After a loved one’s untimely death, many grieving relatives or even friends will wonder if legal action is an option. Nothing can bring back your family member, but speaking with an accidental death lawyer can at least provide some answers.
Wrongful death attorneys understand the laws concerning accidental death litigation. When you need answers following a family member’s death, you need an accidental death lawyer.
You need someone who understands and can guide you through all the confusing and difficult decisions and steps that come next.
Among the most important questions an accidental death lawyer can help answer is just what exactly constitutes an “accidental” death.
Does Being Murdered Count As Accidental Death?
Although it may sound odd, family members of a murder victim may file a wrongful death lawsuit. This is because murder, while perhaps intentional on the part of the attacker, was unintended by the victim.
In Ohio, an accidental death lawyer could argue that someone who commits murder is liable for accidental death recovery.
This is because of the definition given in Ohio’s Rev. Code §2125.01 (2021). That code describes accidental death as including acts which victims could’ve filed personal injury suits for if they’d survived.
Understanding the intricacies of the law in this way is exactly why you should consult with a wrongful death lawyer. There is no justice for your loved one in simply letting things “slide” after an untimely death.
What Are Some Examples of Accidental Death?
Accidental death is a broad and uncomfortable subject, but one which needs to be understood. You should consult with an accidental death lawyer in cases of:
- Suspected medical malpractice.
- A slip or fall resulting in death.
- A vehicle, boat or airplane crash resulting in death.
- An injury from faulty machinery which causes death.
Of course, this list isn’t exhaustive; there may be many other examples of deaths that just seem odd or wrong.
There is no shame in simply seeking answers, and that’s exactly what an accidental death lawyer is there for.
Can You Sue Someone For An Accidental Death?
Yes, you can retain an accidental death lawyer to file a lawsuit under certain specific conditions. For example, Ohio law allows for a deceased person’s personal representative to sue on their behalf.
How do you know if you’re a “personal representative” of the loved one who passed? This legal designation is generally reserved for an immediate family member (like a spouse, child or parent). A personal representative could also have been named in the loved one’s will before they passed away.
Sometimes there’s no obvious personal representative, in which case the accidental death lawyer asks the probate court to assign someone. This person would then be named “administrator” and could file suit on the deceased’s behalf.
Lastly, sometimes non-immediate family members can retain accidental death lawyers to file suit on behalf of a lost loved one. In this case they must first give testimony in court establishing their standing to sue based on loss from the death.
One more condition that an accidental death lawyer will explain during your consultation is that lawsuits have a time limit. Accidental death lawsuits can be filed in Ohio up to two years after the victim’s death. After that it would be very hard to convince a court to accept a suit.
You’re not alone. There’s an accidental death lawyer waiting to meet with you!
Kevin Sandel is the accidental death lawyer you need fighting for you and your loved one. Wrongful death is one of his specialties, and he has the insider knowledge to get you the justice you deserve.
Having worked for an insurance company before becoming a champion of the injured and bereaved, Kevin knows all the tricks. He knows what insurance companies will try to get away with in court and he’s ready to fight for justice.
Do you need an accidental death lawyer who will fight for you? Then contact The Sandel Law Firm right now for a free consultation.