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Ohio Wrongful Death Questions & Answers
1 Answer | Asked in Personal Injury and Wrongful Death for Ohio on
Q: Can I sue the assisted living facility for negligence that caused my father's death? what type of suit would it be?

My father had dementia and was allowed to leave the facility in the middle of the night in the dead of winter. He ultimately froze to death and was found the next morning because he forgot how to get back or where he was going. He walked passed security and night staff, right out the front door.

Andrew Popp
Andrew Popp answered on Apr 7, 2021

That sounds terrible, I'm sorry for your loss.

Potentially yes. There may be a number of different causes of action viable in your case. These cases are generally very litigious. You need to sit down with a qualified attorney to review the case and discuss your options.

Best of luck.

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Ohio on
Q: Is there any way to find out the results of a medical malpractice suit? My dad, who was suing is now deceased.

My dad passed away before the suit was settled. We were more concerned with him & the time we had left together and never asked for any details regarding the lawsuit. We never even asked who his attorney was.

After he passed my grdma told others about all the $ she was getting from his... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 21, 2020

I'm sorry for the loss of your father. If you know nothing about the case, as in not knowing who the defendant was or who the attorney was, you could try the databases of the Ohio court system if you're fairly certain the case would have been litigated in Ohio. This is something an Ohio... Read more »

1 Answer | Asked in Legal Malpractice, Probate and Wrongful Death for Ohio on
Q: Where can I get a pro bono. Lawyer to look at my case to see if i have grounds


Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Jul 3, 2019

If you call me at (614)855-3126, I will be happy to discuss your case with you.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Ohio on
Q: Can I sue the veterinarian if the kitten dies the day after she has been examined by the veterinarian?

I had a kitten that just passed away this morning after being sent home the day before as if the kitten would be okay without being hospitalized? I went to the vet so that thwy could administer the appropriate care to save her life but the veterinarian did not sufficiently treat the kitten who they... Read more »

Taylor P Waters
Taylor P Waters answered on Jul 2, 2019

Probably not. You would need to prove the veterinarian recklessly treated your kitten, and even so, your recovery would be limited to the "value" of the kitten. Without knowing more, it is difficult to assess.

2 Answers | Asked in Probate and Wrongful Death for Ohio on
Q: Can I become executor over brother estate before settlement is awarded

My mother couldn't be executor because of bad credit and lived out of state. and they appointed one for her. But I met all the qualification and willing to set up to the plate. We haven't been to probate court yet and was wondering if i could become administrator over estate.

Joseph Jaap
Joseph Jaap answered on May 15, 2019

That is for the probate court to decide. You can apply to be administrator, and the court will schedule a hearing o determine who is best suited to serve as administrator. Use the Find a Lawyer tab to retain a local probate attorney to assist you.

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2 Answers | Asked in Wrongful Death for Ohio on
Q: If a person commits suicide, Can that person claiming they caused it go to jail
Matthew Williams
Matthew Williams answered on Feb 5, 2019

Some prosecutors have begun experimenting with bringing charges against people accused of bullying a person into committing suicide.

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1 Answer | Asked in Wrongful Death for Ohio on
Q: How can we find atty to prove my step mom did wrong and killed my dad.

My dad went to hosp monday and we guess hosp released him.and 24 hrs after he died.and we suspect his wife who is power of atty over everything.he was on a feeding tube and was not suppose to have anything to drink or eat by mouth.he wasnt seeing a dr for a few yrs so what meds was she giving... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 11, 2018

Without an autopsy it would be impossible to prove. You can ask for one or pay for one. An attorney won't.

1 Answer | Asked in Wrongful Death for Ohio on
Q: Do siblings of an adult victom have a claim to the wrongful death settlement if he had a wife of 30 years and 5 kids.

My estate lawyer says a recent Supreme Ct Case says siblings of victom have claims on the settlement.

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

Be guided by what your attorney says. In many states siblings have a claim.

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Ohio on
Q: Can I sue the county for wrongful death?

A man who got a slap on the wrist again after a 1st issue was only given another year on his parrol for B&E with stealing firearms. He got felonious assault charge last year from beating a woman who knows has a 5 year protective order against him. This man attacked my father breaking the right... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2017

No, but for your own closure I'd suggest you contact a member of the Ohio Assn for Justice.

