Wrongful Death

Cleveland Wrongful Death Lawyers

The wrongful death lawyers at Mishkind Kulwicki Law Co., L.P.A., believe in the importance of providing individuals and families with the information they need to make decisions about wrongful death claims. That is why we offer a free no-obligation consultation to potential clients contemplating filing a wrongful death claim. During that consultation, we spend the time to explain the legal definition of wrongful death and your rights under the law as a survivor or beneficiary, and we outline your options.

Ohio Fatal Accident Attorneys

Our firm offers its skilled representation to those who have lost loved ones in any type of accident, including:

• Fatal trucking accidents
• Car accidents
• Medical malpractice fatalities

What is wrongful death?

Wrongful death can be any death caused by the negligence or carelessness of another person. Common causes of wrongful death include:

• Motor vehicle accidents
• Medical malpractice
• Construction site accidents

Who can file a wrongful death claim?

The Ohio statute governing wrongful death controls who can file wrongful death claims. A wrongful death claim must be brought on behalf of the estate of the deceased family member. This means that the named (in the decedent’s will) or court-appointed executor of the estate must file the wrongful death claim on behalf of all the beneficiaries of the estate.

What sort of compensation is available for wrongful death?

A wrongful death claim involves demonstrating that the death was wrongful. This means that it was due to negligence. Next it must be shown that the death would likely not have occurred but for the negligence of the wrongdoer. Next it must be shown what harms and loses the survivors of the person killed have suffered such as loss of the society (companionship), services, prospective inheritance, and support (care) of the deceased.

Contact Our Cleveland Wrongful Death Attorneys

Our attorneys have won compensation for many families for the wrongful death of a parent, spouse or child, no matter the nature of the circumstances leading to his or her death. We know that no amount of compensation can return your loved one to you. We also know that, in order to move forward after a wrongful death occurs, survivors need to be free from financial worry. Learn what is available to you and protect your rights. With decades of experience and a track record of success that includes having secured over $200 million in verdicts and settlements for our satisfied former clients, we can help you.

Frequently Asked Questions

What time limits apply?

The rules for calculating the statute of limitations – a deadline that applies for filing a lawsuit – vary from State to State. Under Ohio law, a person injured by an act of negligence other than medical negligence has two years from the date of injury in which to file a lawsuit. This is a general rule that is subject to a number of exceptions. For instance, the two year period does not begin to run for minors or incompetent individuals. Due to the complexities involved in calculating the applicable statute of limitations, it is best to consult an experienced Ohio personal injury lawyer as soon as possible in order to preserve your legal rights. Failure to comply with the applicable statute of limitations results in a permanent bar to recovery for injuries caused by the act of medical negligence.

How can I afford a lawyer and an expensive medical malpractice lawsuit?

We recognize that the vast majority of people cannot afford to hire a lawyer and pay case expenses on a complex bodily injury case. So, we handle these cases on the basis of a contingent fee arrangement. This means that we will represent you without charge. If we recover compensation for you, our fee will be paid out of the recovered funds on the basis of an agreed percentage consistent with industry standards. If there is no recovery, then there is no fee. This way, clients can afford to take on powerful companies and insurance interests with the assistance of experienced attorneys.

How long does a personal injury or wrongful death lawsuit take?

Personal injury lawsuits typically take 1 to 2 years to resolve, either through trial or settlement. One of our pressing goals is to shorten that time as best we can in order to obtain your compensation as quickly as possible. When you first hire us to be your lawyer, we begin the process by securing medical authorizations that permit us to obtain key medical records and bills.  We also start our investigation into the case immediately, securing all available police reports, witness statements and incident reports. We will file your lawsuit as quickly as possible. Once a lawsuit is filed, Ohio courts will set a trial date typically 1 to 2 years from the date of filing, depending on the court. That trial date is important, since cases will typically settle within the few months leading up to the trial date. If the case cannot be settled, then the matter will be resolved at trial. We try to shorten these built-in time frames as best as we can by promptly filing suit on meritorious cases. We also prepare diligently for trial in order to avoid unnecessary continuances.

Does your firm practice throughout the state of Ohio?

We are licensed to practice law throughout Ohio, and do so routinely. Though we are Cleveland medical malpractice attorneys, we have handled cases in 34 of Ohio’s 88 counties, and in all of Ohio’s major cities. Because we focus on catastrophic cases, where there are severe injuries or death, we will travel to where we are needed in the State of Ohio.

Will my future loss of income and medical expenses be taken into account?

One area where the personal injury lawyers at Mishkind Kulwicki Law Co., L.P.A. excel is in calculating and proving the full breadth of damages suffered by our clients. In catastrophic injury litigation, the damages include past and future medical expenses, past and future loss of wage and benefits, life care costs in addition to medical expenses, as well as general damages such as pain and suffering, loss of enjoyment of life, reduced life expectancy and loss of usual activities. In proving economic losses, we often utilize the experience and expertise of a variety of experts, including vocational rehabilitation experts, life care planners, economists, physiatrists, neurologists, financial experts and private case managers. We have the resources needed to prove each and every aspect of a devastating injury.

What can file a wrongful death claim?

The Ohio statute governing wrongful death controls who can file wrongful death claims. A wrongful death claim must be brought on behalf of the estate of the deceased family member. This means that the named (in the decedent’s will) or court-appointed executor of the estate must file the wrongful death claim on behalf of all the beneficiaries of the estate.

What sort of compensation is available for wrongful death?

A wrongful death claim involves demonstrating that the death was wrongful. This means that it was due to negligence. Next it must be shown that the death would likely not have occurred but for the negligence of the wrongdoer. Next it must be shown what harms and loses the survivors of the person killed have suffered such as loss of the society (companionship), services, prospective inheritance, and support (care) of the deceased.

Executors filing a wrongful death claim can also request compensation for medical and funeral expenses, lost pension and other benefits, as well as pain and suffering and mental anguish sustained by the person due to the negligence of others prior to death. Ohio has no limit or “cap” on the amount that can be awarded in a wrongful death claims. If the life of a loved one was cut short as a result of the negligent act of another, protect your rights. Consult a knowledgeable Cleveland wrongful death attorney.