Ohio Wrongful Death Questions & Answers

Q: If a person commits suicide, Can that person claiming they caused it go to jail

2 Answers | Asked in Wrongful Death for Ohio on
Answered on Feb 5, 2019
Matthew Williams' answer
Some prosecutors have begun experimenting with bringing charges against people accused of bullying a person into committing suicide.

Q: How can we find atty to prove my step mom did wrong and killed my dad.

1 Answer | Asked in Wrongful Death for Ohio on
Answered on Feb 11, 2018
Peter N. Munsing's answer
Without an autopsy it would be impossible to prove. You can ask for one or pay for one. An attorney won't.

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.

1 Answer | Asked in Wrongful Death for Ohio on
Answered on Nov 15, 2017
Peter N. Munsing's answer
Be guided by what your attorney says. In many states siblings have a claim.

Q: Can I sue the county for wrongful death?

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Ohio on
Answered on Nov 3, 2017
Peter N. Munsing's answer
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. If bad security allowed it that's a case against the property owner or security company, but not the county or state.

Q: My brother filed a wrongful death law suit for my Mom who was in a nursing home.

1 Answer | Asked in Wrongful Death for Ohio on
Answered on Aug 6, 2017
Peter N. Munsing's answer
Yes, and you would be entitled to be a co-executor in most states. Contact the lawyer that's handling the claim.

Q: My father was injured on someone's property and later died as a result.

2 Answers | Asked in Personal Injury and Wrongful Death for Ohio on
Answered on Jun 8, 2017
Matthew S Flemming's answer
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 also a lot of defenses available to property owners. You need to consult with an attorney to discuss the potential for bringing a lawsuit against the property owner.

Q: Do I have a lawsuit if EMTs used narcan on my brother even though he wasn't overdosing on opioids??

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Ohio on
Answered on Apr 17, 2017
Joseph W. Stadnicar Esq's answer
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 hurdle in such cases. Typically, such first responders will be immune from traditional negligence based liability. If the Narcan was wrongfully administered, and it was the proximate cause of your...

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?

1 Answer | Asked in Elder Law, Libel & Slander, Personal Injury and Wrongful Death for Ohio on
Answered on Jan 25, 2017
Peter N. Munsing's answer
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 that regard because Medicaid regulations say if you don't need skilled nursing around the clock you go to another level of facility. You may want to look at public housing if that's an option.

Q: Do I have to pay federal taxes in a wrongful death settlement,Or state taxes in Ohio?

2 Answers | Asked in Wrongful Death and Tax Law for Ohio on
Answered on Jan 22, 2017
Brian Lehman's answer
Here is the IRS's guide on the treatment of lawsuit, settlements and awards:

https://www.irs.gov/pub/irs-utl/lawsuitesawardssettlements.pdf

Q: My 16 year old daughter was given marijuana last year that resulted in a fatal car crash, should I sue the contributor?

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Ohio on
Answered on Jun 29, 2016
Peter N. Munsing's answer
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 depending on how your daughter comes across the jury may decide that she should have just said no.

Q: Can I sue insurance Co for wrongful death.

1 Answer | Asked in Wrongful Death for Ohio on
Answered on Jul 28, 2015
Adam Studnicki's answer
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 enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.