Why Hire an Ohio Wrongful Death Attorney?

Losing someone you love is overwhelming enough. Yet, if the passing of that loved one was due to the negligence, carelessness, or misconduct of another, suddenly, there are a variety of legal questions to contend with as well.

A wrongful death attorney in Ohio can clarify who can file, what evidence is needed, and potential damages recoverable due to the wrongful act, neglect, or carelessness of the responsible person.

Ohio law allows a wrongful death claim if a person’s death results from a wrongful act, neglect, or default that would have supported a claim if they had survived. The claim is brought by the personal representative of the estate.

Key Takeaways
If you and your family are trying to decide whether to call a lawyer about a wrongful death claim, start with the basics.

• A wrongful death attorney helps investigate what happened and determine whether you have a valid claim.
• In Ohio, wrongful death claims are generally brought by the personal representative of the estate, not simply by whichever family member calls first.
• While Ohio law is not fully settled on this issue, the wrongful death statute in Ohio gives families two years from the date of death to file a wrongful death action.
• A lawyer can help identify liable parties, preserve evidence, value damages, and handle the insurance process.
• The sooner you speak with an attorney, the easier it usually is to protect records, witness accounts, and other important proof.

Wrongful death claims typically involve fatalities as a result of the negligent conduct of others, including car accidents, medical mistakes, workplace accidents, and other incidents that could have been prevented. Investigations, strong documentation, and clear demands for compensation are essential to wrongful death claims.

Why Do I Need an Ohio Wrongful Death Attorney?

A wrongful death attorney helps your family look at the facts of the case and figure out how the law applies to your situation in Ohio. Their work typically involves investigating the death and determining who was at fault.

This process includes gathering evidence, identifying records and reports that can support the case, and addressing issues related to the estate. They will calculate the damages that can be claimed by your family, and they will handle all the legal aspects of taking suit against those at fault for your loved one’s death.

These types of cases typically involve working with insurance companies, reviewing medical records, obtaining expert opinion reports, and negotiating with lawyers on behalf of the at-fault parties, all while preserving the evidence in the investigation.

Why Wrongful Death Cases Are Different From Other Injury Claims

While wrongful death cases do share some of the same principles as personal injury cases, there are some aspects of wrongful death claims that are different from these types of cases. These cases often involve estate issues, emotional and economic damages to the next of kin or heirs due to wrongful death, and other legal issues that the deceased’s family members may have never dealt with before.

In Ohio, wrongful death cases are handled differently for a specific reason. The wrongful death case is brought by the personal representative of the estate. The damages from the case are intended to benefit the specific individuals who are surviving the deceased and their next of kin, not just one member of their family.

Ohio law also specifically lists specific compensatory damages. These compensatory damages include loss of support, loss of services, loss of society, loss of prospective inheritance, mental anguish, and reasonable funeral and burial expenses.

How A Wrongful Death Lawyer Identifies Whether You Have A Case

Many people hesitate to speak with an attorney due to the belief that their situation does not qualify as a wrongful death.

A wrongful death lawyer can help answer questions such as:

• Was the death the result of negligence?
• Do we have evidence to show a wrongful death?
• Who is at fault for the death?
• Who should be the personal representative for the deceased?
• Are there policies that can be leveraged to recover for the deceased?
• Are there issues related to the time period in which the wrongful death occurred?

The lawyer will review the case to determine whether it qualifies as a wrongful death, as some wrongful death cases can look straightforward but are legally complicated, while others may look unclear at first and turn out to support a strong claim.

How A Wrongful Death Attorney Helps Preserve Evidence In an Automobile Accident

Evidence can quickly disappear after a fatal accident or incident. Cars get repaired. Surveillance footage gets overwritten. Business records get updated, and people get difficult to locate.

A wrongful death attorney helps to preserve things like:

• Accident reports or incident reports
• Medical records and billing records
• Surveillance or dashcam footage
• Witness names and statements
• Scene photos and physical evidence
• Employer records or maintenance logs
• Internal policies, complaints, or communications

Record preservation is one of the major reasons that wrongful death attorneys encourage families who may have a wrongful death claim to not wait too long. Early action to file a claim helps to ensure the preservation of this evidence.

