Wrongful Death Lawyer Columbus, OH

When a loved one has passed away as a result of negligence, our Columbus, OH wrongful death lawyer knows that it can be hard to come to grips with the fact that they are truly gone. Especially in instances of wrongful death, it is a struggle to realize that your loved one was taken away too soon and that they could have still had a full, beautiful life ahead of them. If you are hoping to file a claim for your loved one’s wrongful death, our team at Brenner Hubble LLC knows that a natural question you may be asking is this: how in the world can someone place a monetary value on a wrongful death claim? Managing these challenges is why you need our attorney by your side.  

Determining the Value of Wrongful Death

It can seem harsh when you are trying to put a value on a person’s life and the amount of suffering that they endured before passing. However, if you are a close loved one of someone who passed away as a result of wrongful death, you do have the right to file a wrongful death claim. Determining damages can sometimes be difficult, but our Columbus wrongful death attorney can use our knowledge and experience to figure out an appropriate number. 

• Lost earnings. This is based on the earnings your loved one made and projected future earnings. If you are a spouse, child, or close family member who relied on these earnings, it is especially important that you fight for these damages. 

• Loss of guidance. Many things fit into this type of category and can include loss of consortium, companionship, guidance, protection, and counsel. This is especially important if the person who died left children behind. 

• Funeral and burial costs. These are likely the easiest types of damages to calculate because you could provide an exact number regarding what kinds of expenses you had for your loved one’s funeral and burial. 

• Mental anguish. This is given based on the mental anguish experienced by the decedent’s remaining close family members, like a spouse, children, or parents.

Emotional Aspect of Winning a Claim 

There’s no amount of compensation that can heal your heart after you have lost a loved one too soon from a wrongful death. While this may not bring you the comfort you need following a loss like this, you may have some amount of stress relieved. Compensation from a wrongful death claim can relieve the financial burdens you may experience following your loved one’s passing and can help you focus on coming to terms with what happened and bringing the other party to justice.

Who To Go To After a Tragedy

When you need to speak with a lawyer about your loved one’s wrongful death, reach out to our team at Brenner Hubble LLC to see how we can help you. We understand that this is an incredibly difficult time for you and your loved one, so it is essential that you get the help you need. Call now to speak with our Columbus wrongful death lawyers today.

 

Moving Forward After A Loss

We know how overwhelming it can feel to make legal decisions after losing a loved one. Attorneys Adam J. Hubble and Todd Brenner are here to help families take the necessary steps to hold those responsible accountable. If you have questions or want to discuss your options, we’re available to provide guidance. Contact us today to schedule a free case evaluation.

Wrongful Death Infographic

 

Columbus Wrongful Death Statistics

According to the Centers for Disease Control and Prevention (CDC), more than 200,000 people are killed in the U.S. each year due to accidental injury. In fact, it has now been classified as the number four leading cause of death. One of the most common of these incidents is vehicle accidents, which claim the lives of more than 45,000 people every year.

Families of victims killed in incidents caused by other parties’ negligence may be able to pursue legal action. Call our office today to speak with our Columbus wrongful death lawyer.

Wrongful Death Vs. Survival Action

Our personal injury attorney can help you understand the ins and outs of your case – and with over 25 years of experience, our team is ready to get you started. To keep you informed, let’s shed some light on wrongful deaths and survival actions.

Wrongful Death Explained

Wrongful death claims are civil actions that seek to provide compensation for the relatives of a deceased individual. These claims are designed to cover the financial and emotional impact of losing a loved one who contributed economically and emotionally to their family. The damages recovered can include loss of income, loss of companionship, and emotional distress experienced by the surviving family members. It’s essentially about compensating the family for their own losses resulting from their loved one’s death.

What Is A Survival Action

On the other hand, survival actions are a continuation of claims that the deceased could have pursued if they had survived. This type of action is taken on behalf of the deceased’s estate, rather than the family members themselves. For instance, if the deceased endured pain and suffering, incurred medical expenses, or faced other losses from the time of injury to the time of death, these can be claimed through a survival action. The compensation recovered through a survival action is then distributed according to the deceased’s will or, if there is no will, according to state intestacy laws.

