Wrongful Death Lawyer Cleveland, OH

Wrongful Death Lawyer Cleveland, OH

Deaths are extremely hard for families. If the loss was a result of an accident, a hazing incident, or something else, contacting a our Cleveland, OH wrongful death lawyer is often a good idea. A wrongful death occurs when an individual’s death is directly caused by the wrongful act or negligence of either a person or a business.

Due to the nature of these deaths, they are often devastating. There are also many factors and situations that can cause a wrongful death.

Lawsuits Arising Out of “Hazing”

Hazing incidents appear to be once again on the rise. During the 1990s and early 2000s, hazing incidents were rare, as colleges and universities cracked down on the practice by closing noncompliant fraternities and sororities. As memories about past problems fade, illicit hazing ceremonies and practices have crept back into Greek life across the country.

“Hazing” refers to the initiation process by which probationary fraternity and sorority members become full-fledged members of the house to which they have pledged. Hazing can involve mundane tasks like cleaning up after a party or driving partygoers to and from events. Hazing can also involve silly but harmless pranks. But hazing can involve dangerous acts that lead to injury or death.

Typically, wrongful deaths arising out of hazing activities are caused by binge drinking that results in alcohol poisoning, aspiration of stomach contents, or fatal injury. The risk of serious injury increases when students who are inexperienced with alcohol or underage drinking are involved. Often, party games, goading, and peer pressure escalate the risk in a setting where the goal is to make pledges severely intoxicated and even sick. Hazing is purportedly a bonding experience, but the dangers associated with alcohol-related hazing have led virtually every college and university in the United States to ban the practice. Nonetheless, it continues to happen and it seems to be on the rise.

When investigating an alcohol-related death on campus, our Cleveland wrongful death lawyer  will need to do a detailed factual investigation to determine if there are any culpable parties. At a minimum, our attorney will want to know the following:

• Was alcohol served at a fraternity- or sorority-sanctioned event?
• Was the event university-sanctioned?
• Were any security measures in place to prevent underage drinking?
• Were any security measures in place to identify and care for intoxicated participants?
• What details can be learned from the police report?
• What details can be learned from the EMS report?
• Was an incident or police report prepared by campus police?
• Did fraternity or sorority members create an incident report or prepare witness statements?
• What were family members told about events surrounding the death by house representatives?
• Who are eyewitnesses?
• Is there any video of the precipitating event?
• Are there social media posts pertaining to the precipitating event?
• Has the house been the subject of other disciplinary actions or prior police reports?
• What do an autopsy and/or toxicology results show?

In addition to the foregoing, most States have enacted “dram shop” laws that hold establishments that serve alcohol, like campus bars and restaurants, accountable for overserving patrons. Our Ohio personal injury lawyer will want to know detailed information about all alcohol consumed by the deceased individual and the source of that alcohol.

College is an exciting time for both parents and students. Students are vested with newfound independence that will ideally lead them to become productive members of society. However, along with newfound independence comes the risk of being taken advantage of in new social settings where a young person is trying to fit in and prove themselves. The premature death of any young adult is always a devastating loss for a family, but no less so when it results from senseless hazing.

Common Causes of Wrongful Death

Here are some of the top causes of wrongful death.

Car Accidents

When it comes to wrongful death car accidents are the most common. Due to the number of drivers help often people drive and it is no wonder that there are well over hundreds of car crashes per day. Those crashes lead to thousands of fatalities each year.

The vast majority of car accident fatalities are the result of the beast one driver’s negligence. This could be caused by speeding, reckless driving, distracted driving, or even driving under the influence. In the case of the auto accident occurring due to road issues, the city may be liable for the wrongful death.

Medical Malpractice

The vast majority of doctors and nurses are highly skilled but the truth is they are still human. This means that mistakes do happen. Medical malpractice is often more common than people think. It is often one of the most common causes of wrongful death due to misdiagnosis, failure to diagnose the condition, errors during surgery, and even pharmaceutical errors.

Oftentimes these mistakes occur when medical personnel cut corners, don’t follow the correct procedures, or simply miss something.

As our Ohio wrongful death attorney residents trust from Mishkind Kulwicki Law Co., L.P.A. knows, when an illness goes from bad to worse despite medical intervention, that means something may have gone gravely wrong. What do you do if you suspect that the doctor is to blame for your declining health rather than fate’s roll of the dice? When can you consider an accident or mistake the gross negligence of an incompetent doctor? Continue reading for five ways doctors might cause medical malpractice.

