with the law of wrongful death claims could be a huge mistake for the family. For example, not just anybody can sue for wrongful death. First, the attorney must open an estate in Probate Court, have an executor appointed to oversee the estate, and then the executor sues for the wrongful death. If money is collected, only Probate Court can decide who is entitled to the money, not the executor. The people entitled to money can be spouses, brothers and sisters, parents, or anyone who can prove that he or she is impacted by the death of the loved ones. Our attorneys know the process, and know how to avoid the mistakes.
As terrible as it may be to consider, if your loved one suffered before dying, there is another type of lawsuit that can also be brought by the family, called a survivorship claim. Under Ohio law, a survivorship claim is a legal claim made by the estate of a deceased person to compensate for the suffering that occurred prior to death. This type of claim allows the deceased person’s estate to recover for the pain and suffering the deceased person endured prior to dying. The estate can also recover the costs of medical bills, funeral and burial expenses. Money recovered by a survivorship claim is inherited according the person’s will, or by law if no will exists.
A survivorship claim is different than a wrongful death lawsuit. The people entitled to recover the money are different. Your attorney must know the difference between a survivorship claim, and a wrongful death claim. For example, in Ohio, survivorship claims and wrongful death claims have different time limits on filing a lawsuit. The sooner you contact an experienced attorney, the better off you will be in protecting your rights after the death of a loved one.
Our attorneys have assisted the estates and families of victims related to deaths caused by car crashes, recklessness, medical malpractice, negligence, house fires, and homicides. Our attorneys will immediately begin an investigation into your case to identify every responsible party. We collect all necessary evidence, contact witnesses, and consult with experts including forensic and economic specialists to document your claim for trial.
Your attorney is your advocate. This means that your attorney acts on your behalf and for your benefit throughout the entire process, from helping you in Probate Court, negotiating with the person responsible for the death of your loved one, to presenting your case to a jury. Your attorney makes sure that your side of the story is seen, heard, and felt. Most importantly, your attorney must get you the maximum compensation for all of your injuries and losses. Having an experienced and knowledgeable attorney working for you is essential in obtaining the best result in your case.
Phillips Law Firm, Inc. has been handling wrongful death and survivorship cases for over 25 years in the same convenient location for our clients. Your case is not too complicated, and your case is not too complex for us to present to a jury to get the best result for you. If you have a loved one that has died, and you believe someone else was the cause, we can help you.