We know that no amount of money can replace a lost family member or heal the pain that you feel after such a loss. That pain can be overwhelming and may not allow to comprehend the value associated with wrongful death claims.
If you have lost a loved one due to the negligent behavior or omissions of another, a wrongful death claim could be a good option for you to recover from the financial burden that comes with losing a loved one. Lost wages, medical bills, and funeral expenses can add up and weigh you down.
At The Richards Firm, we are passionate about helping families see past grief and any misconceptions they may have about wrongful death claims in order to understand the value and relief that the pursuit of a wrongful death claim can bring to their lives in this difficult time.
Let’s break down what you should know before filing a claim, including what qualifies as wrongful death, how insurance factors in, and how to get started.
What Qualifies as Wrongful Death
Wrongful death occurs when someone dies because of another party’s negligence, recklessness, or intentional actions. These claims can stem from a wide variety of incidents, including:
- Fatal car or truck accidents
- Unsafe property conditions
- Defective or dangerous products
- Negligence in nursing homes
- Workplace incidents
- Acts of violence
The legal basis for a wrongful death claim is that the death would not have occurred if the at-fault party had upheld their duty of care. In many cases, wrongful death claims are connected to broader personal injury cases—the difference is that the person harmed is no longer alive to pursue a claim on their own, so their surviving family or estate does so on their behalf.
In Ohio, the personal representative of the estate files the wrongful death claim. While the surviving spouse, children, and parents are presumed to have suffered damages, other family members may also be eligible to recover, depending on their relationship and level of dependence on the deceased.
Does Insurance Cover Wrongful Death?
In many cases, yes—insurance coverage plays a major role in wrongful death claims. Auto insurance, homeowners insurance, business liability insurance, or even malpractice coverage may all come into play depending on how the death occurred.
That said, insurance companies are not quick to pay out the compensation grieving families deserve. Their goal is to minimize payouts, delay responses, and protect their bottom line. This is why it’s crucial to understand not just what is covered, but how to scare insurance adjusters into taking your case seriously.
What insurance companies don’t want is a well-documented, clearly presented claim backed by legal experience and pressure. Here are a few ways to make insurance adjusters pay attention:
- Hire an attorney: The moment an insurance company sees that you’re working with legal counsel, they know they can’t lowball you without consequences.
- Present strong evidence: Medical records, accident reports, witness statements, and expert opinions show that your case isn’t speculation—it’s supported by facts.
- Refuse early offers: Insurance companies often make quick settlement offers to try to shut the door on a case before it grows stronger. Don’t accept anything without legal review.
- Be patient but firm: They’re hoping you’ll get tired and give up. We don’t.
While having insurance coverage can provide an avenue for financial recovery, it’s not guaranteed unless you know how to fight for it. That’s where we come in.
Misunderstandings About Wrongful Death
Even when families have a legitimate claim, misinformation can hold them back. We regularly speak with people who delay or avoid taking legal action because they’ve been led to believe things that simply aren’t true. Here are some common myths we help clear up:
“Only the spouse or children can file a wrongful death claim.”
This is one of the most frequent misconceptions. While a spouse or child is often the person who files, Ohio law allows other relatives to recover damages in many situations, especially if they were financially dependent on the deceased.
“If it was an accident, it can’t be wrongful death.”
Wrongful death does not require malicious intent. Many cases stem from accidents caused by carelessness—like distracted driving, unsafe working conditions, or medical errors.
“Life insurance means we don’t need to file a claim.”
While life insurance can help cover immediate expenses, it often doesn’t replace the lost income or future financial support the deceased would have provided. A wrongful death claim may offer additional compensation to secure your financial future.
“Attorneys are too expensive.”
This is one we take personally. At The Richards Firm, we never charge upfront fees. We work on a contingency basis, which means you only pay if we win your case. That first consultation? It’s free. No risk, just help.
How to File a Wrongful Death Claim
Filing a wrongful death claim in Ohio involves several steps, and the process can feel overwhelming if you’re already navigating grief. Here’s a general overview:
Determine your eligibility
Only certain individuals may file a wrongful death claim, typically through the estate’s personal representative. We can help confirm your standing and guide you through the legal process.
Gather supporting documentation
This includes medical records, police reports, witness statements, funeral expenses, and anything that helps show how the death occurred and the impact it has had on your family.
Calculate damages
Damages in wrongful death cases include both economic and non-economic losses. This often involves calculating future lost earnings, medical costs, and emotional pain suffered by surviving family members.
File the claim
Once everything is in place, the claim is filed in civil court. From here, it may go through negotiations, mediation, or litigation. Many cases are settled before reaching trial.
The Richards Firm Helps Those Dealing with Wrongful Death
At The Richards Firm, we don’t just represent clients; we walk alongside them. You are not just a case file to us. You are someone who’s hurting, someone who deserves clarity and closure. Whether the loss was caused by a car crash, a defective product, a preventable workplace incident, or some other example of negligence, we’re here to help you carry that legal burden.
From the very first phone call, you’ll speak directly with your attorney—not a rotating list of staff or assistants. We’ll listen, explain your options, and move forward at your pace. And we won’t charge you a dime unless we recover compensation on your behalf.
If you’re ready to take the next step, we’re ready to stand with you. Call us at 513-461-0084 or visit our contact page here for a free consultation.