Misdiagnosis

A medical issue that is exacerbated due to a misdiagnosis may be due to numerous reasons. However, not all misdiagnoses could be considered malpractice. Diagnosing a patient requires the patient to not disclose their symptoms and present with symptoms the doctor can reasonably use to correctly diagnose. Doctors are legally held to a standard of care, which asks if their actions were reasonable compared to the practice of a competent doctor in their field. If another doctor would make the same diagnosis with the same information available, it may not be malpractice.

Improper Treatment

You trust your doctor and their extensive medical knowledge to know the correct treatment for your condition, and an improper treatment plan can lead to serious complications or even death. A doctor may also prescribe a drug without considering its interactions with other medication you’re taking. Or perhaps they’ve delayed treatment so long that your condition becomes untreatable. If a doctor diagnoses you correctly but fails to provide the proper treatment, you may have a case for medical malpractice.

Uninformed Consent

Your doctor must help you understand all of the benefits and risks of any test, procedure or treatment they recommend. This process is considered informed consent and while it often requires signing a consent form, you may still be able to sue for medical malpractice. If your doctor neglected to list all of the risks you face with a treatment or procedure, those risks may have led you to make a different decision.

Surgical Mishaps

When most people think of medical malpractice, they think of a surgeon leaving a tool inside a patient’s body or accidentally cutting an organ. Surgical mistakes are one of the easiest malpractice cases to prove because the consequences are apparent very soon after the incident occurs.

Lack of Follow-up

Suppose you’ve been correctly diagnosed and given a proper treatment plan that you’ve consented to, but your doctor is ignoring your calls regarding an abscess that appeared after surgery. Or maybe your doctor never called you about lab results and now you’re in the ER for what the lab results would have diagnosed. A lack of follow-up may also be cause to pursue a medical malpractice suit. Contact our Cleveland wrongful death lawyer today if you suspect you’re the victim of medical negligence.

Accidents at Work

There are occupations with higher risk and those, with a higher risk for a wrongful death claim. People who work dangerous manual labor jobs in construction jobs are often the ones that are at higher risk. However, wrongful death can occur at the office even outside of work if the employer puts an employee in a dangerous situation.

A notable example of an employee being put in danger by the employer is a nurse who was forced to work multiple 12-hour shifts and then ended up in a fatal car accident on the way home due to exhaustion.

Defective Products

If a person dies because of a defective product the manufacturer of the product is held liable. One of the main reasons why manufacturers spend so much time testing products and making sure they are safe is because of this product liability. However, it still does happen in some common examples of wrongful death including defective pharmaceutical products, toxic foods, unsafe products designed for children, and defective automobiles.

When wrongful death happens it is devastating. If you have any questions about what our wrongful death legal team can do for you then don’t hesitate to reach out to tus at Mishkind Kulwicki Law Co., L.P.A. today!

For more information about wrongful death cases, contact our attorneys now to schedule a consultation.

Top 5 Myths Regarding Wrongful Deaths

If you or a loved one is needing legal assistance concerning wrongful death, it may be in your best interest to discuss your situation with our Cleveland, OH wrongful death lawyer as soon as possible

• Wrongful Death is Challenging to Define: What is considered a wrongful death? According to the legal system, wrongful death is intentional or negligent behavior resulting in death by another person. The wrongful acts inflicted by another person may include but are not limited to assault, vehicle accident, manslaughter, or murder.

• Anyone May File a Wrongful Death Lawsuit: This is false. Those close to the deceased person or the estate may file a wrongful death lawsuit against a defendant who has caused the death. Often a family member, the representative of the deceased person acts on their behalf. Each state varies in its laws for wrongful deaths. The state will also dictate who may be eligible to file the lawsuit. However, in every state, the spouse of the deceased may file a wrongful death lawsuit on behalf of their partner. If a minor is killed, their parents may bring wrongful death action. Minors may file and collect compensation for their deceased parent. States vary and disagree over the eligibility of distant family members to file a wrongful death lawsuit. The more distant the family relationship the more difficult it may be to legally prove wrongful death and gain compensation.

• Nobody is Held Liable in a Wrongful Death Lawsuit: This statement is false. The plaintiffs in the claim, typically a spouse, family member, or representative of the deceased’s estate will file a wrongful death claim against the defendant, holding them liable for the death. Proof or evidence needs to be represented to show validity to the claim. Whether the direct or proximate cause of death, the defendant must be shown to have caused the death.

