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A wrongful death lawsuit is filed on behalf of someone who died as a result of another party's negligence or wrongful actions. Only the executor of the decedent's estate (usually a family member) who has filed the proper paperwork in Ohio Probate Court can file the wrongful death suit, and only designated "distributees" can receive compensation. If you believe the death of someone you know occurred due to negligence or intent to harm, it is important that you contact a wrongful death attorney in Ohio immediately to determine your rights and learn about settlements and court awards.
Causes of Wrongful Death - The causes of wrongful death are many and varied, from defective drugs and products to car and bus accidents.
Wrongful Death and Defective Drugs - Over the years, various pharmaceutical companies have failed to notify the FDA, physicians and consumers of dangerous defects in their drugs. Companies that knowingly hide serious side effects are liable for the consequences. Not even FDA approval relieves a company of its responsibility to the consumer, nor does it protect the company from liability. When the effects of defective drugs lead to premature and wrongful death, a wrongful death suit may be filed.
Wrongful Death and Defective Products - Manufacturers have a responsibility to provide safe, effective products to consumers. A company's failure to recognize a defect in one of its products — or to report that defect to retailers and consumers — is grounds for a lawsuit. Product Liability lawsuits involving everything from car tires to defective medical devices have played a major role in removing defective products from the shelves and out of the workplace. However, not all defective products are removed before they cause harm. If a known defective product has resulted in the death of someone you know, a product liability attorney can provide you with examples of settlements and help determine your legal recourse.
Medical Malpractice - Although doctors and hospitals work hard to provide quality patient care, thousands of medical mistakes and incorrect diagnoses occur each year. Sometimes these mistakes and misdiagnoses lead to harm or injury. Cases of negligence or malpractice that lead to a patient's death may be grounds for a wrongful death suit.
Toxic Exposure and Poisoning - People who work in the petroleum and chemical industries are often exposed to hazardous substances. Toxic exposure, also known as industrial exposure, can lead to devastating illnesses and diseases, including respiratory disease, blindness, hearing loss, mesothelioma and other types of cancer. The insidious nature of some of these ailments is one of the most tragic aspects of toxic exposure and poisoning; by the time people realize they are ill, it is often too late. Employers that knowingly expose their employees to toxic substances without taking the proper precautions are guilty of negligence. Toxic exposure leading to death may be grounds for a wrongful death lawsuit.
Accidents and Injuries - Defective vehicles and negligent driving behavior account for thousands of accidents and injuries each year. When someone dies as a result of another party's negligence, it may be grounds for a wrongful death lawsuit. Examples of accidents and injuries leading to wrongful deaths are:
Automobile Accidents. The most common type of personal injury claim, car accidents often occur due to negligence on the part of one of the drivers. Drivers who cause car accidents while under the influence may face any number of penalties, including DWI/DUI/OVI jail time.
SUV Accidents. SUVs have a higher chance of rolling over than any other type of motor vehicle.
Van Accidents. Vans, especially 15-passenger vans, are also more likely to roll over than other types of motor vehicles. This tendency is worrisome because 15-passenger vans are often used to transport children to and from sporting events and other recreational activities.
ATV Accidents. ATV accidents are on the rise, particularly among children. Despite the efforts of pediatricians and children's hospitals, foolproof safety measures have not been adopted.
Bus Accidents. Bus accidents are also becoming more common. Many of these accidents involve tour bus operators who have worked extensive hours. The widespread lack of seatbelts in buses — including school buses — is another source of many bus accident injuries.
Boating Accidents. Boating accidents represent yet another type of vehicle accident that is common. Frequent causes of boating accidents include alcohol, carelessness, reckless operation, excessive speed and operator inattention.
Drowning. Drowning is the second leading cause of death among children and can occur in as little as two inches of water. All too often, drownings in pools and other bodies of water are the result of negligence due to inadequate supervision/life guarding/safety equipment.
Compensation for Wrongful Death - Families hurt by wrongful death of others negligence can get compensation for several issues related to the death of a loved one, including:
Deceased's pain and suffering prior to death
Compensation may also be awarded for issues affecting the family members, including:
Loss of wages