How an Ohio Wrongful Death Lawyer Helps Prove Liability

Just stating that someone was at fault for the wrongful death is not sufficient. There has to be evidence to support wrongful death claims that can answer questions such as:

• Was the driver distracted, impaired, and/or speeding?
• Did the hospital, doctor, or provider fail to provide the level of care that was required of them?
• Did the property owner fail to fix a dangerous condition?
• Did the company fail to maintain their equipment and procedures?
• Did the nursing home fail to provide the level of care to the patient that is required of them?

For example, to win a wrongful death case based on negligence, you will have to prove that the individual you are suing had a duty of care towards the deceased, failed to provide that care, and that their failure of that care resulted in death and damages that resulted from that death.

A Wrongful Death Attorney Helps Identify All Liable Parties

Many wrongful death claims involve one party, but that is not always the case. Depending on the situation, there can be several liable parties. These can include:

• An at-fault driver
• An employer
• A trucking company
• A property owner
• A hospital or medical provider
• A product manufacturer
• A contractor or maintenance company

Being able to determine who is at fault for the death is critical to the wrongful death claim and the value of the case. For example, in some cases, you may be able to sue a hospital for negligent care. It will help determine what type of evidence is needed and whom to notify about the case.

How A Wrongful Death Attorney Helps Calculate Damages

Families may be prepared to handle funeral and income-related damages, but there are other forms of loss that Ohio law recognizes.

Compensatory damages can include losses related to:

• Support from the deceased based on their earning potential
• Services that the deceased would have provided to the claimant
• Society loss due to the passing of the deceased
• Prospective loss of financial support
• Inheritance loss
• Mental anguish
• Funeral expenses

A wrongful death attorney will document these different damages to the family. That can include financial records, employment information, testimony from family members, expert input, and other evidence showing the full impact of the loss.

A Lawyer Handles Insurance Companies So You Don’t Have To

Insurance companies can be tricky when filing claims for wrongful death. They may try to dispute the fault of the party that caused the death, or may try to offer a low settlement to the family.

A wrongful death attorney can help by:

• Taking over communication with insurers
• Responding to requests for records or statements
• Pushing back on low settlement offers
• Presenting evidence in a way that supports the claim
• Protecting the case from avoidable mistakes

A wrongful death attorney can handle communications with insurance companies to ensure that the family is not pressured to make poor deals or decisions. The attorney can also represent the family in making claims and negotiating with the insurance company, even if the case never goes to trial.

Questions To Ask Before Hiring A Wrongful Death Attorney

Not every attorney or firm will be the right fit for your family. However, there are some great questions to ask before hiring someone to represent you.

Some of the questions you can ask include:

• Have you handled cases like this before?
• Who will be working on my case?
• What is the first step forward?
• What kind of evidence do I need to preserve now?
• How will fees and expenses work out for me?
• What are some of the challenges in this case?
• How often will I hear from the attorney about the case?

There is no perfect script for this interview. However, you want to leave feeling that the attorney understood your perspective and challenges, and is confident about the next steps they’ll take in your case.

How YD Legal Can Help

If your family is searching for a wrongful death attorney in Ohio, YD Legal can help you understand your options. Contact us for a free consultation with an attorney who will review what happened and how the law may apply to your situation.

Frequently Asked Questions About Wrongful Death Attorneys

What does a wrongful death attorney do?
Wrongful death attorneys investigate the death to determine the cause. They determine which parties may be liable for the wrongful death, the case’s value, and handle any obstacles to the family’s lawsuit.

What issues can a wrongful death attorney help with specifically?
These attorneys may assist with issues like determining who the estate’s personal representative is. This individual will file the lawsuit, but the damages will go to the deceased’s family.

When should I contact a wrongful death attorney in Ohio?
As soon as possible. The wrongful death statute in Ohio provides that wrongful death claims must be filed within two years of the death in Ohio. The earlier the attorney starts on the case, the better it is for the family in preserving evidence and identifying the liable parties in the death.

Do I need a wrongful death attorney in Ohio?
It is not required to hire a wrongful death attorney. However, wrongful death cases are usually too complex for the deceased’s family to manage themselves. A lawyer can help negotiate higher compensation and handle any complicated legal issues associated with wrongful death claims.

Who files the lawsuit in Ohio for wrongful death claims?
The personal representative for the deceased person’s estate files the lawsuit. The damages are meant to benefit surviving family members and, in some cases, other next of kin.

What kind of compensation can a wrongful death attorney help a family recover?
Ohio law allows wrongful death lawsuits to recover compensatory damages that may include loss of support, services, society, prospective inheritance, mental anguish, and reasonable funeral and burial expenses.