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.

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• Common Causes of Wrongful Death
• Top 5 Myths Regarding Wrongful Deaths
• 5 MYTHS REGARDING WRONGFUL DEATHS INFOGRAPHIC
• Cleveland Wrongful Death Statistics

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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

1. 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.

2. Anyone May File a Wrongful Death Lawsuit

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.

3. 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.

4. 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.

5. Wrongful Death Lawsuits Are Not Common

Contrarily, 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.

5 MYTHS REGARDING WRONGFUL DEATHS INFOGRAPHIC

 

 

If you or a loved one needs more information regarding wrongful death lawsuits, reach out to our Cleveland wrongful death lawyer who is willing and able to help!

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.

Understanding Ohio’s Wrongful Death Laws

Our Cleveland, OH wrongful death lawyer fully understands that the tragic and sudden loss of a loved one is a painfully heart-wrenching experience. When the death is the result of another party’s negligence or misconduct, the pain is compounded by anger and the quest for justice. For families in such situations, understanding Ohio’s wrongful death laws becomes imperative. Here, we delve deep into these laws to offer clarity and guidance.

Fundamentals Of A Wrongful Death Claim In Ohio

Ohio’s wrongful death statute, found in the Ohio Revised Code Section 2125.01, defines wrongful death as one that is caused by the wrongful act, neglect, or default of another. This could range from car accidents due to negligent driving, medical malpractice, or even intentional acts like assault. These laws are designed to provide compensation to the deceased’s family members for their losses, including emotional and financial sufferings.

A key element to understand is that wrongful death claims are civil lawsuits. This means they are separate from criminal cases which may be filed by the state. Thus, even if the responsible party is acquitted in a criminal trial, a wrongful death lawsuit may still be pursued.

Who Can File And What Can Be Recovered

In Ohio, the deceased person’s estate representative is the one who files the wrongful death claim. However, the compensation recovered is distributed among the surviving family members, such as the spouse, children, or parents. It’s crucial to note that the damages are not awarded to the estate but directly to these family members.

The damages in a wrongful death claim can be categorized into economic and non-economic damages. Economic damages include the loss of the deceased’s potential earnings, funeral and burial expenses, and any medical expenses incurred before death. On the other hand, non-economic damages encompass the pain and suffering of the surviving family members, loss of consortium, guidance, care, and more.

Statute Of Limitations And Other Considerations

Like all legal claims, wrongful death lawsuits come with a time limit known as the statute of limitations. In Ohio, families have two years from the date of death to file their claim. If this deadline is missed, the right to seek compensation might be permanently lost. There are some exceptions, and nuances to this rule, so it is essential to consult with our knowledgeable Cleveland wrongful death lawyers to make sure you are taking timely action.

Additionally, in some cases, there may be caps or limits on the amount of compensation that can be awarded, especially in medical malpractice cases. Given the challenges surrounding these cases, having our legal professional to guide through the details is invaluable.

How Mishkind Kulwicki Law Co., L.P.A. Can Assist

Losing a loved one is an unimaginably painful ordeal. Seeking justice and navigating the legal pathways shouldn’t add to this burden. If you believe your loved one’s death was due to the negligence or wrongdoing of another, it’s essential to engage with our dedicated lawyer. With our experience and compassion, we can help make sure you get the justice and compensation you and your family deserve. Remember, while no amount of compensation can replace your loved one, it can help ease the financial strain and provide some closure.

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.

If your family has suffered a tragic loss, reach out today to speak with our Cleveland wrongful death lawyers. We’re here to discuss your case and help determine your legal path forward.

Seeking Justice And Closure

For families in Ohio grappling with such a painful loss, understanding your rights and the legal avenues available is the first step towards healing. If you’re in this situation, consider reaching out to our Cleveland wrongful death lawyer today. Our experience can be your beacon during these challenging times, making sure your loved one’s memory is honored through justice.