Losing a loved one is devastating, especially when the death occurs because of someone else’s negligence. For families in such situations, a wrongful death lawsuit offers a way to seek justice and financial relief.
Cincinnati, Ohio, a city known for its community spirit and thriving culture, is not exempt from these tragic occurrences.
If you’ve experienced the death of a loved one in Cincinnati, you may have many questions about your legal options. Read on to explore five common questions people may have about wrongful death lawsuits.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action filed when someone dies due to another person’s negligence, recklessness, or intentional harm. These lawsuits aim to provide financial compensation for expenses like medical bills, funeral costs, and the emotional toll on the deceased’s family.
Wrongful death lawsuits are more common than many think. According to WHO, 3.16 million people die every year as a result of unintentional injuries. Many arise from incidents like:
- Medical malpractice
- Car accidents caused by reckless drivers
- Defective products
- Workplace injuries
Who Can File a Wrongful Death Suit?
Not everyone has the legal right to file a wrongful death claim. Generally, immediate family members are eligible, including spouses, children, and parents of the deceased In some states, other dependents or representatives of the deceased’s estate may also have the right to sue.
In Ohio, for example, the executor of the estate files the claim on behalf of surviving family members. It’s essential to check local laws or consult a lawyer to confirm eligibility.
What Damages are Awarded in Wrongful Death Lawsuits?
Compensation in wrongful death cases falls into three main categories: economic, non-economic, and punitive damages.
Economic damages cover measurable financial losses, such as funeral and burial costs, medical bills, lost income, and other benefits.
Non-economic damages, on the other hand, address emotional and intangible losses such as loss of companionship and emotional suffering.
In rare cases, punitive damages may be awarded to punish the defendant and deter similar actions in the future.
When is it Too Late to Sue for Wrongful Death?
Each state has a time limit, called the statute of limitations, for filing a wrongful death lawsuit. In Ohio, you must file your claim within two years of the date of death. Failing to act within this timeframe could result in losing your right to seek compensation. To avoid missing the deadline, it’s advisable to consult an attorney as soon as possible.
How Do You Prove a Wrongful Death Case?
Proving wrongful death involves showing that the defendant’s actions or negligence directly caused the death. You must show that the defendant owed a duty of care to the deceased and breached this duty, such as by driving recklessly or making a medical error. You must also show that the breach directly led to the death.
Additionally, you must present evidence of the damages caused, such as financial losses and emotional suffering. An experienced attorney can help gather the necessary evidence to strengthen your case.
Conclusion
Understanding wrongful death lawsuits is an important step in seeking justice for your loved one. If you’ve experienced the death of a loved one due to negligence, don’t delay in exploring your legal options. A wrongful death lawsuit not only provides financial relief but also holds the responsible party accountable, offering a measure of closure during a difficult time.