• Damages Incurred Will Not Receive Compensation: The surviving deceased may be eligible to receive compensation for damages incurred. These damages may include the medical treatment costs incurred by the deceased due to injury before death. Funeral and burial costs are considered damages, as well as loss of the deceased’s income, inheritance, and the value of services provided.

• Wrongful Death Lawsuits Are Not Common: Wrongful death lawsuits are quite common and unfortunately occur in this city. Our Cleveland wrongful death lawyer assists in many wrongful death cases. Some of those cases include hazing, car accidents, and medical malpractice. Hazing is defined as the initiation process where a new member of a fraternity or sorority has to prove whether they are worthy of joining the group. Throughout the hazing process, the new member must comply with the group’s instructions and demands. These may include mundane tasks, small pranks, and at times dangerous and deadly acts. If the victim passes away due to injuries sustained in a car accident, there would be grounds for a wrongful death claim by the defendant’s negligence. Medical malpractice may be grounds for filing a wrongful death lawsuit if the doctor fails to provide the level of care needed, or correctly diagnose a fatal condition.

Cleveland Wrongful Death Infographic

Cleveland Wrongful Death Statistics

According to the National Center for Health Statistics, in the United States, there are an estimated 2.4 million wrongful death cases filed each year. This statistic shows the high number of wrongful death cases that occur each year. It is important to note that not all wrongful death cases are successful, but even if a case is not successful, it can still be an important way to hold those responsible for wrongful deaths accountable.

Cleveland Wrongful Death FAQs

Losing a loved one is devastating, especially when their death could have been prevented. When negligence or misconduct is to blame, Ohio law allows families to pursue a wrongful death claim. A Cleveland, OH wrongful death lawyer can help guide you through the legal process while you focus on healing.

What Qualifies As A Wrongful Death Case In Ohio?

A wrongful death case arises when someone dies due to the negligence, recklessness, or intentional act of another person or entity. Common examples include car accidents, medical malpractice, defective products, and workplace incidents. Ohio law permits a wrongful death lawsuit when the deceased would have had a valid personal injury claim if they had survived. These claims are meant to compensate the surviving family members for the impact of the loss. The loss can cover both finances and emotional losses.

Who Has The Legal Right To Bring A Wrongful Death Lawsuit In Cleveland?

In Ohio, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. While this individual acts on behalf of the estate, the damages awarded are distributed to eligible surviving family members such as spouses, children, and parents.

The personal representative is usually named in the decedent’s will, or if none exists, appointed by the probate court. A Cleveland wrongful death lawyer can help the representative meet filing requirements and ensure the rights of all beneficiaries are protected.

What Is The Process Timeline For A Wrongful Death Suit In Ohio?

Wrongful death claims in Ohio generally must be filed within two years of the date of death. The timeline includes several phases: investigation, filing, discovery, negotiation, and possibly trial. Some cases resolve in a few months; others may take a year or longer. During the process, your attorney will gather evidence, consult professionals, negotiate with insurers, and prepare for court if needed. Settlements are often reached before trial, but readiness to litigate strengthens your position. Any records you have that you can provide throughout this process will be very helpful to your case, but your attorney will also conduct an investigation for any documentation you are unable to provide.

Who Represents The Deceased’s Estate In A Wrongful Death Lawsuit?

The personal representative which is often a family member or trusted party is legally responsible for bringing the claim on behalf of the estate. This role includes working with the legal team, gathering documentation, and making decisions during litigation. If no personal representative has been appointed, the probate court can assign one. That is why you should select a representative ahead of time through estate planning so you can ensure it is someone you trust.

How Does Liability Get Established In A Wrongful Death Scenario?

Liability is proven by showing that the defendant owed a duty of care, breached that duty, and caused the death as a result. This often involves gathering police reports, medical records, expert opinions, and witness statements. Depending on the case, there may be multiple liable parties, such as individuals, companies, or institutions. A wrongful death lawyer Cleveland, OH will help identify all sources of responsibility to maximize potential compensation.

Mishkind Kulwicki Law Co., L.P.A. has recovered over $300 million in verdicts and settlements and brings over 80 years of combined experience to complex injury and wrongful death cases.

