Personal Injury, Wrongful Death, & Survivor Damages in Wilmington & Clinton County Ohio

Injuries caused by the negligence of someone else give you a right to recover monetary damages to compensate you for your losses. However, if you or a loved one has suffered an injury, you likely know that money alone often cannot fully compensate for personal injury losses. Be that as it may, money is the only legal remedy available in these difficult situations and you should receive monetary damages for your loss. Wilmington personal injury lawyers and Wilmington wrongful death lawyers are experienced in assessing monetary awards and know what type of a settlement or award you might be able to expect from your claim.If a loved one is killed, contact a Wilmington area wrongful death attorney to get them justice.

When determining the value of a Wilmington personal injury case, you must first consider the type and degree of loss or injury involved. The most severe loss is death, and there is a body of law dealing specifically with death. If your loved one has been involved in a tragic accident and died as a result, contact one of the Wilmington wrongful death attorneys listed above today to discuss your options.

Wilmington Wrongful Death Lawyer

When someone is killed in an accident including, but not limited to, a car accident, a truck accident, a construction accident, medical negligence a/k/a medical malpractice, a motorcycle accident, a dangerous product or defective products, or dangerous drugs and the surviving family members believe a lawsuit may be in order, a Wilmington wrongful death lawyer can help them assess the legal issues and prepare a wrongful death claim. The wrongful death attorney will also retain all types of expert witnesses for trial. In  Wilmington wrongful death cases, it is up to the representative of the estate to contact the Wilmington Wrongful Death Lawyer who will bring the claim.

The following are some of the people who commonly recover in Wilmington wrongful death actions:

  1. Spouses — If the person who died (the decedent) was married, then the spouse can generally recover.
  2. Children — Natural and adopted children of the decedent may also collect damages in an Ohio Wrongful Death lawsuit.
  3. Parents — Parents of minor and of major (adult) natural and adopted children may also be able to recover.
  4. Estate — The decedent’s Estate itself has a claim.

What Are the Types of Damages Available When Someone is Killed Through Negligence?

The discussion above centered on which relatives and close family members have status to file a wrongful death claim. This section will explain what monetary damages are recoverable under Ohio law. Wilmington area claimants are entitled to damages for:

(1) Loss of support from the reasonably expected earning capacity of the decedent;
(2) Loss of services of the decedent;
(3) Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent;
(4) Loss of prospective inheritance to the decedent’s heirs at law at the time of the decedent’s death;
(5) The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.

Negligent Infliction of Emotional Distress or Intentional Infliction of Emotional Distress

In some cases, Wilmington families may be put through severe emotional trauma and anguish due to the negligence, recklessness, or intentional wrongdoing of another party. When this occurs, a Wilmington personal injury attorney can help them pursue a claim for Negligent Infliction of Emotional Distress (NIED) or Intentional Infliction of Emotional Distress (IIED). This claim may be brought in addition to other claims for monetary damages, and is often brought by the family members of an injury victim, for example, after witnessing a severe trauma inflicted upon their loved one. To recover as a bystander, a plaintiff must establish that he or she: (1) was located near the scene of the accident, as contrasted with one who was a distance away from it; (2) suffered shock as a result of direct emotional impact upon the plaintiff from a sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence; and (3) was closely related to the primary victim of the accident.

If you or your family members have witnessed a loved one who is a close relative being injured due to negligence or intentional wrongdoing, and are now suffering mental anguish as a result, you may be entitled to compensation. Contact a Wilmington personal injury attorney or Clinton County personal injury attorney today to discuss your legal rights and remedies.

Wilmington personal injury attorneys and Wilmington wrongful death attorneys represent clients in claims involving a wide range of injuries and accidents and have the experience and skill necessary to get the job done right. Knowledge of a potential damage award is crucial to settling or successfully prosecuting any claim for personal injury or wrongful death, and a Wilmington personal injury lawyer or wrongful death lawyer’s experience with these types of cases can help you assess your options from the get-go.

What legal actions should you take if your loved one has recently passed away?

When a family member or close friend passes on, it can be extremely difficult to think of all the mundane tasks that must be accomplished to get their estate in order, deal with bank accounts, pension funds, social security benefits, and any potential lawsuit you may want to pursue related to their death. If your loved one has been killed in a wrongful death accident, you may feel lost and need guidance on your proper course of action. Click here for a detailed list of steps you should take following the death of a family member.

Resources for those who have suffered the death of a loved one:

After a loved one has died, the last thing on your mind should be a difficult legal battle or lawsuit. However, if the death was due to negligence, recklessness, or malicious conduct, you may feel it is your duty to take legal action. In such cases, Wilmington wrongful death attorneys can help you prepare your lawsuit by arranging crucial witnesses, documentation, and evidence to present a strong case on behalf of your deceased family member. After a death, you may also find yourself in charge of preparing funeral arrangements and feel overwhelmed by small details in the face of such a traumatic experience. The following resources for funeral homes and florists may be helpful as you and your family prepare to bid your loved one farewell.

For your convenience, and to make this difficult time go by as easily as possible, we have also provided maps so that you and your family can locate a quality Wilmington funeral home and florist near your home.

Funeral Homes in the greater Wilmington area:

Reynolds-Smith Funeral Home
327 N South Street, Wilmington, OH 45177
(937) 382-2323

Fisher-Edgington Funeral Home
97 W Locust Street, Wilmington, OH 45177
(937) 382-2146

Leslie_Roe
4018 S Beechgrove Road, Wilmington, OH 45177
(937) 763-5945

Stubbs-Conner Funeral Home
185 N Main Street, Waynesville, OH 45068
(513) 897-5966

Littleton Funeral Home
104 N Jackson Street, Sabina, OH 45169
(937) 584-2431

 

Wilmington Area Florists:

Something New Florist
18 W Washington Street, Jamestown, OH 45335
(937) 675-6180

Blooms Floral & Interiors
655 W Main Street, Blanchester, OH 45107
(937) 783-3681

Hartsock's Village Florist
141 North Street, Waynesville, OH 45068
(513) 897-4026

Dianne's Flowers
3635 Anderson Road, Lynchburg, OH 45142
(937) 364-2148

Kroger
1001 Cherry Street, Blanchester, OH 45107
(937) 783-0240


 

What To Do When a Loved One Dies — A Survivor’s Checklist

 

Wrongful Death Lawyers Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

A Clinton County wrongful death lawyer can help you get back on your feet after you have suffered a loss. Contact a Wilmington wrongful death attorney today to discuss your options.