Key Differences

The main difference between a wrongful death claim and a survival action lies in whose interests are represented and what damages are recoverable. Wrongful death claims focus on the losses suffered by the surviving family members due to the death of their loved one. In contrast, survival actions focus on the losses suffered by the deceased from the time of their injury until their death. Importantly, survival actions include damages for pain and suffering endured by the deceased prior to death, something typically not covered under wrongful death statutes.

Another difference is in the types of damages awarded. Wrongful death settlements might include compensation for funeral and burial costs, lost wages that would have been earned by the deceased, and the loss of companionship and guidance. Survival actions, however, may recover costs associated with medical treatment prior to death, lost wages from the time of injury to the time of death, and compensation for the deceased’s pain and suffering during that period.

Legal Considerations

Both types of claims have specific statutory requirements and limitations that vary by state. For instance, there are often different statutes of limitations that apply to wrongful death and survival actions, dictating how long after the incident these claims can be filed. This underscores the need for timely legal advice and action from our personal injury lawyer if you decide to pursue compensation.

How We Can Help

We understand how challenging and overwhelming it can be to deal with the aftermath of a loved one’s untimely death. We strive to provide compassionate and comprehensive legal support to help our clients achieve the justice and compensation they deserve. Get in touch with us today, and see how a wrongful death lawyer from our office can help.

What To Do After A Suspected Wrongful Death

Our Columbus, OH wrongful death lawyer can help you find your next steps after the loss of a loved one. We’ve helped major clients ranging from Mutual of Omaha to Walmart. Now, it’s time to use our experience to help you. Take a look at what you should do when you suspect a wrongful death:

1. Obtain The Official Death Certificate

The first practical step in dealing with a suspected wrongful death is to obtain the official death certificate. This document will provide key details about the cause of death, which is necessary for pursuing any subsequent legal actions. It’s typically issued by a medical professional and can be obtained through the local health department.

2. Request An Autopsy

If the cause of death is unclear or if you suspect that negligence played a role, requesting an autopsy can be critical. An autopsy can provide conclusive evidence about the cause of death, which is essential for legal proceedings. You may need to discuss this step with medical authorities or a coroner to understand the process and implications fully.

3. Preserve Evidence

Preserving evidence is crucial in wrongful death cases. This includes keeping personal items, medical records, and any documentation related to the incident. If the death occurred in a public place or involved a commercial entity, securing video surveillance footage or witness statements can also be invaluable.

4. Document Your Relationship And Impact

Documenting your relationship with the deceased and how their loss has impacted your life is also vital. This includes gathering financial records that show the deceased’s contribution to the household, as well as personal accounts that illustrate your emotional suffering. These details are important for establishing a connection between your loss and the alleged negligence.

5. Limit Communication With Potential Defendants

While it might be tempting to seek answers directly from those you believe are responsible, it’s advisable to limit direct communication with potential defendants or their representatives. Anything you say could potentially affect your legal rights or be used against you in future proceedings.

6. Get Legal Advice

Consulting with our Ohio wrongful death attorney can provide you with a clearer understanding of your rights and the legal avenues available. Our personal injury lawyer can offer guidance tailored to the specifics of your case, help you through the legal system, and advocate on your behalf.

7. Take Care Of Yourself And Family

In the midst of legal proceedings, it’s important to also take care of your emotional and physical well-being. Grief counseling and support groups can be invaluable resources for you and your family during this difficult time. Remember, taking care of your mental health is just as important as addressing legal concerns.

Contact Us Today

If you suspect that a wrongful death has occurred, taking the right steps can significantly impact your ability to cope with the loss and seek justice. At Brenner Hubble LLC we are committed to supporting families during these challenging times. We encourage you to reach out to us to discuss how we can assist you in taking action and working towards a resolution that honors the memory of your loved one. Contact us today, and see how our Columbus wrongful death lawyers can help.

