If a loved one recently passed away due to the negligence of another person or entity, you may be feeling alone, overwhelmed, and most of all, angry. These are all perfectly normal emotions to be feeling. However, they will not help you right the wrong: What will, is a wrongful death lawsuit.
After the death of a loved one, surviving family members in Ohio have two legal options for keeping negligent parties accountable: survivorship claims and wrongful death lawsuits. The key difference between the two is that the deceased person’s estate recovers any damages for a survivorship claim and a survivorship claim can include punitive damages. By contrast, the surviving heirs recover compensation for a wrongful death claim, which cannot include punitive damages.
The law additionally specifies that wrongful death claims are available if the deceased would have been able to maintain an action and recover damages if death had not occurred.
In Ohio, the person who is named as the family representative of the deceased individual’s estate is the party that must file the action. The personal representative may either be designated in the deceased individual’s will or may be appointed by the probate court.
In order to bring a wrongful death lawsuit, you must prove four elements to be true. Those include:
Whether you are the surviving heir of a deceased individual or an interested party, and if you believe that the deceased was the victim of wrongful death, call the wrongful death attorneys at The VanNoy Firm to discuss your legal options. Keep in mind that you only have a limited period of time to file, so do not hesitate and contact our office today.
Our premier Dayton attorneys work diligently to defend our clients’ rights with aggressive and individualized legal representation.
Kristie L. Gotwald, Esq. handled my case in a professional manner. I appreciated her persistence to get the best results for my case. I never had any issues getting in contact with her, and she always responded in a timely manner. I highly recommend her!
Wonderful people! Gets the job done.
Attorney Gotwald is very professional, really listens to you and responds promptly to questions/ concerns.
Anthony VanNoy is hands down the best attorney in the Dayton area! Has handled several things for my family & always gets the best outcome. Will definitely fight for you.
Great staff and amazing defense team I'd recommend them all 10/10.
He listens to the problem.
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If you’re looking for an awesome Attorney I highly recommend The VanNoy Law Firm. Anthony VanNoy did an awesome job representing my father. He is very professional, knowledgeable and a great individual. Everybody is kind, friendly, and welcoming at the firm. More importantly, he loves God and is a man of integrity this shows in the way he fights for what’s right for his clients. Thank you, I’m forever grateful!
VanNoy’s firm has helped my family and loved ones Tremendously. Special Thanks to Patricia Wilkerson, her determination and, Thoughtfulness has helped my family with a few cases. She goes above and beyond to help her clients. I Put Faith in the VanNoy team and they have yet to let me down! I highly recommend the VanNoys firm. If you need any legal advice don’t hesitate to call them. I recommend them. And I assure you, you won’t be disappointed.. Continue to let God use You All.. Stay blessed ✨
I have nothing bad at all to say about this man from the beginning to the end of my case the way he handled himself was very laid back soft-spoken but Is heard when he speak very professional and take the time to talk to you and explain things so that you understand I pray I’ll never need another lawyer but if I do it will be Mr. VanNoy once again thanks for your help.
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