The loss of a loved one can create mental, emotional and financial strain for surviving family members. In cases where this loss is associated with the wrongful acts of another individual, a wrongful death claim may be necessary to obtain the compensation to which the survivors are entitled. The process can be complex and may require presentation of the case to more than one court. Securing the services of an experienced law firm can ensure the process is completed correctly and timely.
Wrongful Death Costs and Benefits from Filing a Claim in Ohio
A wrongful death claim can provide payment to the surviviors when a thrid party is responsible for the untimely death. This may include costs related to:
- Medical treatments.
- Funeral costs.
- Lost wages of the deceased.
- Pain and suffering.
- and, other noneconomic damages.
A wrongful death attorney can guide the family of the deceased through the filing and paperwork requirements, any associated hearings, and settlement to help recover fair compensation for their damages.
Paperwork to Prove a Wrongful Death Claim in Cleveland
In order for a victim to initiate a wrongful death claim, some basic evidence is required. A personal injury attorney who has experience carrying out wrongful death lawsuits in Cleveland can help obtain and organize the following documentation:
- Proof of death - a death certificate signed by a coroner will satisfy this requirement.
- and, evidence the death was caused by a wrongful act of another individual - this can include medical documentation, police reports, or witness statements.
Depending on the circumstances, other paperwork may be necessary to prove your loved one's death is related to another's negligence. For example, if related to a slip and fall, an accident report filed afterward may be helpful in establishing the circumstances of the incident. A dog bite or dog attack report from the local animal control office may also prove the cause of the deceased's death. Speak with your attorney about which paperwork is necessary in your case.
Required Paperwork for Filing a Wrongful Death Lawsuit in Cleveland
Once all the required proof is collected and ready to present, the process of filing the paperwork to start the claim is the next step. Your attorney can provide you with the appropriate forms and help you fill out the paperwork.
Some forms you may need in Ohio include:
- Application to Approve Settlement and Distribution of Wrongful Death and Survival Claims.
- and, Waiver and Consent Wrongful Death and Survival Claims.
But other paperwork may be required through the course of a wrongful death claim as well. You'll have to notify the defendant of the wrongful death claim and you may have to take other action which may include:
- paperwork to set up an estate for the deceased, as some of the wrongful death or survival action settlement may go to the estate rather than directly to the beneficiaries; and
- proof of the beneficiary's relationship to the deceased, as only certain individuals may be entitled to recover damages after a loved one's death (spouse, children, parents).
Your attorney can help you with other paperwork and documentation that may be necessary to file your claim or lawsuit and manage any other financial or legal issues related to your loved one's wrongful death. This can help remove some of the burden of pursuing legal action while the family grieves the loss of their loved one.
Ryan, LLP Can Help Recover Compensation
At Ryan, LLP, we specialize in helping families and individuals recover from the loss of a loved one. If you feel your loss and resulting emotional, mental or financial trauma are the result of the negligence or wrongdoing of another person, you may be entitled to compensation. If you need assistance with filing a wrongful death claim in the Cleveland area, we can help. Call us today at 877-864-9495 or contact us using our contact form to schedule an appointment with an attorney who can help.