Wrongful Death Attorney in Cincinnati
If a loved one’s death was caused by another’s negligence, a wrongful death lawsuit may provide you and other surviving family members the compensation you need to cope with related expenses and help protect your financial future. To learn more about the compensation you may be eligible to, reach out to a wrongful death attorney in Cincinnati at one of the top firms in the tri-state area, Young, Reverman, & Mazzei, and schedule your risk-free consultation. Our Cincinnati personal injury lawyers are dedicated to helping families through this challenging time and pursuing the money survivors need for medical costs, funeral and burial expenses, and other damages. If you believe a family member’s death was the result of another’s carelessness, call us today at 513-854-8885 or contact us online. We welcome clients from the greater Cincinnati and Dayton, Ohio, areas as well as those from Boone County, Campbell County and Kenton County in Kentucky, and Dearborn County in Indiana. Our attorneys offer free consultations to help you understand your options and the wrongful death claims process, and we don’t charge for our services unless we recover compensation on your behalf.
Table of Contents
What is Wrongful Death?Wrongful death is where the death of a person is a result of careless action or wrongdoing by someone else. At Ohio wrongful death lawyers, we make it our priority to find out the cause of the accident and the holding responsible the party who caused the accident.
What are the Causes of Wrongful Death?Wrongful death is one that happens and could have been prevented if the guilty party was not careless, acting negligently, or recklessly. Incidents or accidents leading to wrongful deaths are catastrophic. Some example of such deaths are:
- Truck accidents
- Car accidents
- Motorcycle accidents
- Cases of medical malpractice
- Premises liability accidents like slip and fall accidents
- Work accidents e.g. construction accidents
- Cases that involve defective product or medical equipment
- Nursing home neglect or abuse
- Preventable birth injuries, e.g. cerebral palsy
- Any type of catastrophic accident that was a result of negligence action or inaction of another
What Needs to be Proven for a Wrongful Death Case to Succeed?For a wrongful death case to be considered valid, there must be proof that the death of the loved one was the result of negligence. In such cases, negligence is defined by the actions or inactions that could have been and should have been avoided. There are places in the U.S such as Ohio where an American has the legal obligation of acting within a given standard of reasonable care. In simpler words, you need to act in a way that isn’t harming other people when it is safe to do so. When someone breaks this duty, it is the point where negligence occurs. Some of the examples of negligence resulting in a wrongful death are:
- When a doctor does not diagnose cancer in time after making the mistake of looking at the wrong x-rays of the patient, and they end up dying because they did not get treatment.
- When a driver texts and it results in a car accident with fatalities.
- When a worksite team doesn’t make the worksite safe and it results in a catastrophic equipment accident leading to death.
How is a Wrongful Death Claim Filed?For a wrongful death lawsuit to be filed, you need to be a family member or beneficiary who has the legal right of pursuing wrongful death damages and appointed to be the legal representative by the one making the claim. You can apply or the probate court if you want to be the representative (Also known as the Executor or Administrator), then file the wrongful death claim on behalf of the deceased if he/she has the following relationship with the deceased and surviving;
- Chosen beneficiary
- Heir or heiress
- Dependent parent
How Much Can You Get in a Wrongful Death Lawsuit?There are many factors surrounding the case that are going to determine the amount you can receive for a wrongful death claim, with some being the parties involved, the factors surrounding the case, and the needs of the family members left behind. In Ohio, depending on the surrounding details of the wrongful death of your loved, you can recover damages for;
- Future lost wages
- Funeral preparations
- Loss of support
- Loss of benefits
- Medical bills of the loved one
- Lost inheritance
- Mental anguish the surviving family have suffered
Factors that Affect the Value of the SettlementThere is no specific amount of settlement for wrongful death, but there are some factors that are going to affect the amount you recover:
- Age of victim
- The past earnings of the victim, and their potential future earnings
- The economic damage suffered by the family of the victim
- Whether the victim was the partial or sole support of the household
- The perception of the jury of the life of the victim in terms of whether they had a positive or negative relationship with their friends, family, and the general public
- The amount of insurance coverage
- How painful the process of grieving is for loved ones
- The perception of the jury to the entity or person responsible for the death of the victim
Does an Estate Need to Be Opened Before Filing Wrongful Death Claim?Before pursuing a wrongful death claim, a representative has to be appointed first so they can handle the legal affairs of the loved one. A representative will take the responsibility of dispersing the belongings of the one, wealth, and property. This is known as “opening an estate,” and can also involve the administration of the will of a loved one, distributing assets, assign custody of dependents, and more.
Do I Have a Wrongful Death Claim?For a wrongful death claim to be valid, the death of your loved one must have been the result of a negligent action by another person. In Ohio, the family members of the deceased including the dependents children, spouse, and parents in some instances, are legally entitled to get compensation for the loss. Any act of negligence can be the cause of a wrongful death claim, and this includes:
- Motor vehicles accidents
- An accident that occurs on another person’s property
- Construction accidents
- Defective products
- Nursing home abuse
- Medical malpractice
The Statute of Limitations of Wrongful Death Lawsuit in OhioThe statute of limitations in cases of wrongful death is two years from the date of death of the deceased. However, some circumstances can result in the modification of the statute of limitations. An attorney is going to look at the details o the case to determine the eligibility to file a wrongful death case.
Call Young, Reverman, & Mazzei for Compassionate RepresentationOur team of experienced and accomplished attorneys represents the survivors and loved ones of individuals who lost their lives due to another’s negligence. We offer free consultations to help survivors understand the wrongful death legal process and to determine how best to pursue your claim. Our attorneys work on a contingent-fee basis, which means you don’t pay unless we successfully resolve your case. Call us today at 513-854-8885 or contact us online to schedule your no-obligation consultation. We proudly represent clients from the greater Cincinnati and Dayton, Ohio, areas. We also serve clients from Campbell County, Boone County and Kenton County in Kentucky, and Dearborn County in Indiana. Please see our locations page for a complete list of our offices and directions.
"Jay bolton really took care of me and cared about my case and time. Great attorney very professional gets the job done!"
"Excellent group of Attorneys and staff, they were a tremendous help to my family and I."
I work with this office on a daily basis. Always prompt on returning emails and phone calls. We enjoy doing business with this firm.Highly recommended.