We’ll make things right when you’ve been a victim as a result of another's negligence. We have been protecting the rights of injured people for over 40 years.
Our practice is limited to the representation of people, not insurance companies. Our years of experience make us a serious force, widely respected by insurance companies. The result is the ability to obtain top dollar settlements for our clients. We can help if you or someone you love is a victim due to:
- Wrongful Death
- Slip & Fall Injury
- Dog Bites
- Medical Malpractice
- Nursing Home Abuse
- Defective Products
Wrongful Death Ohio
Accidental & Criminal
This is not a topic we are comfortable with at any time. But in some circumstances it has to be discussed. It is never pleasant, but if you have had a loved one who has died because of someone else's neglect or carelessness, you may be entitled to compensation.
Some of the more common wrongful death cases are motor vehicle accidents, medical malpractice, workplace accidents, defective products and criminal or intentional acts.
Usually the person causing the death is liable to the heirs of the deceased, but since homeowners or automotive liability insurance policies do not afford coverage for intentional or criminal acts, insurance coverage may not be available to afford compensation for the wrongful death. If the defendant is indigent and there are no assets against which to make a recovery, the victims family can apply to the Victim of Crimes Assistance Program with the State of Ohio for some limited compensation for the wrongful death. The exception to no coverage is where the wrongful death is due to an accidental death of another such as a gun going off accidentally causing the death of another or death resulting from a traffic accident as a result of the negligence of one of the drivers. If the defendant had an auto policy or a homeowners policy in force at the time of the wrongful death, it could be covered if it is shown that the death was accidental rather than intentional.
As mentioned above, if the defendant is indigent and has no assets or no job where his or her wages could be garnished, recovery is very doubtful. Also, since the wrongful death is a crime, the defendant will in all likelihood be imprisoned for a very long time.
That being said, there are cases where heirs are compensated for the wrongful shooting death by a police officer which is another topic in itself. So this is an exception to the general rule where death caused by an intentional act results in a recovery because the defendant is an incorporated city rather than an indigent defendant who has no assets from which to satisfy the judgment. In many of these situations, there is liability, but no assets from which to recover. In general, a judgment against a defendant for the death as a result of an intentional act is not dischargeable in bankruptcy. An award for an accidental death may be dischargeable in bankruptcy, but this should be confirmed by consultation with a bankruptcy attorney. In general, if the action that caused the death was something serious like a DUI, intentional act, etc., it may be possible to have it rendered non-dischargeable. However, it is necessary to file an adversary action in the defendant's bankruptcy and have the bankruptcy judge agree that it is non-dischargeable.
Ohio wrongful death cases are somewhat complicated so you need an experienced law firm to help you understand the wrongful death statue and which heirs under the statue are entitled to compensation and who is entitled to bring the wrongful death action on behalf of the heirs. You want a law firm that can determine if your case has merit for a recovery for your loss of a loved one. You want a law firm that is well respected in the Ohio court system, well respected with the insurance companies and the medical profession. The Eshelman Legal Group is that law firm. The Eshelman Legal Group knows Ohio wrongful death laws because they have handled many wrongful death cases over the years.
We have been practicing personal injury in Ohio for over 40 years. We know what has to be done to represent you and your family. We know Ohio time limits and what information needs to be presented. If you have had a loved one who has been the victim of wrongful death, do not speak with the insurance companies, or any party involved such as an employer, doctor, or anyone else until you speak with an experienced personal injury attorney.
Under the wrongful death statute, the surviving spouse, children, parents, grandparents, brothers and sisters all may be entitled to compensation under the wrongful death statute depending on the circumstances of the heirs and how the probate court decides to allocate the settlement funds in a separate probate hearing at a later date. Of course, if the heirs can agree upon how the funds are to be distributed amongst themselves, the court normally will approve the agreement if the judge finds the allocations to be fair to the surviving spouse and children and all the other heirs. Suffice it to say, the probate judge has the ultimate say as to how the settlement funds will be distributed although he considers the financial circumstances of all the heirs in making his final decision.
The Eshelman Legal Group
The Eshelman Legal Group will help gather and sort all the details that are needed within the laws of Ohio. We will fight for you and your loved ones to get the best possible settlement you are entitled to. We know what information needs to be gathered. We know the time limits for wrongful death cases. We know how to deal with the insurance companies, the doctors and the court system. We have the experience with these types of complicated and difficult cases because we have handled many wrongful death cases successfully over the years.
We will help you understand every detail of your wrongful death claim. We understand that you will be very busy with grief and trying to put your life and possibly many other lives back together. It is a very trying time. You need a strong legal team to stand up for you and your family. The Eshelman Legal Group has helped many families in their time of great sorrow. We know that the best possible settlement for you and your family is an absolute necessity. We will fight to get the very last dollar for you and your family.
When To Get Help
If your loved one was a victim of a wrongful death, contact the Eshelman Legal Group by phone 1-800-365-0001 or through our secure website’s contact form, EshelmanLegalGroup.com, to set up your free, confidential, consultation. Please be sure to act immediately to obtain legal advice because delay only works to your disadvantage and to the advantage of the defendant. If there is a dispute as to which party was at fault for the wrongful death it is even more important to get legal representation immediately because time is of the essence in preserving critical evidence and getting statements from witnesses to the wrongful death. Further, that you will not lose your case for failure to act within the time period of the statute of limitations. Remember, we do not get paid unless we get money for you.