The reason is that the decision to charge and the decision to sentence are not things that can give rise to liability if the convict convicts a crime as far as the State or County are concerned....
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1 Answer | Asked in Wrongful Death for Ohio on
Q: My brother filed a wrongful death law suit for my Mom who was in a nursing home.

Am I entitled to any settlement if I didn't file the suit?

Peter N. Munsing
Peter N. Munsing answered on Aug 6, 2017

Yes, and you would be entitled to be a co-executor in most states. Contact the lawyer that's handling the claim.

2 Answers | Asked in Personal Injury and Wrongful Death for Ohio on
Q: My father was injured on someone's property and later died as a result.

My 88 year old father fell on someone's property and broke his neck which led to his hospitalization and dieing a horrible death.

My mother is old fashioned a32nd does not want to sue them or their insurance.

I on the other hand am very angry and also worried about all the... Read more »

Matthew S Flemming
Matthew S Flemming answered on Jun 8, 2017

I'm sorry for your loss.

The administrator of your father's estate would be the only person who could initiate a lawsuit.

There are a lot of things that go into determining whether or not a property owner is responsible for a fall and resulting injuries, and there are...
Read more »

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Ohio on
Q: Do I have a lawsuit if EMTs used narcan on my brother even though he wasn't overdosing on opioids??

My brother died and the cause of death is undetermined... We have to death certificates one says narcan was used the other says it wasn't we have witnesses saying they saw EMTs use it on him.

Joseph W. Stadnicar Esq
Joseph W. Stadnicar Esq answered on Apr 17, 2017

This response is general in nature and you should seek the counsel and advice of an experienced Ohio lawyer to review all the aspects of your case. Do not rely on this answer as it is based on limited information.

Ohio's Political Subdivision Tort Liability Act creates a significant...
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1 Answer | Asked in Elder Law, Libel & Slander, Personal Injury and Wrongful Death for Ohio on
Q: I am on Ohio Mediciad. I am being forced out of the nursing home by the Area on Aging to a group home. Can they do this?

Oct 2015, I fell attached to my power-chair onto the street because the city had not officially closed the sidewalk and I was trying to get to my apartment where I have lived independently for 20 years. I am severely disabled but have worked to be independent. I became unconscious with a head... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 25, 2017

You have two issues. One is a claim against the city or the owner of the property.You need to contact a member of the Ohio Assn for Justice in your area --they give free consultations. You can explain your injuries. You then can ask about this issue but I don't see that they can do much in... Read more »

2 Answers | Asked in Wrongful Death and Tax Law for Ohio on
Q: Do I have to pay federal taxes in a wrongful death settlement,Or state taxes in Ohio?
Brian Lehman
Brian Lehman answered on Jan 22, 2017

Here is the IRS's guide on the treatment of lawsuit, settlements and awards:

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1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Ohio on
Q: My 16 year old daughter was given marijuana last year that resulted in a fatal car crash, should I sue the contributor?

Apparently my insurance was cancelled at midnight the night before but I received a letter contradicting that and that we were still covered for the next month. We, of course are being sued by the family of the motorcyclist and was just curious on appropriate steps.

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2016

You have an attorney I assume.For anyone reading this, you want to save all envelopes notices of cancellation come in.

Often insurance companies date the letter one day, send it a week later for the bulk rate. As to your other question, yes you can bring in the person that got her high, but...
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1 Answer | Asked in Wrongful Death for Ohio on
Q: Can I sue insurance Co for wrongful death.

A man and his friend are driving his insured car following the friends wife. When the wife stops the friend jumps from the car and starts hitting his wife . A on leave marine see's this and rushes to the woman's aid ,when the marine gets there the friend shoots and kills the marine then... Read more »

Adam Studnicki
Adam Studnicki answered on Jul 28, 2015

The person who shot the marine is responsible civilly and criminally. There may be restitution available through the criminal process. Insurance typically doesn't cover intentional acts like this. A local injury lawyer can confirm.

Please Take Notice: I am not your lawyer unless we...
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