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Who Can File a Wrongful Death Lawsuit in Cincinnati?

Have you or your loved one suffered from a wrongful death? Did you lose your loved one due to the negligence and fault of someone else?

You can always look forward to filing a wrongful death lawsuit in Cincinnati against the culprit. Filing a lawsuit isn’t something people like to do, but it becomes essential to file one as a deterrent measure in certain circumstances.

Can You File A Wrongful Death Lawsuit In Cincinnati?

Anyone can file a wrongful death lawsuit in Cincinnati, Ohio, if the wrongful death is caused due to the following reasons:

1. Auto Accident

If you lost your dear one in an auto accident, you could file a wrongful death lawsuit against the defendant. The representative of the victim can file a wrongful death lawsuit.

Auto accidents include car accidents. The at-fault driver in a car accident is liable to provide compensation in a wrongful death lawsuit.

2. Medical Malpractice

Medical malpractice can lead to wrongful death due to the wrong decision by the doctor, hospital staff nurse, malfunctioned equipment installed in the hospital, or due to negligence of the doctor or hospital staff.

If you lost your loved one due to any such negligence that could have been avoided, you have the right to seek compensation by filing a wrongful death lawsuit against the hospital, doctor, or hospital staff.

3. Motorcycle And Truck Accidents

No matter what type of vehicle was involved in the wrongful death of your loved one, you can file a wrongful death lawsuit. For example, in the year 2019, around 5000 deaths were reported due to motorcycle accidents in the U.S., as per the data of NHTSA.

Similarly, you can also file a wrongful death lawsuit if the accident which made you lose your loved one involved a truck. You can sue a truck driver or the trucking company to recover the damages.

However, since trucking companies are well established, they have their own attorneys who fight the cases. In such a situation, filing a case with the help of an experienced wrongful death attorney is recommended.

4. Product Liability

If the use of any product has resulted in the wrongful death of someone, such cases fall under product liability wrongful death cases.

False marketing, false safety claims, hiding facts intentionally can be some of the allegations against product liability cases. Such products can be medicine with life-threatening side effects, malfunctioned equipment and parts, and such products lead to wrongful death.

Under such cases, lawsuits are usually filed against product manufacturers, distributors and designers.

5. Workplace Compensation

When the wrongful death is caused at the workplace while occupied with the work stuff, you can seek compensation for wrongful death from the employer or the organization.

Certain kinds of jobs make you more vulnerable to wrongful deaths, like working at a construction site, working under the mines etc. Even working in an office with dilapidated buildings and poor maintenance put you under the radar.

Who Can Act As A Representative In A Wrongful Death Lawsuit?

Can you file a wrongful death lawsuit on behalf of your loved one? Only the children, parent, and surviving spouse of a victim can act as a representative in a wrongful death lawsuit.

This means the people who have the right to inherit the deceased person’s estate are eligible to file a wrongful death lawsuit, as per Ohio’s wrongful death statute.

What Claims Can Be Filed Under A Wrongful Death Lawsuit In Cincinnati?

In a wrongful death lawsuit, the representative can file to claim of both monetary and non-monetary damages. Some of these include:

  • Reimbursement of medical bills
  • Cremation or funeral costs
  • Compensation for lost present and future income
  • Non-monetary damages caused due to pain and suffering
  • Damage to psychological and emotional well being
  • Loss of love, care, companionship, and support

In some cases, you may also be eligible to recover for the punitive damages. These claims act as a deterrent or punishment for the defendant when the wrongful death is caused due to utter negligence and intentional acts.

How Can A Lawyer Help In Filing A Wrongful Death Lawsuit?

Wrongful death lawsuits in Cincinnati are emotionally draining. Handling all the paperwork and understand all the legal claims you are eligible for can be a tough nut to crack for beginners.

Having dealt with similar cases all his life, a wrongful death lawsuit attorney has a better hand over the cases, knows the ins and outs of the laws, and tips and tricks to handle different sorts of cases.

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association