Wrongful Death Car Accident Lawyer Columbus, Ohio
Has a loved one died as the result of a fatal car accident? Establishing liability & causation are crucial. We are experienced and can help you get justice.
When a person has been killed in an auto accident due to the negligence or misconduct of someone else, the surviving dependents or beneficiaries may be entitled to financial payment for the damages caused by the wrongful death.
Did a loved one involved in a car accident pass away from their injuries? Get a Free Case Evaluation today.
While no amount of money can compensate the loss of a loved one, many times families do not pursue legal action to recover from the many other expenses that can occur such as funeral expenses, loss of income or general damages. An experienced wrongful death attorney understands the different sources of recovery available and can work with the insurance company and parties involved to see that you receive the recovery you deserve. In order for an auto accident wrongful death claim to be successful, there must be ample proof that the driver was at fault for negligence or misconduct. Robert D. Erney has successfully represented clients who have lost a loved one in an auto accident caused due to a negligent driver and will do the same for your family.
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5 reasons why you need a wrongful death car accident lawyer in Columbus, Ohio.
- The insurance company representing the person at fault want to offer you as little compensation as possible. A wrongful death auto accident law firm like Erney Law in Columbus, Ohio has your best interest in mind and wants to earn your family the highest amount of medical and financial compensation as possible.
- A wrongful death auto accident attorney will fight the insurance companies with proof of how much compensation you’re entitled to for the loss of your loved one.
- An experienced wrongful death auto accident attorney has the ability to answer any questions you may have at any time, they know how to properly file a legal claim, and you’ll have someone dedicated to your family’s legal needs.
- Should your case reach the courtroom, your wrongful death auto accident attorney will serve as your loved ones representation, they know all the facts about your case, and will be better equipped to favorably speak to the jury on your loved ones behalf.
- Your wrongful death auto accident attorney will allow you to focus on your grieving process rather than spending all your time and resources trying to navigate your way through your case inexperienced and alone.
What is the difference between a wrongful death auto accident vs. an accidental death auto accident in Columbus, Ohio?
There is a difference between wrongful death by auto accident and accidental death by auto accident. The difference is, in the event of an auto accident resulting in death is classified as an accident, no party shall be held responsible, therefore no legal right to pursue a claim. However, if the same accident occurs at the hand of a negligent driver, and death is the result, the accident would be considered a wrongful death and would warrant the right to pursue a wrongful death claim against the negligent driver.
What behaviors by the at-fault driver qualify as a means of wrongful death in Columbus, Ohio?
There are a vast number of scenarios that can contribute to a driver being negligent in a wrongful death auto accident. Here is a list of the most common attributes of a negligent driver:
- Failing to obey traffic laws such as speeding, running stop signs or traffic signals, or failing to yield.
- Failing to be alert while behind the wheel. Distracted driving is increasing with today’s added technology at our fingertips.
- Failure to control of their automobile such as swerving, slamming on the breaks and sliding into an intersection, or driving off the road.
- Failure to operate a motor vehicle while sober such as drunk driving, driving while on medication, or driving while drowsy.
- Failure to use the vehicles safety equipment properly such as failing to use the vehicles signal when changing lanes, dimming high beams, and operating a vehicle with broken headlights or brake lights.
Who can be compensated for a wrongful death auto accident in Columbus, Ohio?
The spouse or life partner has the right to seek compensation for the loss of their companions life including lost wages, hospital bills, funeral services and burial expenses, mental grievances, and more.
The decedent’s financially dependent children have the right to sue for the loss of a parent.
Parents of a single, unmarried decedent have the right to file a claim if they have provided their parents with at least 50% of their financial support.
What's the process?
Personal injury cases can be complicated and not always guaranteed. Our process ensures that every client we represent will receive the best possible financial outcome, and start the healing process.
Free Case Evaluation
We will first review your case carefully, get to know you, and gain an understanding of your injuries.
Monitor Your Care
We ensure you are receiving the proper medical treatment during this difficult time.
We Handle Everything
We will relieve the worry and burden of dealing with the insurance companies and maximize your financial recovery.
Frequently Asked Questions
A member of my family was killed in an auto accident as a result of someone else’s fault. What are my rights?
The first hurdle is liability. Can it be proven that it was someone else’s fault? The second hurdle is causation. Can it be proven that your family member died as a result of the injuries he or she suffered in the accident? The third hurdle is insurance coverage. Does the at – fault party have automobile insurance? If all of these hurdles are met, an estate needs to be set up for the deceased person and someone needs to be the Administrator. If the deceased person had a will, then the Executor will be in charge of the estate. Only the Administrator or Executor has the power to bring a wrongful death lawsuit against the at – fault party. The beneficiaries of the estate share in the financial recovery.
Do I have to go to probate court when an auto accident wrongful death case is settled?
In Ohio, the answer is yes. The settlement and distribution of the settlement must be approved by the probate court the estate was established in.
Do I have to pay taxes on an auto accident wrongful death settlement?
No, the proceeds of a wrongful death settlement are not taxable.
Free Case Evaluation
We're eager to meet with you, see how we can help and give you and your family the personal attention you deserve.
Your case matters to us, just as much as it matters to you. We want to help you every step of the way, but in order to do so, we need to meet with you, get all the facts, and work out the details in order to build your case. We will meet with you for absolutely free, and explain to you in full detail the inner workings of how these situations usually end up, how likely you are to win your case, and how compensation works for you and for us.
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