A BRIEF HISTORY OF OHIO WRONGFUL DEATH LAW

In Ohio, wrongful death laws and claims for wrongful death were nonexistent in the past. A long time ago, there was no legal right or basis to recover damages for a loved one’s death which was caused by the carelessness or negligence of another person or entity, also known as a wrongful death claim.  As such, there were no Ohio wrongful death lawyers back then.  Once a person died, his or her rights died with him or her. It didn’t matter if a claim or lawsuit was filed prior to the person’s death. If a lawsuit was already filed prior to the person’s death, their case was simply dismissed once they died.
 
Fortunately, once the unfairness that the system had on wrongful death victims and their families was realized, Ohio lawmakers passed laws specifically applying to Ohio wrongful death cases. Each state passed its own unique laws, so the laws differ from state to state. This is why it is important to have an Ohio wrongful death lawyer who knows the laws that apply specifically to Ohio wrongful death cases.
 
An Ohio wrongful death attorney / lawyer knows that there are many unique theories of recovery that apply to Ohio wrongful death cases that differ from ordinary personal injury claims such as in motor vehicle collisions or medical malpractice. Courts may award damages in an Ohio wrongful death case for economic loss suffered by the decedent’s loved ones.  For example the money that the deceased would have made or provided had he or she lived. This may include money for income and pension. A court may also allow damages for noneconomic loss in an Ohio wrongful death case.  For example loss of love, companionship and guidance. In some circumstances, a claim for punitive damages may be sought as well, if the actions of the party at fault were reckless, such as drunk driving or speeding, or intentional, such as murder.

There are also potentially many places to recover money for a wrongful death that only experienced Ohio wrongful death lawyers may know about.  You just can't trust the insurance company adjuster to tell you about all the possible coverages that may apply.  There may be an umbrella policy with another insurance company you don't know about. Also, did you know that if the party at fault was on the job at the time of the wrongful death, your Ohio wrongful death lawyer can sue and make the at fault party's employer pay damages. This is true even though the employer did nothing wrong. It is called respondeat superior vicarious liability. The employer is held financially liable vicariously for the actions of their employees while the employees are on the job. Most employers know this and carry large insurance policies to cover this. If not, you can go after the assets of the company.  This helps make sure you don't run out of money to collect, as is the case with most auto accident wrongful death cases.  This is also a good reason to carry a large uninsured motorist and underinsured motorist policy, so you or your family can be fairly compensated in the even you are seriously injured or killed in a car with an at fault party having little or no auto insurance.
 
For more information about this subject go to www.Chesterlaw.com and request a copy of my free Book entitled The Insider's Guide to Handling Ohio Accident Claims. For those who have family members or loved ones killed in a motor vehicle accident, you can also order my free DVD entitled What you should know about motor vehicle injury claims. Both the free Book and free DVD describe in more detail what you need to know to protect your rights NOW.
 
 
  Call the experienced Ohio wrongful death lawyers / personal injury attorneys at Chester Law Group today to get the help you want from people you can trust (800) 218-4243