You’ve just buried your loved one who was killed in a truck collision and now you aren’t sure what you should do. Going back to work is tough as is living each day without the person you love. Your basic day to day tasks have become a burden and you may not have the strength or energy to get anything done. While it can take some time before you are able to pick yourself back up again, there is one thing we recommend you do now so that justice can be served for the death of your family member and that is, hire a Toledo, OH truck accident attorney.
The reason it is recommended that you hire a truck crash lawyer is because you may be permitted to file a wrongful death lawsuit on their behalf. Not only could this lead to you receiving compensation for things like burial costs along with other expenses you can no longer afford to pay, but it also shows you aren’t willing to let the trucker get away with running the red light. The reality is, had the truck driver been operating their vehicle in the manner in which he/she had been trained to do so, they wouldn’t have run the red light or crashed into your loved one’s vehicle.
So, although money can’t bring your loved one back, at least you are taking the necessary steps to hold the trucker liable for their negligent behavior so hopefully, they don’t engage in the same behavior again.
Here’s what you need to know about filing a wrongful death lawsuit in the state of Ohio.
Wrongful death lawsuits can be filed by the executor of a decedent’s estate when “the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued” [Source: Ohio Code 2125.01]. These types of lawsuits replace personal injury suits as those are filed by the actual victim of the accident. But, given the circumstances and the fact that they aren’t here to file suit on behalf of themselves, the administrator or executor of their estate can then take legal action on their behalf and file the wrongful death lawsuit.
Ohio Code 2125.02 states that “a civil action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of the decedent.” For example, if your spouse was the one was who was killed in the wreck and they were the financial provider for your home, you would likely be entitled to recover damages that would help you to afford the lifestyle you were living prior to his/her death.
Now, something else you will want to keep in mind is that wrongful death settlements do vary in amounts as they are determined on a case by case basis. You also should be aware of the fact that these types of cases can take a significant period of time to settle. That means the quicker you contact a truck crash lawyer, the quicker they are able to initiate your case and begin working toward obtaining an outcome that is in your favor.
So, if you would like to learn more about filing a wrongful death lawsuit or what other forms of action you can take against the trucker, contact Toledo, OH trucking accident attorney Jim Schuller. You can reach Schuller Law Office by calling 419-535-0311 now or you can fill out their free case evaluation on their website to speak with attorney Schuller today.
Schuller Law Office is located at:
5749 Park Center Court
Toledo, OH 43615