Please accept our deepest condolences if you recently lost a loved one in a tragic accident. When the death is preventable, the grief often becomes overpowered by a desire for justice. A wrongful death lawyer in Cincinnati will help you prove the at-fault party’s negligence and recover maximum compensation.
The legal team at Cooper Elliott has more than 100 years of combined legal experience. We have recovered over $700 million for our clients during our practice. Our Cincinnati personal injury lawyers have helped many families rebuild their lives after the untimely death of a loved one. Call our law firm today to schedule a free initial consultation.
Our Cincinnati Wrongful Death Attorneys Offer Compassionate Legal Support
Various types of accidents can result in the loss of life. Since opening the law firm in 1995, we have handled many cases. Our lawyers will carefully listen to your account and investigate the circumstances surrounding the incident to better understand what happened.
In addition to wrongful death lawyers, our Cincinnati team also includes the following legal professionals:
- Car accident lawyers
- Motorcycle accident lawyers
- Truck accident lawyers
- Pedestrian accident lawyers
- Bicycle accident lawyers
Don’t hesitate to contact us after losing a cherished family member. Our team will craft customized legal strategies designed to align with your unique case and personal objectives. Whether you’re seeking justice, closure, or financial compensation, we will advocate for your rights.
For a free legal consultation with a wrongful death lawyer serving Cincinnati, call 614-481-6000
Can I File a Wrongful Death Damage Claim in Ohio?
Ohio is not like some other states where surviving family members can file a wrongful death claim. Instead, the personal representative or the “executor” of the decedent’s estate is responsible for taking legal action under Ohio Rev. Code § 2125.02.
The executor of the estate is usually mentioned in the will. If the deceased victim had no will, a suitable representative will be nominated by the court.
Cincinnati Wrongful Death Lawyer Near Me 614-481-6000
Recoverable Wrongful Death Damages
While only the personal representative of the decedent’s estate can file a claim, they do so for the benefit of family members. The surviving spouse, children, parents, or next of kin can recover compensation.
The following damages could be recovered through a wrongful death claim:
- Funeral and burial expenses
- Mental anguish
- Loss of services
- Loss of support
- Loss of companionship
The purpose of these damages is to provide compensation to the surviving family members for the losses they’ve endured due to the wrongful death of their loved one. The probate court is responsible for distributing these proceeds to eligible beneficiaries.
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Recoverable Damages Through a Survival Action
In Ohio, the executor of the deceased victim’s estate has the authority to file either a wrongful death claim, a survival action, or both. Although these legal avenues both aim to address the consequences of the loss of life, they serve distinct purposes and target different aspects of the aftermath.
A wrongful death claim compensates surviving family members for the losses they’ve endured as a result of the death. However, a survival action is taken on behalf of the deceased person’s estate to recover damages for losses suffered by the deceased before their passing.
Available damages through a survival action include:
- Lost wages
- Medical bills
- Pain and suffering
The compensation granted for these losses is incorporated into the estate of the deceased victim and distributed in accordance with the terms of the will. Consequently, the recipients of damages from wrongful death and survival action may differ. A Cincinnati wrongful death attorney at Cooper Elliott can assess the types of damages you may be eligible to receive.
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Proving Negligence in an Ohio Wrongful Death Case
Negligence refers to someone’s failure to exercise reasonable care, leading to the death of another person. Legally, negligence occurs when a party breaches a duty of care owed to the deceased, resulting in foreseeable harm.
Our wrongful death attorneys in Cincinnati will establish negligence by demonstrating the following key aspects:
- Duty of care: The at-fault party owed a duty of care to the victim. This duty typically involves acting with reasonable care to prevent harm to others. For instance, truck drivers have a duty to operate their vehicles safely to avoid accidents.
- Breach of duty: The defendant breached their duty of care by not meeting the required standard of conduct. This breach could involve actions such as speeding, medical malpractice, or drunk driving.
- Causation: There is a link between the negligent party’s breach of duty and the victim’s death. We will show that the defendant’s omissions or actions led to the fatal injury and that the death was a foreseeable consequence of their recklessness.
- Damages: Your Cincinnati wrongful death lawyer will calculate the damages suffered by the surviving family members after the deadly accident.
Ohio’s Statute of Limitations for Wrongful Death Lawsuits
The statute of limitations determines how long plaintiffs have to take legal action against the defendant. While most wrongful death cases must be filed within a two-year window, exceptions may apply. After reviewing your claim, a wrongful death attorney in Cincinnati will determine the deadline that applies to your case.
If the necessary documents are not filed before the statute of limitations runs out, you may lose the chance to fully recover your losses. Hire an attorney as soon as possible to give us more time to strengthen your claim.
Cooper Elliott Will Uncover the Truth After a Wrongful Death
Experiencing the loss of a cherished family member due to someone else’s wrongdoing is deeply distressing. We understand the profound toll such a loss can take on surviving family members and offer empathetic support during this challenging period.
Our dedicated team will investigate the circumstances of your loved one’s passing, building a robust case to hold the responsible party accountable. Contact Cooper Elliott today, and we can start the healing journey together.
Call or text 614-481-6000 or complete a Free Case Evaluation form
