Family member killed in a crash? Contact Brown and Szaller's experienced serious injury and wrongful death attorneys.
Attorney Kenneth Knabe is Brown and Szaller Co. LPA's lead serious auto accident and wrongful death lawyer. Ken has handled numerous Wrongful Death Claims for the families and next of kin of those killed by unsafe drivers. He lectures and publishes on tort (injury) law throughout Ohio, including Wrongful Death Claims. Ken is past president of the Cleveland Academy of Trial Lawyers and peer rated as an Ohio "Super Lawyer" with 35 + years of trial experience handling serious car crashes. If a family member is killed in a car accident caused by a careless driver, Ken will fight to achieve the full, fair and just compensation the family members richly deserve. He will personally handle the Wrongful Death Claim from start to finish and will carefully advise you along your path to justice. Call attorney Knabe now for a free consultation.
Attorney Kenneth J. Knabe
What is Ohio's Wrongful Death Statute and are all damages capped?
Ohio’s Wrongful Death Statute is O.R.C. 2125.02. Wrongful death damages for the Decedent’s beneficiaries and next of kin are not capped or limited.The only capped damages in a wrongful death action are for the decedent’s conscious pain and suffering capped at 250,000, or three times the economic damages up to 350,000.
What if a family member is killed in a crash caused by a careless driver?
If a cyclist, pedestrian or innocent driver or passenger is killed in a crash caused by a careless motorist, an Estate must be opened to pursue a Wrongful Death Claim for the Decedent’s conscious pain and suffering (Survivor Claim) and Wrongful Death Damages for the beneficiaries and next of kin. An experienced injury and wrongful death attorney will open a Probate Estate to recover wrongful death damages.
What damages are recoverable for each family member under Ohio’s Wrongful Death Statute Ohio Revised Code §2125.02?
Ohio’s wrongful death damages for the beneficiaries and next of kin are the following:
What other Wrongful Death Damages are recoverable by the Decedent's Estate under Ohio Revised Code §2125.02?
Decedent’s funeral and burial expenses
Decedent’s survivorship claim for decedent’s conscious pain and suffering experienced before death.
Do I need a lawyer to pursue a Wrongful Death Claim?
If the death resulted from a careless or reckless driving or other act, the answer is yes. Obviously, this is a very serious claim with serious consequences to the surviving spouse and beneficiaries. The wife or husband, and minor children will need the financial support and compensation for their devastating loss. The action must be started in Probate Court, which must also approve any settlement. The crash must be properly investigated and liability must be established in order to pursue a successful claim. All of the beneficiaries must be interviewed in great detail. Complicated insurance issues exist on the liability end, as well as the amount of other insurance available for each beneficiary under their Uninsured or Underinsured benefits.
Once a Wrongful Death Claim is settled, the matter is concluded. You only get one bite at the apple and you must have a prepared, knowledgeable and experienced injury and wrongful death attorney who can try the case and properly evaluate it.
Why hire an attorney when a loved one is killed by an unsafe driver?
An experienced injury and wrongful death attorney will meet with you free of charge, listen, explain your legal options, gather the critical facts, obtain necessary witness statements and decide upon the best course of action. The attorney will guide you through the complicated process involving many insurance issues which exist in a Wrongful Death claim caused by an unsafe driver, including subrogation, liability coverage and each beneficiary’s uninsured/underinsured coverage.
What are my attorney fees?
Most experienced injury and wrongful death attorneys charge a contingency fee of one third or forty percent of the gross recovery. Case expenses are then usually deducted from the remaining amount left after the Attorney fees. Most attorneys offer complimentary consultations with no up-front money required.
Remember, all Wrongful Death Claims must be approved by Probate Court who makes sure that the attorney fees, expenses and recoveriy are fair and equitable.