Wrongful Death Information CenterWrongful Death Information CenterCall us now or use the form below. Frequently Asked Questions about Wrongful DeathQ: What is the difference between a civil case and a criminal case against someone who caused a death? A: A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. A civil case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter. Q: What if an unborn child dies? A: In many states, the baby must be born alive for its death to be the subject of a wrongful death lawsuit. This is not always the case, however. In some states, the fetus must have been viable (able to live outside the mother's womb) even though it was not born; in other states, viability is not an issue. Because the law varies so much from state to state, it is wise to consult an attorney who knows the laws in your area. "Wrongful death" is death caused by another person's carelessness or negligence. If your spouse or family member has been killed under such circumstances, you may have grounds to sue for monetary compensation. Please contact us for an evaluation of your claim. Since 1977, the attorneys of Colley Shroyer & Abraham have stood up for justice on behalf of clients in Columbus and throughout Ohio. We are committed to standing beside families who have lost loved ones due to wrongful death caused by medical malpractice, motor vehicle accidents, or other situations. Our lawyers will work hard to get compensation for medical costs, funeral expenses, loss of income, pain and suffering, and all the other costs that come with the loss of a loved one. We will fight to get you justice. Contact us at 614-228-6453 for a free initial consultation. All cases are handled on a contingency basis. Wrongful Death - An OverviewLosing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. If someone's wrongful actions caused injuries that resulted in your loved one's death, that is a wrongful death. At common law, there was no legal action that surviving family members could take. That changed, however, when governments began to make laws protecting survivors. Now, in every state in the US, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. The laws, however, vary quite a bit from state to state, so consulting with an attorney from Colley Shroyer & Abraham in Columbus, Ohio, is advisable. The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages — that is, the court must determine the proper compensation for the financial loss that the death has caused. Though this may seem harsh or cold, money damages are the remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:
The court will also take into consideration:
The Physician-Patient Privilege in Wrongful Death CasesThe physician-patient privilege is designed to help each patient feel free to tell the doctor the whole truth about what the patient is experiencing; that way, the doctor will have the best information for diagnosing and treating the patient. This privilege can be very important for the relationship between the doctor and the patient. When a patient passes away, however, what happens to the privilege? If you want to take legal action because your loved one suffered a wrongful death, you may have questions about the privacy of the medical records involved. For more information on physician-patient privilege, speak with an experienced attorney. The Wrongful Death of a Child or an Elderly PersonNo matter what the age of the loved one you have lost, the grief is powerful. The law, however, often takes age into account when it assesses your loss. Because your loved one cannot be replaced, the law is at a disadvantage to truly compensate you. Money is one measure that the legal system can objectively use to reflect what has been lost. For more information on how the law applies to the wrongful death of your child or elderly relative, contact an attorney. Statutes of Limitations and the Discovery RuleIf you have experienced the loss of a loved one due to wrongful death, the last thing you may want to think about is how your legal rights are affected. The law surrounding wrongful death, however, allows legal action to be taken only for a limited period of time. When this period has elapsed, you will no longer have the option of filing a lawsuit. An attorney can answer your questions about how much time you have to take action. Monetary Damages in Wrongful Death CasesLegal actions for wrongful death can be very complex, especially when the harmful acts of several parties contributed to an individual's death. Some parties may settle the matter before the case goes to trial; others may see it all the way to a verdict. No matter who the defendant is, the amount and type of financial recovery the plaintiff can make depend on the law of the state in which the case takes place. Contact an attorney to discuss your legal rights. Wrongful Death Resource Links
National Institute for Occupational Safety and Health (NIOSH)
Occupational Safety and Health Administration (OSHA)
How to Deal with Grief
Environmental Health
Consumer Product Safety Commission (CPSC)
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- $1,300,000 Settlement. Class Action settlement against hospital for suddenly closing its doors without properly compensating employees. Successful recovery of wages, fringe benefits, health insurance premiums and reimbursement for covered medical services.
- $22,000,000 Settlement. Local counsel in a Class action settlement against a manufacturing company for personal injuries and property damage sustained by surrounding neighborhood residents due to plant explosion, and air and ground pollution.
