Focus: Wrongful death as a remedy; considerations and strategies
On behalf of Weisman, Kennedy & Berris Co., L.P.A. posted in Wrongful Death on Thursday, January 9, 2014.
No legal redress in the United States or elsewhere can ever fully compensate for the loss of a loved one due to the negligence of one or more third parties, and that is duly appreciated by all participants in the legal system.
Notwithstanding that obvious limitation, American jurisprudence does seek to do the best it can by offering a remedy to family members of loved ones who are fatally injured, potentially allowing for a money recovery pursuant to a wrongful death lawsuit.
Prevailing in such a matter will never, of course, replace the love, companionship and support of a family member who suffered a fatal accident. A judgment for the plaintiff can provide a family with desperately needed income in many instances, though, as well as send a clear message to wrongdoers and help deter negligent conduct in the future.
Wrongful death claims can be complex and involve a number of factors, including time limitations imposed on legal filings by relevant statutes of limitation. It is imperative for any individual or family that is considering litigation to secure early counsel from a proven and client-empathetic wrongful death attorney.
A recent case involving Ohio State University underscores some of the special concerns relating to wrongful death litigation. The widow of a man who died while working in an elevator on a residence hall construction project at OSU brought such a claim, and the university — not an original party to the lawsuit — was included as a defendant by a co-defendant and affiliate in the matter.
That maneuver transferred case venue to the Ohio Court of Claims, given that OSU is a state entity. The court denied the claim against the university, remanding the case back to its original venue and without OSU as a named defendant. The matter is ongoing.
As noted, strategy is key in wrongful death cases, with a number of medical, economic, timing and other considerations often being of critical importance to a case outcome.
A seasoned Ohio fatal accident attorney can provide relevant information and strong advocacy on behalf of a wrongful death plaintiff.
Source: The Columbus Dispatch, “Widow can’t sue Ohio State for elevator death, judge rules,” Randy Ludlow, Dec. 17, 2013