When a beloved family member dies because of another person’s negligence, no words can erase the grief. Amid overwhelming sorrow, you may face unexpected medical bills, funeral expenses, and lost household income. In both Ohio and Michigan, the law recognizes your right to pursue a wrongful death claim when reckless or careless conduct causes a fatal accident. An experienced wrongful death attorney at Gallon, Takacs & Boissoneault will shoulder the legal burden—investigating the circumstances, negotiating with insurers, and advocating in court—so you can focus on healing.
What is a wrongful death action?
A wrongful death claim in Ohio is a civil lawsuit filed when an individual dies due to someone else’s negligent or intentional act. Common scenarios include car crashes, trucking accidents, medical malpractice, defective products, and workplace incidents not covered by workers’ compensation. The purpose of a wrongful death action is to compensate surviving heirs for losses related to the decedent’s death.
Key elements your attorney must prove:
- Duty of Care: The defendant owed a legal obligation to the decedent (for example, to drive safely or maintain secure premises).
- Breach of Duty: The defendant violated that obligation through negligent or reckless conduct.
- Causation: That breach directly resulted in the fatal injuries.
- Damages: Surviving family members suffered quantifiable losses as a result.
Establishing causation and quantifying damages requires expert testimony, accident reconstruction, medical records analysis, and financial forecasting—services your wrongful death lawyer coordinates from day one.
Who can file a wrongful death action?
In Ohio, the personal representative of the decedent’s estate must initiate the action under Chapter 2125 of the Ohio Revised Code. Once a settlement or judgment is secured, Ohio’s intestacy laws determine the division of compensation among a surviving spouse, children, and, in their absence, parents or siblings. In Michigan, under MCL 600.2922, the survivor’s representative likewise files the claim, and probate court procedures dictate distribution to the decedent’s spouse, children, or other heirs according to Michigan’s inheritance statutes.
Because probate administration itself can be a complicated process, your wrongful death attorney will handle estate filings, court petitions, and notice requirements so that you can avoid delays or challenges from creditors or adverse parties. By centralizing both wrongful death litigation and estate administration with a single legal team, families gain clarity, reduce duplicated efforts, and maintain one continuous line of advocacy from start to finish.
Jonathan Ashton explains what a Wrongful Death lawsuit is and the complications involved.
Why You Need a Wrongful Death Lawyer
Pursuing justice after a fatal accident is not like filing an ordinary insurance claim. In both Ohio and Michigan, wrongful death actions follow complex statutes—Ohio Revised Code Chapter 2125 and Michigan Compiled Laws Section 600.2922, respectively—each with its own procedural requirements and strict filing deadlines. A lawyer experienced in these specific laws will immediately identify which statutes apply to your case, whether your family qualifies to sue, and the precise timeline for beginning legal proceedings. Without that specialized guidance, you risk miscalculating critical deadlines, undervaluing your true losses, or accepting an inadequate settlement that falls far short of what the law entitles you to recover.
At Gallon, Takacs & Boissoneault, our attorneys combine decades of courtroom experience with a track record of success in both states. We have represented families in wrongful death actions following automobile and truck crashes on our busiest highways, catastrophic workplace incidents, medical malpractice at regional hospitals, and injuries caused by defective machinery. In every case, we have coordinated with investigators, collision reconstruction experts, and medical specialists to build a compelling narrative of negligence and to accurately quantify the full scope of economic and emotional harm your family has endured.
Types of Recoverable Damages
Although no monetary award can bring back a loved one, full compensation under Ohio and Michigan law can alleviate the financial strain and honor the decedent’s memory. Recoverable economic damages include the cost of medical treatment incurred before death, funeral and burial expenses, and the present value of the decedent’s lost future income, benefits, and household services such as childcare, home maintenance, or elder care. Non-economic damages compensate for the intangible losses that survivors suffer: the grief, mental anguish, and loss of companionship, guidance, and counsel that the decedent would have provided.
In cases of egregious misconduct—such as a driver with multiple DUI convictions or a corporation that knowingly shipped defective parts—courts may award punitive damages to punish the wrongdoer and deter similar behavior in the future. Determining whether punitive recovery is warranted requires a clear and convincing standard of proof, which your attorney will address through meticulous investigation and legal argument.
Statute of Limitations
Time is of the essence in wrongful death cases. Ohio Revised Code Section 2125.02 generally requires filing a wrongful death lawsuit within two years of the date of death, while Michigan’s statute of limitations under MCL 600.5805 typically allows three years. Missing these deadlines almost always results in dismissal of your case, regardless of the strength of your facts. Exceptions exist only in rare circumstances—such as fraudulent concealment of the defendant’s wrongdoing or delayed discovery of the death—which require precise legal analysis to invoke.
Your attorney will immediately calendar all relevant deadlines and file a timely complaint in the appropriate court—whether it’s a county common pleas court in Ohio or circuit court in Michigan. Early filing preserves your right to obtain records, collect evidence before memories fade, and demonstrate to insurers and opposing counsel that you are prepared to pursue full accountability.
Steps to Take After a Wrongful Death
Acting promptly and strategically after a fatal accident protects your family’s legal rights and ensures that critical evidence is preserved. The priority should be obtaining competent legal advice from an experienced Ohio or Michigan wrongful death attorney who understands local procedures. Your lawyer will guide you in securing police and accident reports, preserving medical and toxicology records, and photographing the scene before cleanup or repairs occur. You should collect witness names and statements, keep track of all bills and receipts related to medical care and funeral services, and refrain from giving recorded statements to insurance adjusters without legal counsel present.
Each of these actions sets the stage for a successful wrongful death claim, and your attorney will guide you through every step, from filing the complaint to settlement negotiations or trial.
Contact a Wrongful Death Attorney at Gallon, Takacs & Boissoneault
Losing a loved one is an incredibly difficult experience, and the legal process that follows can be complex. However, a wrongful death claim can offer closure to grieving families and aid in their healing journey. These claims serve as a means for loved ones to hold the responsible parties accountable and secure the compensation necessary for moving forward.
Navigating a wrongful death claim under Ohio or Michigan law is emotionally taxing and legally complex. At Gallon, Takacs & Boissoneault, our wrongful death attorneys handle all procedural steps—from filing the initial complaint to presenting expert testimony at trial—so you can focus on healing and honoring your loved one’s memory. To explore your family’s rights, understand potential compensation, and begin the pursuit of justice, please call 419-843-6663 or complete our secure online form today.
