When a loved one dies because of another party’s negligent conduct, the family of the deceased has the option to file a wrongful death claim. Wrongful death lawsuits are similar to personal injury claims, except that the victim is no longer able to fight for their rights.
Beginning this legal action is not easy, however. That is why having an attorney for wrongful death claims is essential. Learn more about how an attorney can make a significant difference in the process.
Understanding Ohio’s Wrongful Death Statutes
One important way an attorney can help during a wrongful death claim is to provide clarity on the various pertinent statutes in Ohio. For one thing, it’s important to know that the personal representative of the estate is the one who can begin the claim on behalf of the family.
You also only have two years from the date of the person’s passing in which to file a wrongful death case. If you miss that timeline, you are barred from recovering losses. Your attorney will ensure everything is filed correctly and on time.
Proving Liability and Causation
A challenging aspect of wrongful death lawsuits is proving liability. Just as with personal injury claims, this typically means showing that the other party was negligent or wrongful in their conduct.
For example, if your loved one died in a car accident that occurred because of a distracted driver, it’s necessary to show that the person owed your loved one a duty of care and breached it, directly causing your loved one’s death.
Doing this requires having an understanding of the law and what evidence can be most effective in proving what happened.
Calculating Damages
The process of calculating the exact losses you suffered because of the defendant’s conduct is tough as well. It requires being able to put a number to pain and suffering, as well as support and companionship.
An attorney for wrongful death claims will calculate the economic losses you suffered, including the expenses related to medical care that your loved one received, as well as funerary costs. If your loved one provided childcare or other similar services for which you’ll have to hire someone, those expenses will also be addressed.
Your attorney will figure the wages your loved one would have earned throughout the rest of their life. To do so, they’ll consider their career trajectory and how long they would have worked. This would provide a number that represents lost wages.
Dealing With Insurance Companies and Defendants
You can expect low settlement offers as well as disputes over who is responsible for your loved one’s death. The defendant may even try to pin the blame on your loved one.
With a lawyer experienced in wrongful death lawsuits, you have a better chance of demonstrating who the liable party is and negotiating aggressively with insurers. If you try to do this alone, you’ll likely end up with a lower settlement than you deserve.
Handling Emotional and Sensitive Matters
If going through a legal process is stressful on the best of days, it can be excruciating when also dealing with the death of a loved one. Your attorney knows how to offer the compassionate guidance you need while also managing all of the legalities so that you can focus on mourning and healing.
Trial Experience
The majority of wrongful death claims don’t go to court, but you still should have an attorney ready to litigate if that’s the only way of getting the assistance you need.
If the insurance companies don’t negotiate fairly or there are significant disputes about fault, it may be necessary to go to trial. You need an attorney with experience to navigate this process.
Maximizing Compensation for Families
Your attorney will know how to negotiate with insurers to maximize the compensation you and your family receive. They will know what a fair settlement would be for your case’s specific circumstances, and they’ll fight to cover all of your losses.
FAQ
What Is My Wrongful Death Lawsuit Worth?
Each case is unique, but the cases that have substantial evidence establishing liability and those involving significant negligence or wrongful conduct are the ones that tend to be worth the most. Your attorney will give you a better idea of what you can expect.
What Will Hiring a Wrongful Death Lawsuit Lawyer Cost?
Wrongful death claim lawyers work on a contingency fee basis. They don’t get paid any upfront fees but instead receive a percentage of your winnings. If they don’t get you a settlement or jury verdict, they don’t get paid.
What Happens if My Loved One Was Partly Responsible for Their Injuries?
If your loved one was partly responsible for the injuries that led to their death, filing a claim is still possible as long as they were not more than 50% at fault. Ohio’s modified comparative negligence laws protect their rights.
Hiring Experienced and Compassionate Lawyers at The Moore Law Firm
If a loved one died because of another party’s conduct, just thinking about starting a claim can feel overwhelming. By hiring experienced attorneys who understand the various regulations in place for these cases and who know how to negotiate for compensation, you have a chance of receiving what your family deserves.
At The Moore Law Firm, our Ohio wrongful death lawyers understand what you’re going through, and we’re here to help. Call us to schedule a free, no-obligation consultation.
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.