Wrongful Death FAQs

Losing a loved one is always difficult, but our Columbus, OH wrongful death lawyer can help you get closure and compensation.

We draw on our over 40 years of combined legal experience (including personal injury, car accidents and wrongful death claims) to give our clients the best information possible before getting started with our team. Read on to get answers to commonly-asked questions, and contact us today to get started on your case.

What Constitutes A Wrongful Death Claim?

A wrongful death claim arises when a person dies because of another party’s negligent or intentional actions. Examples of wrongful death include car crashes, motorcycle wrecks, trucking accidents, premise liability accidents, and more. This type of claim seeks compensation for the financial and emotional losses suffered by the family of the deceased. These losses can include funeral expenses, lost income, and the loss of companionship. For a case to proceed, it must be shown that the person or entity responsible for the death had a duty of care, breached that duty, and caused the harm that led to the fatality.

What Is The Difference Between Wrongful Death And Negligence?

Negligence refers to the careless actions or inactions of a person or entity that cause harm to another. Wrongful death is a specific type of claim that results from negligence but involves the loss of life. For example, if a driver operates their vehicle recklessly and causes a fatal car accident, the driver’s negligence forms the basis for a wrongful death case. In short, wrongful death claims use negligence as one of the legal grounds to seek compensation for surviving family members.

How Does A Wrongful Death Claim Differ From A Survival Action?

Although both types of legal actions can arise after a fatality, they address different aspects of the situation. A survival action allows the deceased person’s estate to recover damages the individual could have pursued if they had survived. This might include medical bills, pain, and suffering incurred before death.

In contrast, a wrongful death claim focuses on the impact of the loss on the deceased person’s family, such as the loss of financial support and emotional companionship.

Who Is Eligible To File A Claim For Wrongful Death?

Eligibility to file a claim varies by state, but in most cases, immediate family members, such as a spouse, children, or parents of the deceased, can bring a wrongful death action. In some situations, other relatives or individuals who were financially dependent on the deceased may also have standing to file. Our Columbus personal injury lawyer can help you determine your eligibility.

What Are Common Causes Leading To Wrongful Death Claims?

Wrongful death claims can stem from a variety of incidents. Common causes include car and truck accidents, medical malpractice, workplace accidents, and defective products. Other causes might involve intentional acts, such as physical assault. Each case requires a thorough investigation to determine the circumstances that led to the loss and to identify the party or parties responsible.

Columbus Wrongful Death Glossary

At Brenner Hubble LLC, we know the heartbreak of losing a loved one is immeasurable, especially when their death could have been prevented. As wrongful death lawyers serving Columbus, OH, we help families pursue justice and compensation for their loss. To assist you in understanding the legal process, we’ve outlined some key terms below.

Wrongful Death Claim

A wrongful death claim is a legal action filed by the surviving family members of an individual who died due to someone else’s negligence or misconduct. This type of claim seeks to compensate for financial and emotional losses experienced by the deceased’s loved ones, such as lost income, funeral expenses, and the loss of companionship.

For example, if a distracted driver causes a fatal truck accident, the surviving spouse and children may file a wrongful death claim to recover damages. We handle these cases with compassion, so that families feel supported throughout the process.

Survival Action

A survival action focuses on the claims the deceased could have pursued if they had survived the injury. These claims are brought on behalf of the deceased’s estate and may include compensation for pain and suffering, medical expenses, and lost wages incurred from the time of the injury to the time of death.

For instance, if a worker sustains a fatal injury due to unsafe conditions, a survival action may be filed to recover damages for the suffering endured before death. This action helps provide a sense of closure and justice for the estate and family members.

Loss Of Consortium

Loss of consortium refers to the non-economic damages suffered by a surviving spouse or family members. This includes the loss of companionship, affection, guidance, and emotional support that the deceased provided.

Consider a family where a parent was a source of wisdom and care for their children. Their absence leaves an emotional void that no compensation can fully address, but a claim for loss of consortium can provide financial acknowledgment of this significant loss.

