If you lost a loved one in an accident, you might have grounds for a wrongful death lawsuit against the at-fault party if negligence, recklessness, or incompetence caused or contributed to your loved one’s death.
Our Cincinnati wrongful death lawyer may be able to help you identify the party responsible for your loved one’s death and fight for compensation on your behalf. You can use that compensation to pay bills or debts or to help support the deceased’s dependents.
We Can Help You File a Cincinnati Wrongful Death Lawsuit
In general, wrongful death lawsuits are filed to compensate the victim’s family for their losses and damages related to the victim’s death. Such cases do not aim to initiate criminal proceedings against the negligent or reckless parties responsible for the fatal accident.
Filing a wrongful death suit may involve some or all the following steps. A wrongful death lawyer from the Fitch Law Firm LLC will:
- Collect all available evidence: We will look for witnesses, request police reports or surveillance camera footage, and much more.
- Fill out important paperwork: By letting us handle the paperwork, you eliminate the possibility of making a clerical error that brings the case to a premature end.
- Meet with the other side: We will notify the liable party about your lawsuit and even negotiate with their insurance company for appropriate compensation.
- Fight for you in court: While it is often preferable to accept a pretrial settlement, this is not always possible. In such cases, we will take your case to trial.
When you hire our Ohio-based firm to manage your Cincinnati wrongful death case, you grant yourself the peace of mind to focus on healing with your family. We will guide you through the legal process by:
- Answering all questions: There is no such thing as a foolish question. Feel free to ask as many questions as you want; we are always here for you.
- Helping you make important decisions: We would be happy to explain the pros and cons of all your options and suggest the ones that may be best for you.
- Evaluating your case at no charge: Everyone who calls our office can speak with a member of our team at no cost and with no obligation.
- Working on a contingency basis: Our clients never have to pay us attorney’s fees unless and until we win money for them.
Generally, wrongful death victims in Ohio only have two years to begin a legal case, per Ohio Revised Code Section 2125.02. For this reason, it is a good idea to get in touch with us as soon as you can following a wrongful death.
For a free legal consultation with a wrongful death lawyer serving Cincinnati, call 614-545-3930
Wrongful Death Damages in Cincinnati
Losing a loved one can have a substantial negative impact on your emotional health and your financial well-being. In addition, the fatal injuries may have caused your loved one significant physical, mental, and economic distress, especially if they did not succumb to their injuries right away.
It, therefore, makes perfect sense that you are allowed to seek compensation for both economic (financial) and non-economic (physical and psychological) losses related to the wrongful death. More specific examples of each are included below.
Economic damages include:
- Medical expenses
- Repair expenses
- Loss of wages and/or financial support
- Funeral and burial expenses
- Other end-of-life expenses (e.g., settling the deceased’s debts)
Non-economic damages include:
- The deceased’s pain and suffering
- The survivors’ emotional anguish
- Reduced quality of life before the deceased’s passing
- Loss of the deceased’s presence and companionship
- Scarring, disfigurement, or disability
What types of damages you can collect – and how much you can recover – vary from case to case. Our team can help you figure out which types of damages your family may qualify for.
Cincinnati Wrongful Death Lawyer Near Me 614-545-3930
Fault and Liability in Cincinnati Wrongful Death Cases
You can file a wrongful death lawsuit if you can prove:
- Your loved one was the victim of a breach of duty of care. In short, someone else had a responsibility to ensure your loved one’s safety, but they did not fulfill that duty.
- This breach of duty of care directly or indirectly caused your loved one’s injuries.
- Your loved one’s injuries caused their death. They may have also caused them significant physical, mental, and financial damages before their death.
Below are some examples of the kinds of wrongful death cases we accept. They show how negligence or recklessness can lead to an accidental fatality and how fault and liability can be determined for different cases.
Motor Vehicle Accidents
Motor vehicle accident fatalities can involve:
The at-fault parties for vehicle accidents may include:
- Vehicle operators and owners
- Service and maintenance teams
- Loading and cargo teams
- Road repair teams
- Product manufacturers
Anyone driving on the road owes a duty of care to other road users and must drive safely and responsibly. Trucking companies owe a duty of care to the public; they must train their drivers and hire qualified drivers. Maintenance teams may be held liable for an accident if they come up short in performing vehicle repairs or road services.
