Cincinnati allows a person’s spouse, children, parents, and dependents to receive wrongful death benefits after a tragic accident. However, Ohio only allows a deceased individual’s personal representative to pursue those wrongful death benefits on a family’s behalf.
If you’re not sure whether or not you are entitled to wrongful death benefits in Cincinnati or if you can represent a deceased loved one, book a free case consultation with an experienced Cincinnati wrongful death lawyer. We can break down Ohio’s intestate laws, the process of fighting for benefits, and the specific damages you can take away from a wrongful death case.
Who Receives Wrongful Death Benefits After a Tragic Accident?
Cincinnati personal injury lawyers can help a deceased individual’s family take possession of their wrongful death benefits only after someone initiates a wrongful death claim on the family’s behalf. The family members that most directly benefit from this post-life support can include the following:
- The deceased’s spouse
- The deceased’s parents
- The deceased’s children and/or other dependents
There are rare circumstances in which grandparents, cousins, and other relatives may receive wrongful death benefits, but these parties don’t receive support by default.
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Who Can File a Wrongful Death Claim in Cincinnati?
While all of the aforementioned parties can benefit from a wrongful death claim, not all of them can file a loved one’s wrongful death claim. Ohio state law only allows the deceased’s personal representative, or executor, to take legal action in their name.
Our team can help a personal representative go through the claim filing process if a representative wants to hold a negligent party responsible for their loved one’s passing. We can even help families determine who among them serves as a deceased loved one’s personal representative in cases where the designation isn’t clear.
How Can Someone Elect a Personal Representative?
There’s no formal process that someone needs to go through to elect someone as their personal representative. Instead, most people find a loved one or family member who they trust with their estate. The acting party then names their personal representative in their will.
Unfortunately, not everyone has time to name a personal representative. If someone dies without naming an executor, the state of Ohio may elect someone on the deceased’s behalf. The person the state elects will have an obligation to help distribute resources to the parties entitled to wrongful death benefits in Cincinnati.
What Information Should a Personal Representative Include in a Wrongful Death Claim?
When a personal representative files a wrongful death claim, they need to include a suite of information about the accident that led to a loved one’s death. A successful claim must:
- Identify the party liable for a loved one’s death
- Present a court with evidence of a liable party’s negligence
- Elaborate on the value of a loved one’s losses
- Elaborate on the value of survivors’ losses
You make all of these points with evidence. Our Cincinnati wrongful death attorneys can gather hard data on your behalf while you plan a funeral and grieve. We can then compile that evidence into a completed claim before breaking down our analysis for your benefit.
You may bring any questions you have about our investigative process and your fight for wrongful death damages to a free case assessment with our staff.
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What Damages Can Families Take From a Wrongful Death Claim?
The damages your family walks away with after completing a wrongful death claim can help you cover losses like the following:
- Premortem medical care, including emergency medical treatments and ambulance fees
- Hospice and pain management
- Funeral expenses
- Property damage
- Lost wages and/or reduced income
- Emotional distress
- Pain and suffering
- Reduced quality of life
- Loss of consortium
- Loss of companionship
We determine the value of non-economic losses like loss of consortium and companionship so you can maximize your settlement. We know that support will never replace your loved one, but we hope it can make the months following their death easier to bear.
How Can You Get Damages After a Loved One’s Wrongful Death?
No one can force you to go to trial after a loved one’s death. If you want to receive compensation for a loved one’s losses, you can work with an attorney to negotiate for the support you deserve. However, we know most families don’t want to meet face-to-face with the person responsible for their loved one’s death.
We can keep negotiations as hands-off as you like to account for your emotional well-being. We can also forgo settlement negotiations in favor of a trial, especially in cases where a liable party refuses to acknowledge their role in a victim’s passing.
No matter what path forward you choose, you can count on our support to divide your winnings between all of a deceased person’s benefactors. We make this process simpler by outlining the legal explanations for the division of the deceased’s property.
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It’s Time to Book a Free Case Consultation With Our Cincinnati Wrongful Death Lawyers
Tragic, unanticipated deaths are more than unfair. The loss of a loved one can leave you floundering without essential financial support. Even if your loved one established a trust, you may still struggle to stay on top of your bills. Fortunately, you may be entitled to Cincinnati wrongful death benefits.
You can work with a wrongful death attorney in Cincinnati to determine:
- Whether you have the right to file a wrongful death claim in a loved one’s name
- What damages you can receive when filing a claim
- What right you have to distribute those damages among beneficiaries
If you’re ready to learn more about the process of filing a wrongful death claim and its impact on your recovery, you can book a free case evaluation with oCooper Elliott today.
Call or text 614-481-6000 or complete a Free Case Evaluation form
