Wrongful Death

The law firm of Dworken & Bernstein Co., L.P.A. has been successful in representing the families of persons whose death has been caused by the wrongful act of another. Wrongful Death claims arise in many areas of injury law including: motor vehicle accidents; workplace accidents; medical malpractice; product liability and others. The Ohio General Assembly has codified the law necessary for families to recover in the case of a deceased loved one. Families may recover for their own loss under the Wrongful Death Statute and families may recover on behalf of the estate for the personal pain and suffering of the decedent.

A wrongful death action may be brought by the decedent's (the deceased person's) spouse, children, parents or siblings for money lost because of the decedent's death. In a wrongful death action, the amount of money that can be recovered amounts to the monetary loss suffered by the family members who are now deprived of that part of the decedent's earnings that they would have received if the decedent had lived.

Family members may also recover for the mental anguish incurred as a result of the loss as well as the loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education.

These beneficiaries may also recover money damages for hospital, nursing, medical, funeral and estate administration expenses that they had to pay because of the injuries that resulted in the decedent's death. In a survival action, the decedent's personal representative stands in the place of the decedent for purposes of a lawsuit. If the injured person dies, death doesn't take away the cause of action or claim. The cause of action survives the death of the injured person and continues in the personal representative. The survival action continues the right to sue and recover money for such things as conscious pain and suffering the decedent suffered before they died. If your spouse, child, or parent died as a result of the negligence of someone else contact one of the Dworken & Bernstein lawyers listed below.

Attorneys:

Alec Berezin
Patrick T. Murphy
Kristen M. Kraus