Losing a loved one wrongfully is a devastating experience for any family. When tragedy strikes, it is essential to understand your rights and options.
If your family has lost a loved one due to someone else’s negligence or wrongdoing, you may be eligible to file a wrongful death claim to recover compensation for damages suffered as a result of your loved one’s death.
At our law firm, we are committed to providing compassionate and effective legal representation to families who have lost a loved one wrongfully. We are dedicated to helping our clients get the justice and compensation they deserve, and we work tirelessly to achieve that goal.
Contact Monge & Associates today at 513-224-5591 or toll-free at (888) 546-8460 to learn how we can help you hold those responsible for your loved ones’ death financially accountable for your loss.
Cincinnati Wrongful Death Quick Resources
- Common Causes of Wrongful Death
- Ohio Wrongful Death Claims
- Summoning a Wrongful Death Lawsuit in Ohio
- Compensation on a Wrongful Death Claim
- Elements of a Wrongful Death Claim
- Cincinnati Wrongful Death Claim Deadline
- How a Cincinnati Wrongful Death Attorney Can Help
- Cost of a Wrongful Death Lawyer
- Can a Wrongful Death Result in a Civil Lawsuit & Criminal Charges?
- Timeline of a Wrongful Death Case
- Cincinnati Wrongful Death FAQs
- Contact a Wrongful Death Lawyer
Common Causes of Wrongful Death
A person can lose their life wrongfully in any number of ways. But statistics point to a few common causes of wrongful death in Ohio and across the country. These include:
- Motor vehicle accidents: Negligent driving, distracted driving, or driving under the influence of drugs or alcohol can result in fatal accidents.
- Nursing home negligence or abuse: Negligent care, abuse, or neglect can lead to serious injuries or death in nursing homes.
- Medical malpractice: Medical professionals who fail to meet the standard of care can cause fatal injuries.
- Dangerous drugs and defective medical products: Pharmaceutical companies can be held liable for defective drugs or medical products that result in death.
- Intentional acts: Intentional acts of wrongdoing, such as murder and manslaughter, are common causes of wrongful death lawsuits.
Wrongful Death Claims In Ohio
Losing a loved one is a devastating experience, and when their death was preventable, the pain can be immeasurable. In Ohio, a wrongful death claim can be filed when a person’s death was caused by the negligence or wrongful act of another. These claims aim to hold the responsible parties accountable and provide compensation to the surviving family members.
Personal Injury vs. Wrongful Death Claim
In both personal injury and wrongful death claims, the goal is to compensate the victim or their family for harm that was caused by someone else’s negligence or wrongdoing. But the difference is that a Cincinnati personal injury claim is brought by an individual who has been injured due to the negligence of another party.
In contrast, a wrongful death claim must be brought by the surviving family members or personal representative of an individual who has died as a result of the negligence of another party. There are also some differences in the types of damages that will be awarded in a wrongful death claim as opposed to a personal injury claim.
The Right To Bring A Wrongful Death Lawsuit In Ohio
In Ohio, the laws governing wrongful death recognize the importance of holding the responsible parties accountable for their negligent actions. Under Ohio Rev. Code § 2125.02 (2021), the personal representative of the deceased person’s estate must bring the wrongful death claim on behalf of the estate and family members who are entitled to compensation.
To find out if you have the legal standing to pursue a wrongful death claim in Cincinnati, consult with a knowledgeable Cincinnati wrongful death attorney, who can also help you navigate the complexities of the legal process and ensure your rights are protected.
Damages Available Through a Wrongful Death Claim
While no amount of money can replace the loss of a loved one, seeking compensation through a wrongful death claim can help ease the financial burden that often accompanies such a tragedy. In Ohio, the damages available through a wrongful death lawsuit may include:
- Medical expenses related to the deceased’s final illness or injury
- Funeral and burial expenses
- Loss of income and financial support provided by the deceased
- Loss of companionship, guidance, and emotional support
- Pain and suffering endured by the deceased before their passing
To determine the appropriate compensation for your case, it is crucial to consult with a skilled Cincinnati wrongful death attorney who will assess the unique circumstances surrounding your loved one’s death and advocate for your best interests.
What Elements Must Be Proven in a Wrongful Death Claim?
To file a successful wrongful death claim, you must prove that the defendant’s actions caused the deceased’s final injury or illness. Four elements must be proven in your lawsuit: duty of care, breach of duty, causation, and damages.
Duty of Care
The duty of care refers to an individual’s or entity’s obligation to avoid causing harm to others. This duty varies depending on the situation. For example, a physician has the duty to provide competent care to patients, while a driver must follow traffic laws to avoid accidents.
Breach of Duty
Next, you need to establish that the defendant failed to uphold the duty of care in question. For example, a motorist speeding in a school zone fails to uphold the duty to follow traffic laws. A physician who administers the wrong medication to a patient also upholds his or her duty to provide competent care.
Causation
Causation ties the breach of duty directly to the wrongful death. Demonstrating causation implies that the death wouldn’t have occurred if the defendant had upheld their duty of care. This element can often be one of the more challenging aspects of a case, requiring expert testimonies or thorough investigations.
Damages
Finally, you must prove that the deceased’s estate and surviving loved ones suffered damages as a result of the wrongful death. These damages could include final medical expenses, funeral and burial costs, and pain and suffering experienced by the family. Numerous pieces of evidence could help establish these losses, including medical records, journal entries, and invoices.
The Deadline To File A Wrongful Death Claim In Cincinnati
It is crucial to be aware of the statute of limitations for wrongful death claims in Ohio. Ohio Rev. Code § 2125.02 (2021) stipulates that a wrongful death lawsuit must be filed within three years from the date of your loved one’s passing. If this deadline is missed, you may lose your opportunity to seek justice for your loved one’s untimely death. Don’t let time slip away—act promptly and consult with a compassionate and experienced Cincinnati wrongful death attorney.