If you’ve lost a loved one due to negligence, a Cleveland wrongful death lawyer can provide clarity, legal guidance, and compassionate support during one of life’s most difficult moments.

Cleveland Wrongful Death Glossary

When dealing with the sudden loss of a loved one, understanding legal terminology can be essential as you consider your options. Working with our Cleveland, OH wrongful death lawyer can help clarify your rights and determine the next steps. Below, we define several key legal terms and concepts frequently used in wrongful death cases, especially those tied to hazing incidents, medical malpractice, and other tragic events.

Hazing-Related Fatalities

Hazing-related fatalities involve the death of an individual during or following participation in initiation rituals, typically associated with fraternities or sororities. These rituals often escalate to dangerous or unlawful activities, such as forced binge drinking, physical endurance tasks, or psychological abuse. In legal claims involving hazing, the central issue is whether the organization or individuals in control of the event created a situation that led to fatal consequences. Proving such a claim may require collecting campus police reports, EMS documentation, eyewitness accounts, and social media evidence.

Events tied to hazing that involve alcohol often raise questions about responsibility among multiple parties, including student organizations and campus staff. These cases tend to require careful investigation into whether the event was sanctioned by the school or Greek organization and whether the consumption of alcohol played a direct role in the death.

Alcohol Over-Service Liability

This legal concept refers to holding a bar, restaurant, or other licensed establishment responsible for serving alcohol to someone who is visibly intoxicated or underage when that service leads to death. These types of claims fall under Ohio’s “dram shop” laws. A wrongful death action based on over-service might involve a student who attended a fraternity event where alcohol was supplied by a third-party vendor. If it can be shown that the vendor failed to comply with the law and this directly contributed to the death, that vendor may be held legally accountable.

Cases involving over-service often require review of surveillance footage, drink receipts, witness statements, and toxicology reports to determine where the alcohol was obtained and under what circumstances it was consumed.

Medical Misdiagnosis

Medical misdiagnosis occurs when a healthcare provider incorrectly identifies a medical condition or fails to diagnose it altogether, leading to treatment delays or inappropriate care. In wrongful death claims, a misdiagnosis might involve a failure to detect a life-threatening illness or mistaking symptoms for a less severe condition. To qualify as a valid legal claim, it must be shown that another doctor, acting reasonably in similar circumstances, would have correctly diagnosed the condition.

These cases require medical records, testimonies, and possibly autopsy reports to establish that the misdiagnosis directly contributed to the death and that proper diagnosis and treatment would have likely resulted in survival.

Improper Medical Treatment

Improper treatment refers to a scenario where the medical diagnosis is correct, but the course of treatment administered is not appropriate or is executed incorrectly. This may involve prescribing the wrong medication, failing to administer necessary care, or performing surgery that causes harm. In wrongful death cases, improper treatment must be shown to have been a significant factor leading to the person’s death, often with the help of medical witnesses.

Establishing liability for improper treatment involves analyzing medical charts, reviewing consent forms, and comparing the physician’s decisions with standard practices in their field.

Employer-Imposed Risk Conditions

This term refers to workplace situations where employees are subjected to unreasonably hazardous conditions, either during or following their work shifts. An example would be an employer requiring healthcare workers to work extended hours without rest, resulting in fatal accidents on the way home. In these cases, the focus is whether the employer’s demands directly caused an employee to be in a vulnerable state, such as extreme fatigue, that contributed to their death.

Legal analysis often includes reviewing work schedules, employment records, and accident reports to assess whether the employer’s actions placed the employee at undue risk and whether the outcome was foreseeable. Wrongful death claims often involve more than one factor and require extensive investigation to build a clear picture of what happened. If you believe someone’s wrongful or careless actions caused the death of a loved one, you have the right to explore legal options. At Mishkind Kulwicki Law Co., L.P.A., we work to help families in Cleveland seek answers and pursue accountability.

Mishkind Kulwicki Law Co., L.P.A., Cleveland Wrongful Death Lawyer

25550 Chagrin Blvd Suite 245, Cleveland, OH 44122

Contact Our Cleveland Wrongful Death Lawyer Today

Losing a loved one due to another’s negligence or misconduct is a devastating experience that no family should endure alone. Mishkind Kulwicki Law Co., L.P.A. is committed to helping families in Cleveland seek justice and fair compensation through wrongful death claims. Contact us today to schedule a confidential consultation and learn how we can provide compassionate guidance and strong legal advocacy during this difficult time.