Wrongful death claims in Ohio can be complex due to state-specific laws, court procedures, and insurance company tactics. An experienced Ohio wrongful death lawyer will:
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Ensure compliance with Ohio’s legal deadlines
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Accurately calculate damages under Ohio law
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Negotiate aggressively with insurers
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Represent you in court if necessary
Hiring a skilled attorney increases your chances of securing the maximum compensation available. If your loved one’s death was caused by negligence or wrongful actions, don’t wait to seek justice. The sooner you consult an Ohio wrongful death attorney, the better your chances of securing full compensation and holding the responsible party accountable.
Understanding Ohio Wrongful Death Claims
While no amount of money can truly compensate for the loss of a loved one, wrongful death lawsuits can bring meaningful justice. They can help families achieve financial stability, deter similar acts of negligence in the future, and provide a sense of closure.
These cases also serve an important public safety function. When negligent companies, employers, or drivers are held accountable in court, it sends a strong message that reckless behavior will have serious consequences.
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. Any wrongful death case may be complex but the Lyon Firm takes pride in finding answers and holding responsible parties accountable.
Finding answers is critical to understanding how our loved ones passed away. When a 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.
Who Can File a Wrongful Death Claim in Ohio?
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 Considered a Wrongful Death in Ohio?
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.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Why You Need an Ohio Wrongful Death Attorney
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 Wrongful Death Statute of Limitations
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.
To win a wrongful death case in Ohio, your attorney must present compelling evidence of fault and the extent of damages. This may include accident reconstruction reports, safety inspection records, medical expert testimony, workplace safety audits, or internal corporate communications that reveal negligence.
The strength of your case often depends on the quality and timeliness of the investigation. The sooner an attorney can begin collecting evidence, the better the chances of building a persuasive claim. This is especially important when dealing with large corporations, hospitals, or insurance companies that may have significant resources to defend themselves.
Damages Available in Ohio Wrongful Death Cases
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
- Defective Pharmaceutical Products
- Defective Medical Device Products
- Asbestos
- Truck Accidents
- Auto Accidents
- Nursing Home Neglect
- Industrial Accidents
- Misdiagnosing Breast Cancer
- Surgical Negligence
- Heavy Equipment Accidents
- Motorcycle Accidents
- ATV Accidents
- Boat Accident Injury
- Toxic Exposure
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.
Why are these cases important?
When a family member dies because of someone else’s negligence or wrongful act, the emotional toll is immense and the financial impact can be devastating. Ohio law allows surviving family members to pursue a wrongful death lawsuit, not only to recover financial losses but also to hold responsible parties accountable. These claims can arise from a wide variety of circumstances, including car accidents, workplace incidents, defective products, medical malpractice, and other negligent actions.
At their core, wrongful death lawsuits are about justice. They provide grieving families with a legal avenue to secure compensation for both the economic and non-economic damages they have suffered. An experienced Ohio wrongful death attorney can guide you through the process, explain your rights, and build a strong case designed to achieve the maximum possible recovery.
Ohio law provides specific protections and avenues for recovery when a person’s death results from negligence or wrongful conduct. Understanding these rights can help you determine the best path forward.
Your Legal Rights Include:
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Eligibility to File – Only the personal representative of the estate may initiate a wrongful death claim, but the proceeds are distributed to surviving family members.
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Presumed Loss for Certain Family Members – Spouses, children, and parents are legally presumed to have suffered damages.
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Proving Negligence or Misconduct – The claim must establish that the defendant’s actions directly caused the death.
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Potential for Punitive Damages – In cases involving willful or malicious conduct, courts may award damages meant to punish the wrongdoer.
