i need a lawyer who can help me win a settlement in the death of my husband. My husband and i had an accidental life insurance. he died while taking a shower apparently when that happened no one was around so it 35-40 minutes before my brother found him i...
State/Country relating to question: Ohio
i tried one lawyer and he told me that he's not specialized in that kind lawsuit
I cant help bute notice that the question stops at i...
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No one at this website can represent you as it is against the terms of service, however I can point you in the right direction. Ultimately, you will want to find an attorney who specializes in insurance law.
A great resource is Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.You can also go also go to www.lexmundi.com, www.justia.com, and www.lawyers.com
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The other expert is correct in that we cannot represent you. Plus his referring you to Martindale is good as well.
With all due respect to him, if you want some information about death cases in Ohio, what you can and can't recover, I'm available
NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.
Rvlaw, I would like information on what i can and can't recover about death cases in Ohio
Here are some general principles and the relevant portions of the statute of Ohio on wrongful death. There are other sections in the statute that relate to a death caused by a faulty product. You will probably have some follow up questions after reading this material. Please come back to ask
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:• Misdiagnosis of, or failure to diagnose , a disease or medical condition; • Failure to provide appropriate treatment for a medical condition; • Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.You must contact a lawyer who specializes in medical malpractice cases. He or she will have a medical legal expert review all the records with a view toward offering an opinion/report and trial testimony that the doctor's acts were negligent in that they did not conform to the standards of the applicable specialty in your area.
2125.02 Parties - damages.(A)(1) Except as provided in this division, a civil action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of the decedent. A parent who abandoned a minor child who is the decedent shall not receive a benefit in a civil action for wrongful death brought under this division.
(2) The jury, or the court if the civil action for wrongful death is not tried to a jury, may award damages authorized by division (B) of this section, as it determines are proportioned to the injury and loss resulting to the beneficiaries described in division (A)(1) of this section by reason of the wrongful death and may award the reasonable funeral and burial expenses incurred as a result of the wrongful death. In its verdict, the jury or court shall set forth separately the amount, if any, awarded for the reasonable funeral and burial expenses incurred as a result of the wrongful death.
The court or jury may consider all factors existing at the time of the decedent’s death that are relevant to a determination of the damages suffered by reason of the wrongful death.
A party to a civil action for wrongful death may present evidence of the cost of an annuity in connection with an issue of recoverable future damages.
(B) Compensatory damages may be awarded in a civil action for wrongful death and may include damages for the following:(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.(C) A personal representative appointed in this state, with the consent of the court making the appointment and at any time before or after the commencement of a civil action for wrongful death, may settle with the defendant the amount to be paid.(D) (1) Except as provided in division (D)(2) of this section, a civil action for wrongful death shall be commenced within two years after the decedent’s death.
In terms of liability, you want a medical expert or the coroner's report if there is one.
With respect to the Compensatory damages you will want to present all or most of the following:
His prior medical history
Testimony from his regular doctor as to his prior health
Hospital records if any
Reports of EMTs, Fire Dept. employees on the scene
Documentary proof of the items mentioned above like
b. Earnings records
c. Loss of earning capacity (testimony of an economist who will figure
it out mathematically taking into consideration inflation, and
LIFE EXPECTANCY AND WORK LIFE EXPECTACY which are
standard in matters of this kind, insurance premiums, insurance
d. Loss of inheritance.
e. All the other aspects of compensatory damages such as mental anguish, loss of training, instruction, advice, counsel are established by live testimony at trial.
But remember this is not legal advice. You have to consult with an attorney in your state and discuss this matter with him or her. To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.Please press 3 or 4 or 5 below so that I may get credit for assisting you. Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not have intended If you want further information or clarification, just ask before you accept my answer and give a rating. Also, I ask you to be fair in your rating. For instance, these should NOT have received a negative rating: a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know.b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T".c. The answer is short, but ACCURATE. A customer simply wants a longer answer.Thank you for reading this and for your consideration. I'm always ready to help further.rich
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