Areas of Practice

Wrongful Death

Linnen Co. L.P.A is experienced in protecting the rights of persons that have lost a family member as a result of negligence or other wrongful conduct. In Ohio, a wrongful death claim is created by statute and can only be asserted by a person that has been appointed by the Probate Court to serve as the personal representative of the decedent’s estate. The personal representative can bring an action for the benefit of the decedent’s surviving spouse, children, and parents or for the benefit of other next of kin. Experienced legal counsel should be consulted to protect your rights on this type of matter.

Relief Available

In a wrongful death action, the personal representative of the decedent’s estate may recover damages for the beneficiaries of the estate related to the following:

1. funeral and burial expenses;
2. loss of support from the expected earning capacity of the decedent;
3. loss of services of the decedent;
4. 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;
5. loss of prospective inheritance to the decedent's heirs at law at the time of the decedent's death; and
6. mental anguish experienced by the surviving spouse, dependent children, parents, or next of kin of the decedent.

The personal representative may also assert a survivorship claim to recover for the injuries that the decedent experienced prior to death, including pain and suffering, medical expenses and other economic and non-economic damages.

Time Limitations

A wrongful death claim must be brought within 2 years after the decedent’s death.

If you have a family member that has died as a result of negligent or wrongful acts, you should immediately speak with an attorney that is experienced in such matters to protect the rights of your family. To determine if Linnen Co., L.P.A. can assist you, you may contact us by completing a confidential case analysis form or by calling us directly at (330) 258-8000.

789 West Market Street | Akron, Ohio 44303 | Phone 330.258.8000 | Fax 330.253.8095
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