Cleveland Wrongful Death Lawyer

Losing a loved one due to another party’s negligence or misconduct is an unimaginable tragedy. At The Henry Law Firm, we understand that no financial recovery can replace the loss of a family member. However, a wrongful death lawsuit can provide justice, accountability, and financial support to help your family move forward.

Our Cleveland personal injury attorneys and wrongful death lawyers bring legal skills, experience, and a compassionate approach to these cases.

What Constitutes a Wrongful Death in Cleveland, OH?

Under Ohio law (Ohio Revised Code §2125.01), a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another that would have entitled the decedent to file a personal injury claim had they survived. In essence, wrongful death is a personal injury claim pursued by the decedent’s estate or surviving family members.

Common Causes of Wrongful Death

We represent clients in wrongful death cases involving:

• Car, truck, and motorcycle accidents
• Medical malpractice (surgical errors, misdiagnosis, birth injuries)
• Nursing home neglect and abuse
• Defective products
• Workplace accidents and industrial injuries
• Premises liability accidents (slip and falls, negligent security)

Each case requires a customized legal strategy based on the facts, applicable statutes, and liable parties.

Who Can File a Cleveland Wrongful Death Lawsuit?

Legal Standing in Ohio

According to Ohio law, a wrongful death lawsuit must be filed by the personal representative (executor or administrator) of the deceased person’s estate. Although the estate files the suit, damages are pursued on behalf of surviving family members, including:

• The surviving spouse
• Children (including adopted children)
• Parents

Other relatives may recover damages only if they can prove they suffered a compensable loss due to the death.

Damages Recoverable in a Cleveland Wrongful Death Lawsuit

Ohio law allows plaintiffs in wrongful death cases to seek compensation for both tangible and intangible losses:

Economic Damages

• Loss of the decedent’s financial support
• Funeral and burial expenses
• Medical bills incurred before death
• Loss of prospective inheritance

Non-Economic Damages

• Loss of companionship, care, guidance, and consortium
• Mental anguish suffered by surviving family members

In some rare cases involving egregious misconduct, punitive damages may be available to punish the wrongdoer and deter future misconduct.

How Our Cleveland Wrongful Death Lawyers Prove Liability

Wrongful death claims require a high level of legal skill. Our Ohio wrongful death lawyer will build a strong case by establishing the following key elements:

Duty of Care

We begin by proving that the defendant owed a duty of care to the decedent. For example, drivers must operate vehicles safely, and doctors must follow established standards of medical care.

Breach of Duty

Next, we demonstrate that the defendant breached their legal duty. This may involve gathering accident reports, video footage, eyewitness testimony, or medical records.

Causation

We must show that the breach of duty directly caused the decedent’s death. Expert testimony is often required to link negligent actions to the fatal outcome.

Damages

Finally, we present the full extent of the financial, emotional, and psychological damages caused by the wrongful death.

The Importance of Expert Witnesses in Wrongful Death Claims

Our firm may collaborate with a range of expert witnesses to strengthen your case:

Medical Experts

In injury or medical malpractice-related death cases, physicians can provide expert opinions on standard of care violations and causation.

Accident Reconstructionists

In motor vehicle fatalities or industrial accidents, we may hire engineers and accident analysts to reconstruct the events leading to the death.

Economists

Economists can estimate lost income, retirement benefits, and other future losses based on the decedent’s age, occupation, and earning potential.

Psychologists

Mental health experts may testify about the emotional and psychological impact of the loss on surviving family members.

Wrongful Death vs. Survival Actions in Cleveland, OH

It’s important to distinguish between a wrongful death claim and a survival action, both of which may be filed concurrently:

• A wrongful death claim compensates surviving family members for their losses.
• Survival action is filed on behalf of the decedent’s estate to recover damages the deceased person could have claimed had they lived (e.g., pain and suffering before death).

These claims are separate but may arise from the same incident. We help families understand how to pursue both in a coordinated manner.

Statute of Limitations for Wrongful Death Claims in Cleveland

Under Ohio Revised Code §2125.02(D), a wrongful death claim must generally be filed within two years of the date of death. Failure to file within this time frame may result in permanent loss of your right to recover damages. There are exceptions to this rule, especially in cases involving:

• Delayed discovery of negligence (e.g., toxic exposure)
• Minor beneficiaries (which may toll the statute)
• Government entities (which may have additional procedural requirements)

At The Henry Law Firm, our wrongful death attorneys in Cleveland will carefully evaluate timelines to protect your right to compensation.

Frequently Asked Questions About Cleveland Wrongful Death Cases

Can multiple family members sue separately?

No. Under Ohio law, only the estate’s representative can file the wrongful death claim. However, all eligible beneficiaries may receive a share of any awarded damages.

What if the decedent was partially at fault?

Ohio follows a modified comparative negligence rule. If the decedent was less than 51% at fault for the incident, the estate may still recover damages, reduced by the percentage of fault.

Can we sue a government agency for wrongful death?

Yes, but claims against public entities (e.g., city hospitals, transportation departments) must follow the special procedures of the Ohio Court of Claims Act and may have shorter filing deadlines.

Why Choose The Henry Law Firm for Your Cleveland Wrongful Death Case?

Proven Track Record

At The Henry Law Firm, we have achieved large wrongful death settlements and verdicts for families in Ohio. Our success stems from proactive case preparation and aggressive advocacy.

Deep Local Knowledge

We understand the local court systems, judges, and insurance companies in Cleveland. This familiarity helps us pursue your case for damages more efficiently and effectively.

Trial-Ready Representation

While many cases settle, we prepare each case as if it will go to trial. Our courtroom experience and a formidable trial record give us leverage in settlement negotiations.

No Legal Fees Unless We Win

Our firm operates on a contingency fee basis. You pay nothing up front and owe no fees unless we recover compensation on your behalf. To schedule your free consultation, call us at 440-291-0937 or contact us online.