Ohio Wrongful Death Law Firm
There is no amount of money that will ever replace the life of a loved one. As terrible as it is to learn that a loved one has died, it is even worse when you have to live with the knowledge that his or her death was preventable. You may be feeling a mixture of powerful emotions about this situation, but one thing is certain: you deserve to be compensated for your losses. If the accident was caused by the defendant's actions—specifically their failure to meet their legal obligation to act with care—you have a right to pursue monetary damages. A wrongful death claim is a type of civil lawsuit, which can be filed independently of any criminal proceedings against the responsible party. While the money will not undo what has happened, you can at least recover compensation to offset the considerable economic hardship that follows in the wake of a fatal accident.
The Ohio Department of Health lists unintentional injuries as causing 5,030 deaths in a recent year. Motor vehicle collisions were the cause of one out of every five accident-related deaths statewide, based on statistics provided by the Ohio Department of Public Safety. Car accidents are a leading cause of wrongful death in the United States, often resulting from reckless or negligent driving. This included car accidents, truck accidents, motorcycle accidents and other traffic crashes statewide. No matter what cause led to the death of your loved one, The Moore Law Firm is prepared to fight for the compensation you deserve.
Depending on the circumstances, certain family members or the deceased's estate may have legal standing to file a wrongful death lawsuit. The estate's legal representative plays a crucial role in bringing the claim on behalf of surviving beneficiaries.
The emotional impact of losing a loved one is profound. The emotional toll such losses take on families can be overwhelming, making emotional support and counseling services essential during this difficult time.
Ready to discuss your claim with a wrongful death lawyer in Cincinnati? Reach out to our firm today for a complimentary case evaluation.
Common Types of Wrongful Death cases
Ohio's Wrongful Death Statute
Ohio Revised Code Ch. 2125 establishes a cause of action after a death that occurs due to the neglect, wrongful act, or default of another person or party. “Wrongful act” is typically associated with intentional acts of violence, such as assault or murder, while “neglect” refers to legal negligence. Negligence occurs when a person or party breaches their legal duty of care, causing injuries or death to another person. To file a successful wrongful death lawsuit, you must prove four elements: duty of care, breach of duty, causation, and damages, all of which are necessary to establish the party's negligence and identify the liable party.
Wrongful death claims in Ohio are essentially the same as traditional personal injury cases, with the only difference being that the plaintiff has died and the claim is being brought on his or her behalf. A wrongful death claim is a legal claim that can be filed independently of any criminal proceedings against the responsible party, and the burden of proof in a civil lawsuit is lower—requiring only a preponderance of the evidence—compared to the higher standard of beyond a reasonable doubt in criminal cases. The goal of a wrongful death lawsuit is to provide financial compensation to the survivors for their losses, rather than to punish the defendant as in a criminal case. Even if no criminal charges are filed, families can still pursue a wrongful death claim in civil court to seek financial recovery.
Common Causes of Wrongful Death
Wrongful death can arise from a variety of tragic circumstances, each leaving surviving family members facing not only emotional loss but also significant financial and legal challenges. Understanding the most common causes of wrongful death is an important first step for families considering a wrongful death lawsuit, as it helps clarify when legal action may be appropriate and what steps to take next.
Some of the most frequent causes of wrongful death include:
- Car Accidents: Motor vehicle collisions remain one of the leading causes of wrongful death. When a fatal crash is caused by another driver’s negligence—such as distracted driving, speeding, or impaired driving—surviving family members may be eligible to file a wrongful death claim. An experienced wrongful death lawyer can help families gather evidence, deal with insurance companies, and pursue a fair settlement for medical bills, funeral costs, and lost income.
- Medical Malpractice: When healthcare professionals fail to meet the accepted standard of care, the results can be devastating. Medical errors, misdiagnoses, surgical mistakes, or medication errors can all lead to wrongful death. In these cases, a wrongful death attorney can help surviving family members seek compensation for both economic damages and the emotional suffering caused by the loss.
- Workplace Accidents: Fatal injuries can occur in the workplace, especially in industries like construction, manufacturing, or transportation. If an employer or third party’s negligence contributed to the death, a wrongful death lawsuit may be appropriate. An experienced attorney will conduct thorough investigations, identify all responsible parties, and help the family recover compensation for lost wages, funeral expenses, and other damages.
- Product Liability: Defective or dangerous products can cause fatal injuries, whether due to design flaws, manufacturing errors, or inadequate warnings. When a loved one’s death is linked to a faulty product, a wrongful death lawyer can help the family hold manufacturers or distributors accountable and seek maximum compensation for their loss.
To successfully file a wrongful death claim, surviving family members must demonstrate that the defendant owed a legal duty of care to the deceased, that this duty was breached through a wrongful act or negligence, and that this breach directly caused the death. The legal process can be complex, often involving accident reports, medical records, and expert witnesses to establish liability and damages.
Compensation in wrongful death cases can include both economic damages—such as medical bills, funeral costs, and lost wages—and non-economic damages, like emotional suffering, loss of companionship, and loss of guidance. An experienced wrongful death attorney can help families understand their rights, navigate the legal paperwork, and pursue the maximum compensation available under Ohio law.
