Losing a loved one in a sudden accident or after a long fight with illness or handicap is one of the hardest moments in life. Often the family is left with unanswered questions from physicians and other third parties unwilling to discuss what happened for fear of being brought into litigation.
Yet, these answers are critical to understanding how our loved one passed away. When the death is due to another’s negligence or a defective product, there is a legal remedy in every State for the loss.
Joe Lyon is a highly-rated Cincinnati personal injury lawyer and Ohio wrongful death attorney who has successfully represented individuals throughout the United States wrongful death cases.
When to Contact A Legal Professional
Following an injury where you suspect there was negligence, a defective product or simply have questions about what may have happened, you should contact and experienced wrongful death lawyer to investigate the matter.
The Lyon Firm aims to provide compassionate and effective legal counsel to plaintiffs and families after an accident or injury led to the death of a loved one. Negligent employers or companies should be held accountable for negligence that leads to wrongful deaths.
What is a Wrongful Death Case?
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. Wrongful Death is merely a tool to support a claim based on an underlying tort theory such as negligence.
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.
Probate Oversight in Wrongful Death Case
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.
Ohio Statute of Limitations for Wrongful Death
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.
Ohio Death Compensation
The Ohio Wrongful Death Statute (R.C. 2125: Action for Wrongful Death) allows a lawsuit to be brought by a beneficiary on behalf of the decedent and his or her Estate. The following separate damages may be recoverable depending on the facts in the case.
- Loss of support from the reasonably expected earning capacity of the decedent
- Loss of services of the decedent
- Loss of society of the decedent (loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education)
- Loss of prospective inheritance
- Mental Anguish
Types of Wrongful Death Cases
Questions to Ask an Attorney about a Potential Wrongful Death Case:
- How much experience do you have in Wrongful Death cases?
- How long will a wrongful death lawsuit take?
- What evidence must I preserve ?
- What duties does the representative of the Estate owe other next of kin?
- How is the representative of the Estate selected ?
- What evidence is used to support the damages claims?
- What pictures, family videos, letters, and other family memorabilia will be helpful to present the case ?
- What are the defenses in my case ?
- How does my case compare to other similar wrongful death cases ?
DO NOT
- Destroy any evidence including social media posting
- Make any statements to an insurance investigator, agent, or private investigator.
- You may be interviewed by a public health official. You should CONSULT WITH AN ATTORNEY PRIOR TO MAKING ANY STATEMENTS.
- File a wrongful death lawsuit without consulting an attorney
Contact an Ohio Wrongful Death Attorney
Joe Lyon is a highly-rated and experienced Ohio Wrongful Death attorney who is well versed in the science, economic impact, and human loss that such an injury or death has on the injured person’s life and their family.
The Lyon Firm has the resources and knowledge to work alongside engineering, human factors, toxicology, epidemiology, pathology and other medical experts determine the root cause of the death and to develop the compelling evidence to present the highest quality evidence and arguments on behalf of the decedent and the family.