How An Ohio Wrongful Death Attorney Could Help
Navigating a wrongful death claim can be overwhelming, especially during a time of grief and emotional turmoil. Engaging the services of a dedicated Cincinnati wrongful death attorney can provide you with the support and guidance you need. Here’s how they can help:
- Investigating the case: A seasoned attorney will conduct a thorough investigation to gather evidence and establish liability. This may involve reviewing medical records, consulting with expert witnesses, and interviewing key individuals involved in your loved one’s death.
- Negotiating with insurance companies: Insurance companies are notorious for attempting to minimize payouts. Your attorney will skillfully negotiate on your behalf to ensure your family receive fair compensation for its loss.
- Litigating if necessary: If a fair settlement cannot be reached through negotiation, your attorney will be prepared to take your case to court. They will vigorously advocate for your rights and fight for the justice your loved one deserves.
Cost of a Cincinnati Wrongful Death Lawyer
When considering legal action, one of the foremost concerns is often the cost. Fortunately, most wrongful death attorneys—including Monge & Associates—work on a contingency fee basis. This means you only pay if the case is successful, with the fee being a percentage of the final settlement. At your initial consultation, your attorney will explain the firm’s fee arrangement so that you have a clear understanding of your financial obligations.
Can a Wrongful Death Result in a Civil Lawsuit & Criminal Charges?
In many cases, wrongful deaths are caused by acts of negligence. However, other cases stem from criminal acts, such as driving under the influence or physical assault. In these situations, the defendant may face criminal charges.
It’s important to remember that civil and criminal legal proceedings are considered separate under the law. This means that you have the right to pursue a wrongful death lawsuit against the defendant, even if he or she is facing criminal charges for the same incident.
Timeline of a Wrongful Death Case
A wrongful death lawsuit typically follows a structured process. Your attorney from Monge & Associates will guide you through each stage of your claim, helping you prepare and understand what to expect next.
Initial Legal Consultation
Your journey usually begins with an initial consultation with a wrongful death attorney. During this meeting, you present the circumstances of your loved one’s death. The attorney assesses the potential of your claim, explains your rights, and offers insights into the legal complexities ahead.
Pre-Filing Investigation and Negotiations
If you choose to move forward, a rigorous investigative phase follows. Here, evidence is gathered, potential witnesses are interviewed, and the full scope of the incident is reconstructed. This phase is vital for building a robust case foundation. With the evidence in hand, your attorney may approach the at-fault party for pre-trial negotiations. In some cases, wrongful death claims are settled out of court during this phase.
Filing and Discovery
If you are unable to reach a resolution, the formal litigation process begins when your attorney files the lawsuit in civil court. Following the filing, both sides enter the discovery phase. During this period, each party can request documents, conduct depositions, and gather information from the other side. The discovery phase helps to refine arguments and identify potential weaknesses in the case.
Pre-Trial Negotiations
Even after the lawsuit’s filing, settlements can still occur. Attorneys from both sides might engage in pre-trial negotiations, aiming to find a common ground that satisfies all parties involved. If you can reach a settlement, your case will conclude without going to trial.
Trial and Verdict
If negotiations do not yield a satisfactory resolution, the case proceeds to trial. In this concluding phase, attorneys present evidence, witnesses are cross-examined, and arguments are made before a judge or jury. After reviewing all presented facts, the judge or jury renders a verdict. This verdict determines the culpability and the compensation to be awarded, if any.
Cincinnati Wrongful Death FAQs
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit seeks compensation for the death of a person due to another’s negligence or intentional act. The purpose of these claims is to help the deceased’s estate and surviving family members recover from the impact of their sudden loss.
How Much Is a Wrongful Death Lawsuit Worth?
No two wrongful death lawsuits are alike. As such, there is no set or average value for a wrongful death settlement. Your attorney can work with you to calculate the value of your claim and advocate for your right to fair and just compensation.
How Long Does a Wrongful Death Claim Take?
The duration of a wrongful death lawsuit can vary. While some cases may settle in one year or even a few months, others could take several years to conclude. The length of your case will depend on its complexity.
Who Can File a Wrongful Death Lawsuit in Ohio?
In Ohio, the personal representative of the deceased’s estate bears the responsibility of filing a wrongful death lawsuit. This individual, typically named in the deceased’s will, acts on behalf of the family and the estate to seek compensation.
Is There a Time Limit for Filing a Wrongful Death Claim?
Yes, the statute of limitations in Ohio mandates that wrongful death claims be filed within two years from the date of death. If you miss this deadline, you can lose the chance to pursue a lawsuit, so it is important to speak with a lawyer right away to initiate your case.
Is an Attorney Required to File a Wrongful Death Lawsuit?
You are not required to hire an attorney to pursue a wrongful death lawsuit. However, the legal landscape can be challenging to navigate alone. Having an attorney on your side can streamline this process, as your lawyer will handle the legal complexities and advocate aggressively for your family’s right to justice.
Contact a Wrongful Death Attorney at Monge & Associates in Cincinnati, Ohio
If you have lost a loved one due to the negligence of another party, it is important to speak to an experienced attorney as soon as possible to protect your rights. Our Cincinnati wrongful death attorneys can provide you with the guidance and representation you need to achieve justice for your loved one.
Remember, time is of the essence in wrongful death cases. Delaying action may result in the loss of critical evidence or the expiration of the statute of limitations. Don’t hesitate to reach out to a compassionate and experienced Cincinnati wrongful death attorney who will stand by your side throughout the legal process.
Call Monge & Associates today at 513-224-5591 or toll-free at (888) 546-8460 to discuss your case with an experienced Cincinnati wrongful death lawyer.