- 9,300,000 Settlement. Young woman admitted to Ohio State University Hospital with Guillain Barre Syndrome (GBS). She developed breathing problems due to the condition. The resident physician failed to act upon an alarming blood gas study and instead went to lunch. The young college student suffered a respiratory attack resulting in brain damage. She is in a permanent vegetative or minimally conscious state requiting round the clock care
- 8,600,000 Jury Trial Middle aged woman presented to her ophthalmologist with Pseudo Tumor Cerebri a condition in which there is a build up of cerebral spinal fluid pressure in the brain. If untreated with a shunt it can cause damage to the optic nerve and blindness. The doctor elected to treat with drugs and the patient lost most of her vision
- 3,200,000 Jury Verdict. Woman admitted to the Mt Carmel hospital for a hysterectomy. She developed an undiagnosed blood clot in her arm. The failure to timely diagnosis and treat the condition resulted in amputation of her arm.
- 2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
- 2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
- 2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
- 2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
- 1,800,000 Jury Trial Sixty five year old grandmother was killed when a young uninsured driver crossed left of center colliding with the plaintiffs car.
- 1,800,000 Settlement High school senior was hit by a Conrail train in Hilliard. The track had lights but no gates. The crossing had site restrictions making it difficult to see a train.
- $1,000,000 Jury Trial. Product liability handgun case tried to jury. As the jury completed its deliberation, the case settled for a confidential amount. Young man sustained a severed sciatic nerve. The gun discharged after the clip was removed and while clearing the chamber. The firearm was defective in its design and warnings.
- $1,000,000 plus in Settlements. The partners have collectively settled over 800 client cases involving exposure and resulting injuries from asbestos. Attorney Abraham argued before the Ohio Supreme Court seeking a change in the law so that it would be more favorable toward victims of asbestos exposure related injuries. Attorney Abraham has also settled additional individual asbestos cases involving cancer and other lung diseases.
- $950,000 Settlement. Premises liability case against seller of house, gas company, and plumbing repair company where gas leak resulted in house fire killing mother and two young children. Policy limits were limited and disputed liability.
- $950,000 Settlement. Middle aged lady attending meeting at hospital slipped and fell while exiting restroom. Two days later she developed blood clot in her leg that resulted in her death. Liability disputed.
- $750,000 Settlement. Young girl nearly drowned in a pond resulting in learning disability. A premises liability allegation of failure to provide adequate life guards and design of premises was defective. Disputed liability.
- 700,000 Trial Thirty year old man ran into the rear of a water truck that had failed to use turn signals. The plaintiff broke both legs in the automobile accident.
- $650,000 Settlement. Elderly lady sustained broken ankle with some permanency of limitation in movement when her vehicle was struck head on by oncoming vehicle.
- 600,000 Settlement Woman's face caught on fire during a surgery. The oxygen was ignited with a spark form electric cautery.
- $500,000 Jury Verdict. Low speed rear-end collision truck accident. Plaintiff suffered injury to spine and doctors testified he needed disc fusion. $5000.00 in medical bills considered by the jury. Proximate cause disputed.
- $500,000 - client suffered herniated discs and annular tears after rear end vehicular collision by a dump truck
- $450,000 Settlement. Product liability case involving an elderly man who suffered from diabetes and had an ankle replacement. While recovering, one of the metal crutches he was using collapsed due to a defective adjustment pin causing him to fall and re-injure the ankle with permanent partial loss of use.
- $360,000 Settlement. Handicapped lady was personally assaulted in her apartment that lacked adequate security. Permanent psychological injures.
- $295,000 - clients (family of four) suffered neck and back injuries, closed head injuries, hip and pelvic fractures as a result of a head on vehicular collision
- 250,000 Jury Verdict Young woman injured her thumb in a auto accident. The thumb injury interfered with her career as a hair dresser.
- $250,000 Settlement. Product liability muzzleloader gun case where the nipple that holds the firing cap exploded from the rear of the riffle when fired causing loss of vision in shooters eye. Disputed liability.
- $225,000 Settlement. Trip and fall down basement stairs of rented property. Middle aged lady sustained injury to her elbow when she fell down the stairs due to a lose step. Liability disputed.
- $200,000 - client broke both wrists during recreational ballroom dancing when negligently pushed by other dancers resulting in fall
- $155,000 Settlement. Patron of hotel was climbing exterior steps to his room when he fell due to height variations in steps. He sustained a leg injury that substantially healed. Liability disputed.
- $60,000 Settlement. Product liability crossbow case where the limb of the crossbow delaminated during firing causing injury to shooters eye. Disputed liability.
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536 South High Street
Columbus, OH 43215
Toll Free: 800-634-4720
Phone: 614-228-6453
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