By: Jonathan Ashton, Wrongful Death Lawyer
Gallon, Takacs & Boissoneault
Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana
If you’re searching for a wrongful death lawyer near you, it likely means your family is facing one of the most difficult situations imaginable. When a loved one’s death is caused by someone else’s negligence, the legal system allows surviving family members to pursue compensation and hold the responsible party accountable.
“You don’t need to have all the answers right away — but taking that first step is critical. Speaking with a wrongful death lawyer early can protect your family, preserve key evidence, and position your case for the strongest possible outcome.”
— Jonathan Ashton, Wrongful Death Lawyer, Gallon, Takacs & Boissoneault, Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action filed when someone dies due to another party’s negligence or misconduct. In Ohio and Michigan, these claims allow certain family members to seek damages for lost income, services, and the loss of companionship. For example, common cases include fatal car accidents, workplace incidents, medical malpractice, and defective or unsafe product claims.
More importantly, these claims are not just about compensation; they are about accountability and protecting the future of the family left behind.
Who Can File a Wrongful Death Claim?
Filing correctly is critical. The claim must go through the estate, not directly through individual family members. The process often involves probate court requirements in addition to the civil case.
Because of this, mistakes at this stage can delay the case or affect who receives compensation. Working with a wrongful death lawyer early helps ensure the claim is filed properly and your family’s rights are protected.
What Causes Most Wrongful Death Cases?
The most common causes of wrongful death include car accidents, medical malpractice, workplace accidents, defective products, and unsafe property conditions.
These cases arise when negligence results in a fatal outcome. In Northwest Ohio and Southeast Michigan, motor vehicle accidents are among the leading causes. Many involve distracted driving, impaired driving, speeding, or commercial vehicle negligence.
Wrongful death claims can also result from serious medical errors, unsafe working conditions, or dangerous products that fail to meet safety standards. In each case, the issue is the same. Someone failed to act responsibly, and that failure led to a preventable loss of life.
Understanding what caused the death is critical. Identifying negligence early allows your attorney to gather the right evidence and hold the responsible party accountable.
What Does a Wrongful Death Lawyer Do?
A wrongful death lawyer investigates the cause of death, gathers evidence, works with experts, negotiates with insurance companies, and represents families in court to recover compensation.
This includes reviewing accident reports, medical records, and witness statements, while also building a strong legal case that clearly shows how negligence caused the death.
Insurance companies are focused on minimizing payouts. Having an attorney ensures your case is properly built and your family’s rights are protected.
How Long Do You Have to File a Claim?
In Ohio, a wrongful death claim must generally be filed within two years of the date of death, while in Michigan, the statute of limitations is typically three years.
These deadlines are strict. Missing the filing deadline can permanently prevent your family from recovering compensation, regardless of how strong the case may be.
Because of this, acting early is critical. Starting the process sooner allows your attorney to preserve key evidence, secure witness statements, and build a stronger case before important details are lost.
In some situations, limited exceptions may apply, but those are rare and depend on specific legal circumstances. Speaking with a wrongful death lawyer as soon as possible helps ensure your claim is filed correctly and on time.
What Compensation Is Available in a Wrongful Death Case?
In Ohio, wrongful death compensation may include medical expenses, funeral costs, lost income, loss of benefits, and loss of companionship for surviving family members.
Wrongful death claims are designed to account for both financial losses and the emotional impact of losing a loved one. This can include the cost of medical care before death, funeral and burial expenses, and the loss of future income and support the deceased would have provided.
In addition, families may recover damages for the loss of companionship, guidance, and emotional support. In some cases, compensation may also reflect the long-term financial impact on the household, including lost benefits such as health insurance or retirement contributions.
Every case is different. The value of a wrongful death claim depends on factors such as the individual’s age, income, and family role. A full evaluation is necessary to determine the value of your specific claim.
What Should You Expect During a Wrongful Death Case?
A wrongful death case typically involves investigating what happened, filing a legal claim, gathering and exchanging evidence, negotiating with insurance companies, and going to trial if a fair settlement cannot be reached.
A wrongful death case follows a structured legal process that includes investigation, filing the claim, discovery, negotiations, and, in some cases, a trial.
First, your attorney will investigate what happened. This includes reviewing accident reports, medical records, and witness statements, and working with experts such as accident reconstruction specialists or medical professionals to establish how the death occurred and who is responsible.
Next, the claim is formally filed in court. Once filed, the case enters the discovery phase. During this stage, both sides exchange information, request documents, take depositions, and build their legal arguments.
