Wrongful Death
Joseph Lyon has successfully represented multiple families in Cincinnati and nationally in Wrongful Death cases arising from Product Liability and Medical Malpractice. Wrongful Death claims are brought by surviving family members for the benefit of the Estate of the Decedent. Each State has a wrongful death statute that provides which beneficiaries may recover and what types of damages are available. Wrongful Death law is a complex area that blends probate and civil litigation, and the cases should be handled by an attorney with experience handling such matters to assure the proper recovery and protection.
Wrongful Death is merely a tool to support a claim based on an underlying tort theory. Mr. Lyon has represented families in wrongful death claims arising from general negligence, medical malpractice, and product liability.
WHAT IS A WRONGFUL DEATH CLAIM?
A Cause of Action for Wrongful Death is a statutory creation that allows family members to recover monetary damages resulting from another family member’s death that was negligently or intentionally caused. Each State provides causes of action arising for the wrongful death of another person. However, the statutes in each State vary with some degree as to the type of recovery. Some States allow broad recovery for family members and other States limit the recovery to dependents. Ohio has a fairly broad Wrongful Death statute. A Cincinnati wrongful death lawyer can assist you in identifying whether you have a claim under the Statute and what remedies may be available.
IS THERE A TIME LIMITATION TO INITIATE A WRONGFUL DEATH CLAIM?
There is a limitation on the time frame to initiate a claim, and this time limitation varies from State to State. In Ohio, the claim must be brought within two years from the date of death. In some exceptional circumstances, it may be argued that the claim arose when the cause of the death was discovered, but the general rule is two years from the date of death.
A Cincinnati wrongful death lawyer should be familiar with the probate process in addition to the underlying claim supporting the action. Wrongful death claims require probate oversight, and therefore it is imperative to contact a wrongful death lawyer as soon as possible to open the appropriate Estate to initiate the claim. Without a formal representative being appointed in probate court, the claim cannot move forward. Often the Estate must be opened before medical records or other documentation can be obtained to complete the pre-suit investigation.
Wrongful death is specific and complex area of law and your counsel should be chosen carefully to ensure they have experience with the many issues. Please see the attached articles for additional information on specific Wrongful Death issues.