Negligence

Negligence occurs when someone fails to exercise reasonable care, leading to harm or injury. In wrongful death cases, proving negligence involves showing that the responsible party breached a duty of care owed to the deceased and that this breach directly caused the fatality.

For example, a property owner who neglects to repair hazardous conditions may be found negligent if those conditions result in a fatal accident. Our team carefully investigates such cases, using evidence to build a strong argument for liability.

Pecuniary Damages

Pecuniary damages are financial losses resulting from a wrongful death. These include lost wages, medical expenses, funeral costs, and the value of future financial support the deceased would have provided.

For example, if a family breadwinner is killed in a workplace accident, pecuniary damages aim to replace the financial stability they would have continued to offer. These damages help surviving family members move forward without financial ruin.

Our personal injury law firm has a track record of recovering damages for personal injury victims and we are committed to helping families find justice after the wrongful death of a loved one. With over 25 years of experience and recognition as one of Ohio’s Top 100 Personal Injury Attorneys, Todd Brenner offers the insight and advocacy you need. Contact us today.

 

Recoverable Damages In a Wrongful Death Case

Losing a loved one can be overwhelming, especially when their passing was unexpected. We recognize how important it is for families in Columbus, OH, to understand the damages they may be able to recover when pursuing a wrongful death claim. This glossary is designed to explain essential terms you may encounter during the valuation process.

Lost Earnings

Lost earnings refer to the income a deceased individual would have earned had they lived. In wrongful death claims, this figure considers the person’s current salary, potential future raises, promotions, and benefits. Calculating lost earnings can also involve evaluating the deceased’s profession, work history, and life expectancy. The purpose of this figure is to help family members, particularly those financially dependent on the deceased, regain the financial stability they may have lost. For example, if a primary wage earner passes away, their spouse or children may recover compensation to account for the projected income the deceased would have provided.

Loss Of Guidance

Loss of guidance refers to the emotional and developmental support the deceased would have provided to their loved ones, especially children. This includes advice, teaching, moral support, and care that family members relied upon. In cases where a parent passes away, their children may lose essential life lessons, encouragement, and emotional backing. Courts acknowledge that such losses, though intangible, significantly impact the survivors. Compensation aims to address this void, helping family members cope with the absence of mentorship and parental care.

Funeral And Burial Costs

Funeral and burial costs cover the necessary expenses related to laying a loved one to rest. These include charges for the funeral service, casket or urn, burial plot, headstone, transportation, and related arrangements. Providing receipts or documentation of these expenses is typically straightforward, making it one of the more concrete components of a wrongful death claim. Recovering these costs can ease the financial strain of planning and conducting funeral services, allowing families to focus on honoring their loved one’s memory without added financial worry.

Mental Anguish

Mental anguish refers to the emotional suffering experienced by family members following the death of a loved one. This includes feelings of grief, sadness, anxiety, and distress that significantly affect one’s daily life. While no amount of money can truly compensate for emotional pain, courts recognize that survivors deserve acknowledgment of their mental suffering. Psychological evaluations, personal statements, and testimony from friends or counselors may be used to demonstrate the extent of the anguish. Compensation for mental anguish aims to support survivors as they work toward emotional recovery.

Survival Action

A survival action is a legal claim pursued on behalf of the deceased person’s estate to recover damages the individual could have sought if they had survived the incident that led to their death. This differs from a wrongful death claim, which focuses on the survivors’ losses. Survival actions may cover medical expenses, lost wages from the time of injury until death, and pain and suffering endured by the deceased. Any compensation awarded through a survival action typically goes to the estate and is distributed according to the deceased’s will or state laws. This legal avenue makes sure that harm experienced by the deceased before passing is rightfully addressed.

If you’ve lost a loved one and have questions about your options, we’re here to guide you through the process. Contact Brenner Hubble LLC today to speak with our Columbus, OH wrongful death lawyer who can help you take the next step.

Brenner Hubble LLC, Columbus Wrongful Death Lawyer

338 S High St, Columbus, OH 43215

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