Wrongful Death Pedestrian Accident Lawyer Columbus, Ohio
Has a loved one died as the result of a pedestrian accident? Let us help you make a case.
When a pedestrian is killed tragically due to the negligence of car, truck, bus, motorcycle or taxi driver, dependents or beneficiaries may be entitled to financial payment due to the damages caused by the negligent act.
Did a loved one involved in a pedestrian accident pass away from their injuries? Get a Free Case Evaluation today.
Oftentimes, children and the elderly are the most common pedestrians to be victims in a pedestrian accident. This is because children are not always aware of their surroundings and older people may be slower passing through crosswalks. According to the National Highway Traffic Safety Administration (NHTSA) and the Insurance Institute for Highway Safety reports from 2010, 72 percent of pedestrian fatalities occurred in urban areas with nearly one half of these occurring on weekends and 70 percent occurring at night. While no amount of monetary recovery can compensate the loss of a loved one in a pedestrian accident wrongful death case, it is important for families, to see legal counsel from 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.
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5 reasons why you need a wrongful death pedestrian 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 pedestrian accident attorney has your best interest in mind and wants to win your family the largest amount of medical and financial compensation.
- A wrongful death pedestrian accident law firm like Erney Law in Columbus, Ohio will fight the insurance company representing the at-fault driver with proof of how much compensation you’re entitled to for the loss of your loved one.
- A highly experienced wrongful death pedestrian accident attorney has the ability to answer any questions you may have and they know how to properly file a legal claim. You will always have someone dedicated to your family’s legal needs with Robert Erney.
- Should your case reach the courtroom, your wrongful death pedestrian 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 pedestrian accident attorney will allow you to focus on grieving with your family rather than spending all your time and resources trying to navigate your way through your case inexperienced and alone.
Proving the elements of fault in a wrongful death pedestrian accident in Columbus, Ohio.
In order to successfully recover compensation from a wrongful death case, you must prove the elements of fault and negligence including:
- Duty of Care
The automobile driver owed a duty of care to the pedestrian in order to obey traffic laws while operating the vehicle safely to avoid causing harm to others on the road.
- Breach of Duty of Care
The automobile driver breached the duty of care because of the negligence or wrong doing, such as failing to stop at a crosswalk or being distracted by texting while driving.
There must be evidence proving that the breach of duty caused the death. In a pedestrian death, the evidence provided must prove that the fatality was a direct result of the accident.
The pedestrian’s surviving family members must suffer financial damages as a result of the wrongful death.
What behaviors by the at-fault driver qualify as a means of wrongful death in a pedestrian accident in Columbus, Ohio?
There are a vast number of scenarios that can contribute to a driver being negligent in a wrongful death pedestrian 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 at a crosswalk.
- 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 pedestrian 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
If injured, we make absolutely sure 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 to ensure the best possible outcome.
Frequently Asked Questions
A member of my family was a pedestrian that was killed 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 a pedestrian 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 a pedestrian 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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