When you are injured by another party in Ohio, you can testify about how that harm occurred at your personal injury trial. However, the same isn’t true during wrongful death lawsuits. The deceased can’t speak for themselves, which means that other types of evidence are required to support these claims.
Medical Records and Autopsy Reports
One of the most important questions in a wrongful death claim is how the deceased died. Another party can generally only be responsible for providing compensation if they are responsible for the death of your loved one.
Medical records and autopsy reports are usually the simplest way to determine the cause of death. While that information usually isn’t enough to link the death to the defendant in these claims, it can serve as concrete evidence of how your loved one died.
As a rule of thumb, the fewer facts that are in dispute, the easier it is to pursue wrongful death lawsuits.
Witness Statements
Since the deceased is unable to speak for themselves, the next best thing is for someone to speak for them who witnessed the incident that caused their death. This testimony can be critical for connecting the dots in some cases.
The problem with witness testimony is that it isn’t always reliable. Witnesses often begin to forget the details quickly. To combat this, wrongful death attorneys try to interview witnesses as soon as possible after an incident. This creates a record of the details while they are fresh in their minds.
If the case goes to trial, these statements may not be enough on their own. The witness may also need to testify. However, statements can still be used to refresh the memory of the witness, especially when trials often occur a year or more after the incident.
Police Reports
Just because someone dies, that doesn’t necessarily mean there is a police report associated with that death. In cases involving medical malpractice, for example, no one may think to contact the police.
If your loved one died in an industrial accident or a car accident, though, there should be a police report on file. A wrongful death lawyer knows how to get a copy of this report and can use it to support your claim.
Expert Testimony
In complicated accidents, you may need the testimony of an expert in the field to reconstruct what happened. A lawyer will have industry contacts that can make finding such an expert easier.
Photographs or Video Evidence
Visual evidence is some of the most effective evidence available. A video of an accident or images that show the defendant acting negligently can be more decisive than any amount of testimony.
Financial Documentation
One of the key aspects of any wrongful death claim is determining how much it is worth. Even if the insurance company acknowledges that their client is at fault, that may not help you if you can’t prove the value of your claim.
Until that value is proven, the insurance company might not have any reason to provide any compensation, regardless of guilt. Financial documentation is typically the main way to demonstrate the value of a claim.
In wrongful death lawsuits, key types of financial documentation tend to be those that show the income of the deceased and how the loss of that income will affect you. Additionally, if you incurred any expenses from their death, like funeral costs, you’ll need to produce receipts for those costs.
FAQ
How Long Do I Have to Collect Evidence for Wrongful Death Lawsuits in Ohio?
You typically have two years from the date of your loved one’s death to file a wrongful death lawsuit in Ohio. While this can seem like a long time, it’s best to take action as soon as possible, since collecting evidence and building a case can take time.
Is There Any Way to Extend the Deadline?
If an Ohio resident goes into hiding or flees the state, the statute of limitations pauses while they are unavailable. According to this statute, the deadline also pauses if the defendant lives outside the state. However, this principle might not always hold up in court, so you should try to bring your case to a lawyer as soon as possible.
Can I Receive Compensation if the Evidence Shows the Deceased Was Partially Responsible for Their Death?
Yes. Ohio uses a modified comparative negligence standard. Under this standard, as long as your loved one was less than 50% responsible for their death, you can still get some compensation. The amount of compensation you receive, however, may be reduced based on their percentage of liability.
Contact The Moore Law Firm to Discuss Your Wrongful Death Case Today
When a loved one dies due to the negligent actions of another in Ohio, you may be eligible to file a lawsuit to get compensation for the financial and psychological suffering you experience because of your loss. To obtain this compensation, though, you need the right evidence to support your claim.
The wrongful death lawyers at The Moore Law Firm have years of experience fighting for justice on behalf of victims and their families in Cincinnati and throughout the state. Contact The Moore Law Firm to discuss how we can help you with your case today.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.