If your family is facing the aftermath of a loved one’s death due to someone else’s wrongful conduct, seeking legal assistance from a reputable law firm is crucial. The Moore Law Firm’s experienced wrongful death lawyers are dedicated to providing compassionate legal support, conducting thorough investigations, and fighting for the justice and financial compensation your family deserves. Taking action not only helps secure your family’s future but also holds negligent parties accountable, bringing a sense of closure and support during a difficult time.
Frequently Asked Questions
Find the answers to common questions and learn more about these types of cases below:
What Wrongful Death Damages Can You Claim in Ohio?
Family members can claim a number of damages following a loved one's death, as listed under the state legal code:
- Loss of financial support (based on the amount of money the decedent would have reasonably earned earn had he or she not be fatally injured)
- Loss of the services that would have been provided by the decedent
- Loss of society of the decedent (may include loss of companionship, protection, guidance, training, consortium, care, etc.)
- Loss of inheritance (by the decedent's lawful heirs at the time that the victim died)
- Mental anguish caused to the decedent's family members
In addition to these damages, a court may also choose to award punitive damages, or additional damages that are awarded solely for the purpose of punishing the negligent party. These types of damages are typically awarded in cases that involve the most heinous incidents of negligence. These damages are separate from the ones listed above, which are considered compensatory damages.
After the wrongful death of a loved one, it is important for the surviving family members to seek the compensation they are rightfully owed. While it is true that this money could never fully compensate a family for a lost life, it does provide important financial support for the individuals who are left behind. With this compensation, the family members will have one less avenue of hardship to deal with as they grieve the loss of their deceased loved one. Furthermore, wrongful death claims and lawsuits help to hold the negligent parties accountable for their actions, which can provide some level of closure for the families that have been affected.
What Is the Statute of Limitations for Wrongful Death in Ohio?
Every case of negligence, whether it is personal injury or wrongful death, has a deadline to file a legal action and preserve the right to obtain compensation. This is called the statute of limitations. For wrongful death cases in Ohio, the statute of limitations is two years after the person's death. The estate waives the right to file for compensation if they file after those two years. If you were to try to bring the case before a judge, without question the judge would seek to throw out the case almost immediately. Therefore, it is imperative that you find legal counsel now to discuss how to begin the claims process.
Who Has the Right to Sue for Wrongful Death?
Wrongful death compensation may include economic, non-economic, and punitive damages, each designed to address different aspects of the losses suffered by surviving family members.
Family members can claim a number of damages following a loved one’s death, as listed under the state legal code:
- Economic damages cover tangible financial losses such as loss of financial support (based on the amount of money the decedent would have reasonably earned had he or she not been fatally injured), medical bills, and funeral expenses.
- Loss of the services that would have been provided by the decedent
- Non-economic damages compensate for intangible losses such as loss of society of the decedent (which may include loss of companionship, protection, guidance, training, consortium, care, etc.) and mental anguish caused to the decedent’s family members.
- Loss of inheritance (by the decedent’s lawful heirs at the time that the victim died)
In addition to these damages, a court may also choose to award punitive damages, or additional damages that are awarded solely for the purpose of punishing the negligent party and deterring similar conduct in the future. These types of damages are typically awarded in cases that involve the most heinous incidents of negligence. These damages are separate from the ones listed above, which are considered compensatory damages.
After the wrongful death of a loved one, it is important for the surviving family members to seek the compensation they are rightfully owed. While it is true that this money could never fully compensate a family for a lost life, it does provide important financial support for the individuals who are left behind. With this compensation, the family members will have one less avenue of hardship to deal with as they grieve the loss of their deceased loved one. Furthermore, wrongful death claims and lawsuits help to hold the negligent parties accountable for their actions, which can provide some level of closure for the families that have been affected. Families can recover compensation for economic damages such as medical bills, lost income, and funeral costs in a wrongful death claim.
Wrongful death lawyers
in Ohio
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. Whether you were hurt in a truck accident or auto accident, have suffered injuries as a result of a medical malpractice incident or were a victim of corporate negligence — the simple fact is that you should not be forced to pay the price for another person’s careless or reckless actions.
Hiring an experienced lawyer is especially important for complex cases, such as a car accident case, workplace accident, or situations involving multiple parties, as these require specialized knowledge to navigate. A wrongful death attorney helps families navigate the legal process after the loss of a loved one due to negligence and works on a contingency fee basis, meaning they only get paid if they win your case. An experienced wrongful death attorney can counter defenses used by insurance companies to minimize payouts. Consulting a wrongful death attorney as soon as possible is crucial to preserve evidence and protect your legal rights. Not all personal injury lawyers have specific experience in wrongful death, so it is important to find a specialist. A wrongful death action can be brought in cases of medical malpractice or other negligence, and attorneys can help hold the negligent party accountable. Houston wrongful death lawyers, for example, have a record of success in handling wrongful death cases.
The legal system gives you the right to seek justice for these wrongs — take advantage of your rights. The most effective step you can take to secure your right to fair compensation for your losses is to hire a wrongful death law firm to advocate on your behalf and represent your case to the insurance company.