Nursing Home Abuse and Medical Negligence
Nursing homes and hospitals owe a duty of care to their residents in that they must provide safety, security, supervision, and medical care to residents based on their needs.
Nursing home residents can suffer abuse and sustain injuries in many ways, such as:
- Physical abuse
- Sexual abuse
- Financial abuse
- A lack of worker training and resident supervision
As for medical malpractice, the journal Studies in Health Technology and Informatics published a study in 2017 that states that about a quarter of a million people might be killed every year due to preventable medical treatment mistakes. Examples of medical malpractice include:
- Delayed diagnoses
- Surgery errors
- Treatment mistakes
- Drug dosage errors
- Administrative issues
- Birth injuries
- Poor post-op care
The following parties may share partial liability for a patient or resident fatality, depending on the context and how the accident in question occurred:
- A doctor
- A nurse
- A health care worker
- A nursing home staff member
- A nursing home administrator
- A hospital
- A care facility
Other Wrongful Death Causes
Beyond the above, wrongful deaths may result from personal injuries stemming from:
- Product liability issues
- Aviation accidents
- Workplace accidents
- Recreational accidents
A Cincinnati wrongful death lawyer from the Fitch Law Firm LLC can walk you through everything you need to know about filing a lawsuit. During this difficult time, you deserve professional representation to take the legal burden off your shoulders.
Cincinnati Wrongful Death Cases FAQ
The unexpected loss of a loved one is never easy. You may have unanswered questions about the wrongful death process, how to move forward with your case, and how to get justice for your family member’s death.
For this reason, we have answered some of the most frequently asked questions regarding wrongful death claims in Cincinnati below. If you have questions not answered here, you can reach a wrongful death attorney in our Cincinnati office to discuss your individual concerns.
Will the Liable Party Face Criminal Charges in a Cincinnati Wrongful Death?
When someone else’s negligence or misconduct causes your family member’s death, they may face criminal charges in addition to the civil action you file against them. The state’s prosecuting attorney can file criminal charges only after the police department investigates the incident. A person who faces criminal charges could serve time in prison, pay fines, and other face other penalties.
If you are pursuing a wrongful death lawsuit, it is important to know that criminal cases and wrongful death actions are two different legal matters. Be advised that one case’s outcome does not necessarily affect the outcome of the other. The burden of proof for civil and criminal cases is different, so a negligent party can still face civil charges, even if they are not found guilty of criminal charges.
What if a Criminal Court Finds a Defendant ‘Not Guilty?’
If a defendant was charged criminally and acquitted, this may have no bearing on the outcome of your civil wrongful death claim against them. However, if the defendant was convicted in criminal court, this conviction might possibly be used as evidence to support your case. Additionally, as mentioned earlier, an attorney must prove the four elements of negligence to establish liability in a Cincinnati wrongful death case, which are duty, breach of duty, causation, and damages.
Who Has the Authority to File a Wrongful Death Action in Ohio?
Ohio law designates specific parties as eligible to file a wrongful death action. The personal representative of the decedent’s estate has the right to file a wrongful death case under the Ohio wrongful death laws.
This individual could be anyone the decedent named to handle their estate upon their death, such as their surviving spouse, siblings, parents, or other third parties. Any damages awarded in a wrongful death claim will be for the benefit of the decedent’s surviving family members.
Will I Have to Go to Court for a Cincinnati Wrongful Death Case?
In most wrongful death cases, you may need to bring your case to court if you hope to recover the compensation your family is entitled to and get justice for your family member.
However, if the insurance company’s settlement meets your needs, you may be able to accept its offer, which means you would avoid bringing your case to court and going through the litigation process. If you receive an offer from the insurance company, you can review it with our attorney before making any final decisions. Having legal counsel on your side ensures you protect your rights and interests as you pursue damages.
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Let Us Work on Your Cincinnati Wrongful Death Case
If you lost a loved one in an accident caused by recklessness or negligence, we are just a phone call away. A wrongful death lawyer from our Cincinnati office can help you collect evidence, evaluate your losses, and file a lawsuit on behalf of your loved one.
Call the Fitch Law Firm LLC for a free case evaluation to learn more about how we can help you build your wrongful death case.