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.
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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.
I couldn't be happier with the outcome of my case. From the first time I met with my team to our last interaction, I always felt like I wasn't a number or a case, I was a person. The whole team was professional, responsive to my calls and concerns, and fought for the outcome I deserved. They even sent me an Ele cupcake for my birthday. I recommend this firm to everyone I know and will return if I ever need services in the future!
I am giving this firm a five-star rating for two reasons. First is the professional way in which I was treated. Every person I spoke with at this firm was professional and extremely courteous. I felt as though I was being treated as a natural person and NOT just a client. In many professional settings, clients are treated as such clients. Therefore they are held at arm's length. This gives off the impression a client is just a number, and there is a coldness and sterility to the service. I was NOT treated in this manner at the Vannoy Firm.…
Anthony VanNoy is an absolutely top-notch attorney. From start to finish, my case was handled with empathy, efficiency, and utter professionalism. The outcome was better than I'd dared to hope for and I cannot recommend him or his firm highly enough.
I first want to thank the staff and the company itself I work with Brittany and Patricia and it was so smooth on my end they took care of everything. They had no problem working with me even when I live the incident happened in a different state. Very very professional in my eyes and my family’s.
Keara Dever took the initiative to advocate for me in my very difficult situation. When no one else would listen to me, she did. She was very supportive and understanding and I am very appreciative for her services. She went above and beyond what I would have ever expected. Thank you so much Mrs. Dever. And by the way, she is AWESOME!!! Carl. M
Great experience and I would recommend to anyone in need of counsel for any civil/ Legal matter. They have people that specialized in certain areas and they can give you information or tell you which way you need to go with the case. I had a great experience and my friend called last week and the same professional help was given! Call them you won't be sorry!
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