Dayton Wrongful Death Lawyers

Unfortunately, many accidents end in fatality. These are cases of wrongful death and they too can be pursued legally. Although the person who was killed cannot take their case to court, the family of that person can file a wrongful death claim. The reckless behaviors or negligent inactions of another person should not go unaddressed simply because the person who lost their life is not around to pursue the matter. The loved ones of someone who has been killed as a result of wrongful death have just as much right to seek justice on behalf of their loss.

Wrongful death claims are brought by civil action when the loved ones of the deceased are attempting to be compensated for death-related expenses. These may include the financial strain that may be put on the family as a result of lost income, medical expenses that the family has been left with, or grievance and bereavement compensations.

Personal injury and wrongful death lawsuits have one thing in common: They arise when the negligent, reckless, or intentional actions of another cause one to suffer harm. Whatever the particular instances of the claim, both cases involve negligence. Other than that common factor, these claims are very different and their differences must be understood before a person attempts to file either of them. The key difference in these cases is who brings the case forward. Injured victims file personal injury lawsuits, while surviving family members can file wrongful death claims on behalf of a loved one who has passed. 

In Ohio, if someone’s wrongdoing causes death, then the decedent’s representative can file a wrongful death claim on his or her behalf. This is usually a close family member such as a spouse, parent, or child. It doesn’t matter if the now-deceased victim filed an injury lawsuit before dying.

It is important to note that a statute of limitations exists in cases of wrongful death claims. This time period is typically two years from the date of death to bring a wrongful death claim in Ohio.  This means that there is a time limit for how long you can wait before filing a wrongful death claim, so you must act quickly when addressing these issues if you and your loved ones wish to receive accurate compensation.

In matters like this, it is important to speak to a personal injury lawyer to make sure all of your rights are protected.

Wrongful death claims are emotionally complex and legally challenging. An experienced attorney can help you navigate the legal process while you focus on healing.  Our lawyers are here to help you understand your rights and seek the compensation your family deserves. Expect and experienced wrongful death lawyer to negotiate with insurance companies, calculate the full value of your losses, build a compelling case, and represent you in court if settlement is not possible.

We work on a contingency fee basis, meaning you don’t pay anything unless we win your case. That includes all case-related expenses, expert consultations, and hours spent building your claim. We take our fee from the final recovery, not from your pocket.

In most wrongful death cases, you will not be barred from recovering compensation even if you or your loved one was partially at fault for the death. A person becomes partially at fault when their injuries were sustained as a result of negligence on behalf of another party, but not completely. If you think that just because you were partially responsible for your injuries that you are not liable to compensation, you are. Whether you were involved in a construction accident, a slip and fall accident, or any other type of accident where you sustained injuries, you may be entitled to compensation even if you are partially to blame.

In every wrongful death case, your primary goal is to secure a timely settlement. This is accomplished through informal talks and formal discussions that are commonly called “mediation” sessions. At a mediation session, lawyers and both parties are present at the conference table. The lawyers will speak for their clients, presenting each side of the case. The mediator that is present to steer the course of the session will ask questions of the parties themselves and after this session is over, ask questions of each side individually.

Any recovery in a wrongful death claim will depend on the unique facts and legal issues involved in the case. Some of the factors that can contribute to the amount of compensation may be extent of injury, the time it takes to recover, the amount of negligence that contributed to the injury, the nature of the people involved, and the evidence that is brought forth. If you are in need of an estimate for your particular injury case, it would be best to consult with a personal injury lawyer.

It is near impossible to determine the exact amount that you may be able to recover because of the countless unique factors particular to every case. If you were injured on the job at the fault of your employer and you had to take time off of work, it is likely that you will be compensated for your lost wages during your recovery time.

Another thing that likely would be compensated for would be necessary medical expenses. Again, varying case to case, but it is likely you will at least get your medical expenses relating to said injury covered. In order to accomplish that objective, your claim must be thoroughly investigated and analyzed by varying professionals, including consulting with experts and researching databases that will help to determine the fair amount for your type of claim. This preparation not only helps when in front of a judge, jury, or arbitration panel, but it also gives a position of strength at the negotiating table when seeking to secure a timely settlement.