Dayton Wrongful Death Attorneys

Providing Justice for Your Loved One

Suddenly and unexpectedly losing a loved one can have a crushing emotional and economic impact on a family. The experienced wrongful death lawyers at Thorson Switala Mondock & Snead LLP have investigated and handled a wide variety of wrongful death cases involving vehicle crashes, construction and workplace accidents, and medical malpractice.

What Is a Wrongful Death?

A wrongful death occurs when a person dies because of the negligent or reckless conduct of another. Wrongful deaths can be the result of any negligent conduct but more commonly occur in vehicle, construction, aviation, boating, and workplace accidents.

Who Can File a Wrongful Death Action?

A wrongful death action may be brought by the “personal representative” of the deceased’s Estate on behalf of the decedent’s beneficiaries. The personal representative is usually the individual named in person’s Will as the Executor of the Estate.   

If the decedent did not have a Will, then usually a family member applies to the local Probate court to be appointed Administrator of the Estate. In order to reduce costs to our clients, we keep probate work in-house and will file the necessary court documents to have an individual named Administrator.

Who Can Seek Compensation?

The surviving spouse, children, and parents of the decedent are presumed under Ohio law to have suffered damages because of the death and can seek compensation. 

Ohio law does not presume that siblings, grandparents, or other family members have suffered a loss that is compensable. If any family member proves they have suffered a loss because of the death, then the court can award damages to them. We have represented the estates and family members seeking compensation for their loss.

What Compensation May Be Awarded?

The Estate may recover compensation for calculable economic losses like funeral and burial expenses, financial support, and inheritance.   

The Estate may also recover compensation for non-economic damages like loss of services, love, companionship, care, assistance, advice, guidance, and mental anguish.

Statute of Limitation

Ohio law sets forth a two-year time limit (statute of limitation) from the date of death to settle or file a lawsuit for a wrongful death claim. It is best to consult with an attorney to determine the proper time limitation to bring a claim. 

What Is a Survivorship Claim?

While a wrongful death claim is for the benefit of the decedent’s next-of-kin, a survivorship claim is for the benefit of the decedent. A survivorship action seeks compensation for damages the decedent suffered between the injury and ultimate death, no matter how short. It encompasses the damages the person could have claimed had they not died as a result of the accident. Medical bills, pain, suffering, and pre-impact terror can be recovered in a survivorship claim. Our attorneys seek to recover maximum compensation, including damages allowed in a survivorship action. 

The statute of limitations for a survivorship claim is two years if the death is the result of negligence, like a car crash. If the death was caused by medical malpractice, the statute of limitation is one year from the date of injury. It is best to consult with an attorney to determine the proper time limitation to bring a claim.