At the same time, negotiations with insurance companies and opposing counsel may begin. Many wrongful death cases are resolved through settlement, but that outcome depends on how well the case is prepared.
If a fair settlement cannot be reached, the case may proceed to trial. At that point, your attorney presents evidence, expert testimony, and arguments to a judge or jury.
What this means for your family is that the process can take time, but each step is designed to strengthen your case and protect your rights. Strong preparation from the beginning often leads to better outcomes.
Common Mistakes That Can Hurt Your Case
One of the biggest mistakes families make is waiting too long to seek legal guidance. Another is speaking with insurance companies before fully understanding their rights.
“Insurance companies move quickly in fatal accident cases, and families are often approached before they understand the full impact of their loss. We always recommend speaking with an attorney before making any decisions that could affect your case.” – Kevin Boissoneault, Wrongful Death Lawyer, Gallon, Takacs & Boissoneault, Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana.
Other common mistakes include accepting early settlement offers, failing to preserve evidence, delaying documentation, and discussing the case publicly or on social media.
Other mistakes include:
- Accepting early settlement offers
- Failing to preserve evidence
- Delaying documentation
- Discussing the case publicly
Avoiding these mistakes can make a significant difference in the outcome of your case.
How Do You Choose the Right Wrongful Death Lawyer Near You?
Choosing the right wrongful death lawyer is one of the most important decisions your family will make. Not all firms handle these cases the same way. Experience matters just as much as the outcome.
Look for a lawyer with direct experience handling wrongful death claims in Ohio and Michigan. They should understand how local courts operate. They should also have a proven history of working with investigators, medical experts, and financial professionals to build strong cases.
At Gallon, Takacs & Boissoneault, our attorneys bring decades of experience representing families across Northwest Ohio and Southeast Michigan. We handle cases involving fatal car accidents, workplace incidents, and complex negligence claims. We work closely with accident reconstruction experts, medical providers, and local courts to establish liability and the full extent of damages.
Just as important, you will work directly with one attorney from start to finish. Your case will not be passed off, outsourced, or referred out. You will have consistent communication, clear guidance, and an attorney who understands both the legal process and the local landscape.
That level of experience, local knowledge, and personal representation can make a meaningful difference in how your case is handled and how your family moves forward.
Why Hiring a Local Lawyer Matters
A local wrongful death lawyer understands Ohio and Michigan laws, local court systems, and how cases are handled in your area.
National firms often operate on a high-volume model and may not provide the same level of personal attention. A local firm offers direct access, accountability, and a stronger connection to your case.
Frequently Asked Questions About Wrongful Death Claims
Who receives compensation in a wrongful death case?
Compensation is distributed to surviving family members, including spouses, children, and dependents, in accordance with state law.
Do all wrongful death cases go to court?
No. Many cases are resolved through settlement, but trial preparation is essential to achieving a fair outcome.
How much is a wrongful death case worth?
The value depends on income loss, family impact, and the circumstances surrounding the death.
How long does a wrongful death case take?
Most cases take several months to a few years, depending on complexity.
What if I’m not sure I have a case?
Speaking with a wrongful death lawyer can help you understand your legal options.
Talk to a Wrongful Death Lawyer Today
When a life is taken because of someone else’s negligence, the impact reaches far beyond the moment of loss. Families are left dealing with grief, uncertainty, and often unexpected financial pressure, including medical bills, funeral expenses, and the loss of income or support they relied upon every day.
In many cases, families don’t realize how quickly these situations can take shape. Evidence can disappear, witness memories can fade, and insurance companies often begin building their defense immediately. As a result, the decisions made in the early days after a wrongful death can directly affect the strength and value of the case.
Because of this, at Gallon, Takacs & Boissoneault, we take that responsibility seriously.
Our wrongful death lawyers move quickly to investigate what happened, preserve critical evidence, and handle all communication with insurance companies so your family is protected from the start. More importantly, you will not be passed off or treated like a case number. You will work directly with one experienced attorney who understands the law, understands the process, and understands what your family is going through.
For decades, our firm has represented individuals and families across Northwest Ohio, Southeast Michigan, and Northeast Indiana. We have built our reputation by standing beside our clients during some of the most difficult moments of their lives and fighting for outcomes that help them move forward.
If your family has lost a loved one due to a car accident, workplace incident, medical error, or any form of negligence, now is the time to understand your rights and take action.
Call 419-843-6663 today for a free consultation. The sooner you speak with a wrongful death lawyer, the more we can do to protect your case, preserve evidence, and pursue the full compensation your family deserves.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
