Ohio Wrongful Death Attorney Representing Clients in Cincinnati
WRONGFUL DEATH CASES ARE TRAGIC AND THE DAMAGES CAN BE SEVERE.
No one in Cincinnati expects or plans to lose a loved one in a devastating accident, or as a result of another party’s carelessness or intentional wrongdoing. Yet fatal injuries happen more often than most of us would like to think, and many of them could be avoided with greater care. If you recently lost a spouse, a parent, or another loved one in an accident, it is critical to talk with a Cincinnati wrongful death lawyer about filing a claim for financial compensation. You may be eligible to obtain damages from a wrongful death lawsuit. Our firm can provide you with more information about wrongful death claims in Ohio and how you can begin the process of filing a lawsuit.
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What is a Wrongful Death in Cincinnati?
Under Ohio law, wrongful deaths that allow for a civil lawsuit are defined as follows:
“When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensured, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances which make it aggravated murder, murder, or manslaughter.”
What does this mean in more basic terms? In sum, if a person sustains fatal injuries because of another party’s fault and the fatally injured person would have been able to file a personal injury lawsuit if she or he had survived, the liable party can be responsible for paying damages through a wrongful death lawsuit.
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Types of Accidents and Injuries in Cincinnati Wrongful Death Cases
Many different types of accidents and injuries can result in wrongful death lawsuits in Cincinnati. The following are examples of common types of injury cases that can lead to successful wrongful death lawsuits:
- Car accidents;
- Motorcycle accidents;
- Truck accidents;
- Dog bites;
- Workplace injuries; and
- Medical malpractice.
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Eligibility for Filing a Cincinnati Wrongful Death Claim
Who can file a wrongful death lawsuit in Ohio? Under Ohio law, the personal representative of the deceased’s estate must be the party who files the wrongful death claim. The personal representative of the deceased’s estate is also known as the executor. While some states allow a surviving family member to be the one who files a wrongful death lawsuit, survivors in Ohio must seek compensation through a wrongful death claim filed by a personal representative of the deceased.
However, it is important to understand that the personal representative of the deceased can seek damages on behalf of the surviving family members. Indeed, when the personal representative of the deceased’s estate wins a wrongful death lawsuit, damages are paid to survivors, such as a surviving spouse or surviving children who were dependent upon the deceased.
Timeline for a Wrongful Death Lawsuit in Cincinnati
All civil lawsuits in Ohio have a statute of limitations, which is the amount of time a person has to file a lawsuit before the claim will become time-barred. The statute of limitations for a wrongful death claim in Ohio is two years. The clock on the statute of limitations will start to tick on the date of the deceased’s death, even if the accident or injury occurred days, weeks, or months prior. From the date of date, there will be a two-year time window in which the wrongful death lawsuit must be filed.
The wrongful death lawsuit does not need to be completed within two years, but rather must simply be filed. It is critical to begin working with a wrongful death lawyer in Cincinnati as soon as possible to ensure that your claim is filed in a timely manner. While you might think that two years is a long enough period of time that you do not need to rush, it is important to remember that the time can pass quickly, and valuable evidence can be lost. Further, you will only be eligible for compensation once you have moved forward with the claim.
Contact Our Experienced Cincinnati Wrongful Death Attorneys for More Information
Nobody should ever have to go through the devastating experience of losing a loved one because of another party’s carelessness or intentional wrongdoing. Yet accidents and injuries can lead to life-threatening and deadly injuries, and families are left to deal with the enormous emotional, physical, and financial losses. Our experienced Cincinnati wrongful death lawyers can speak with you today about your case. Contact Groth & Associates for more information.