Wrongful Death Attorney in Cincinnati: Understanding Legal Rights and Recourse
A traumatic and terrible thing a family might face is the untimely death of a loved one. The loss is all the more tragic because the death may have been avoided. In case they were in a car accident, consider hiring a wrongful death attorney in Cincinnati.
Every state has laws pertaining to wrongful death and the requirements a plaintiff must meet to prevail in court. The definition of these incidents in Ohio is the same as in other states.
Usually, a family member filing a wrongful death lawsuit in Ohio on behalf of their family does so to recover damages for injuries they sustained as a result of the loss of a loved one. The most important thing to remember is that the family member will only win the case if the loved one’s death came from the wrongdoing, default, or negligence of another person.
In such cases, it’s important to hire a wrongful death attorney in Cincinnati, as these legal professionals know how to navigate the proceedings and increase your chances of winning the lawsuit.
The Basics
| Statutes | Section 2125.01 | Action for Wrongful Death |
| Who Can File the Lawsuit | Section 2125.01 states that the following people who have suffered loss because of the wrongful death of their loved ones can file the lawsuit:The deceased person’s spouseSurviving parentsAll children (including adopted ones)Note: Brothers and sisters and extended family members who were dependent on the deceased can also file a wrongful death lawsuit. However, they will have to prove that they were affected directly by the death. |
| Possible Damages Available | Emotional suffering and pain experienced by the deceased’s familyLoss of consortium, companionship, care, protection, assistance, attention, advice, instruction, guidance, counsel, training, and educationLoss of financial support due to the earnings of the deceasedLoss of services from the deceasedLoss of future inheritance that someone else claimed |
| Statute of Limitations | 2 years from the deceased’s departure (Oh. Rev. Code § 2125.02(D)) |
Comparative Fault in Ohio
Ohio follows a comparative fault rule, which can impact wrongful death claims. Under Ohio Revised Code Section 2315.33, if the deceased was partially at fault for the incident that led to their death, the compensation awarded to the survivors may be reduced by the deceased’s percentage of fault. For example, if the deceased was found to be 30% at fault for a car accident, the damages awarded would be reduced by 30%.
Steps to Take After a Wrongful Death
If you believe that a loved one’s death was due to someone else’s negligence or wrongful actions and you were harmed as well, it is important to hire a wrongful death attorney in Cincinnati. Take the following specific steps to protect your legal rights:
- Consult a wrongful death attorney in Cincinnati: Engage a wrongful death attorney who is experienced in Ohio law. An attorney can provide guidance, evaluate the strength of your case, and represent your interests in court.
- Collect Evidence: Gather any evidence related to the death, including medical records, accident reports, witness statements, and any other relevant documentation.
- File a Claim: Work with your wrongful death attorney in Cincinnati to file a wrongful death claim within the statute of limitations.
- Prepare for Litigation: Be ready to engage in the legal process, which may include negotiations, discovery, and possibly a trial.
Ohio’s wrongful death laws are designed to provide a legal avenue for families who have lost a loved one due to another’s wrongful actions. Understanding these laws, the legal process, and who can file a claim is important for seeking justice and compensation.
Call Now Your Wrongful Death Attorney in Cincinnati
Get professional legal counsel if you are thinking about filing a wrongful death lawsuit on behalf of your family member. The experienced attorneys at Bey & Associates are available to offer you the assistance and defense you require during this trying time. For a free consultation, call (770) 525-9491.
