If you have lost a loved one because of another person’s intentional actions or because of an accident, you may want to consider filing a wrongful death claim against the responsible party. A wrongful death claim in Cincinnati could help you recover the damages that your family suffered because of the loss of a loved one. There are specific wrongful death laws in place in Cincinnati and the state of Ohio that must be followed in order to pursue a successful claim. You should consult with a Cincinnati wrongful death attorney right away to ensure your family’s rights and interests are protected. For aggressive legal representation when it comes to a Cincinnati wrongful death claim, you should consult with the experienced lawyers at the Ohio Car Accident Lawyers. We have wrongful death lawyers experienced in handling such claims.
What is Considered a Wrongful Death within Cincinnati?
Just like most other states, Ohio wrongful deaths are governed by the Ohio Revised Statues section 125. Those statutes are very specific and define wrongful death as a death resulting from the “wrongful act, neglect, or default” of another person. The family of the person who died as a result of wrongful death has the right to pursue the wrongful death claim if their loved one would have been entitled to pursue a Cincinnati personal injury claim if the injury had not resulted in the death of the individual. Wrongful death claims can be viewed as Cincinnati personal injury claims where the party who was injured cannot file his or her own claim against the responsible party in a court of law. A wrongful death claim in Cincinnati can be filed on behalf of the estate of the deceased person for surviving family members. The settlement will be divided among the survivors based on Ohio state laws.
Who Can Pursue a Cincinnati Wrongful Death Claim?
Ohio laws pertaining to wrongful death claims specify that the “personal representative” of the deceased party file the wrongful death claim in court on behalf of the deceased party’s estate. Only an individual can serve as a personal representative of the deceased party. A business, corporation or other entity cannot serve as a personal representative. However, the wrongful death claim can pursue damages on behalf of the deceased individual’s surviving family members in addition to the estate in general. If you have questions regarding who will serve as your loved one’s personal representative or how to proceed with a wrongful death claim in Ohio, consult with a Cincinnati wrongful death attorney at the Ohio Car Accident Lawyers.
According to Ohio laws, there are specific presumptions regarding which family members are more likely to incur losses regarding the death of a family member and how those losses should be compensated. Among those Ohio law believes should receive compensation for losses are the surviving spouse, any surviving children, and surviving parents. Any other relatives, such as grandparents and siblings are not presumed to have suffered compensable losses, but if they can prove otherwise in court that they have suffered a compensable loss the court can award damages.
The Statute of Limitations: Toledo, Ohio
Most civil lawsuits have a statute of limitations to be filed and wrongful death claims are not different. This means there is a specified timeframe where can file a claim to request damages for your losses resulting from the death of your loved one. Ohio allows two years from the date of your loved one’s death to pursue legal action for a wrongful death claim. If you wait longer than two years, the defendant can file a motion to have the case dismissed and odds are that will most likely happen. Cases can be impacted by different factors, so you should consult with a Cincinnati wrongful death attorney right away to ensure the claim is filed in time so damages can be recovered.
Kinds of Damages Pursued in Cincinnati Wrongful Death Claims
There can be a variety of losses that result from a wrongful death case. If you have suffered the loss of a loved one because of an accident or intentional act, here are some of the damages your lawyer might help you pursue through a Cincinnati wrongful death claim:
- Loss of support based on the deceased party’s regular income.
- Loss of care, companionship, advice, guidance and instruction from the deceased person.
- Loss of services such as yard work, childcare, and housework that the deceased party would have performed.
State inheritance laws determine how the wrongful death settlement damages are divided among the heirs. If all the surviving family members are related to the deceased party to the same degree, the court will ensure the damages are split equally. If a woman who had no surviving spouse or surviving parents was survived by two children, the settlement would be equally divided between those children after the legal fees have been deducted.
The deceased party’s surviving spouse is eligible for damages, even if he or she has remarried before the case goes to court. However, the court will take into consideration that the spouse has remarried before the claim was settled. That might impact the amount of the settlement he or she receives.
Schedule a Consultation with a Cincinnati Wrongful Death Lawyer
If someone else’s negligence or intentional actions have led to the death of your loved one, you should consider filing a wrongful death claim so you can recover your losses. Ohio Car Accident Lawyers’s attorneys have a combined 190 years of experience helping those who have been injured or lost loved ones. With extensive experience in helping clients with wrongful death claims, you will be treated with care and compassion. Our lawyers will aggressively pursue your claim to ensure you are treated fairly and to make sure your rights are protected throughout the entire Cincinnati wrongful death claim.
You don’t have to worry about the expensive costs of hiring a lawyer. Working on a contingency basis, we won’t get paid until we win your case. We then receive a percentage of the settlement. That percentage is agreed upon when you retain us to pursue your claim. We consistently provide high-quality representation and have successful Cincinnati wrongful death claims to our credit. If you have suffered the loss of your loved one and would like to pursue a wrongful death claim, you should schedule a consultation with the Ohio Car Accident Lawyers. We will help you get your claim filed before it is too late.
