Wrongful Death Attorneys Serving Clients in Cincinnati & All of Ohio
Nothing can make up for the loss of someone you love. If your loved one died due to the negligence of another, our Cincinnati wrongful death lawyers can help you and your family pursue maximum compensation for your financial and emotional losses.
For 25 years, Colombo Law has been a leader in personal injury law. In addition to representing injured people, our attorneys provide knowledgeable and compassionate representation to families who have lost relatives due to negligence or wrongdoing.
Wrongful death claims can be challenging, both legally and emotionally. Having an experienced Cincinnati wrongful death attorney on your side is critical not only for the success of your case, but for your peace of mind during this difficult and stressful period.
Call Colombo Law at 513-599-8841 to speak with our Cincinnati wrongful death lawyers. Your initial consultation is FREE, and you pay no fees unless we win.
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What Is a Wrongful Death?
In Ohio, a wrongful death occurs when someone is killed as a result of the “wrongful act, neglect, or default” of another. According to Ohio Revised Code Section 2125.01, the right to bring a legal action survives the victim’s death.
Most wrongful deaths occur as a result of accidents, although defendants who engage in intentional acts that lead to death (such as physical assaults, homicides, etc.) may also be held liable. The wrongful death lawyers at Colombo Law can assist with claims involving:
- Truck Accidents
- Car Accidents
- Motorcycle Accidents
- Burn Injuries
- Dangerous Premises
- Birth Injuries
- Nursing Home Abuse & Neglect
- Workplace Accidents
- Natural Gas Injuries
- Asbestos & Mesothelioma
Defendants and insurance companies aggressively contest liability for wrongful death. It is critical to have your case handled by a wrongful death attorney in Cincinnati with the skills and experience to obtain a favorable outcome and hold those responsible to account.
What Is the Average Wrongful Death Settlement in Ohio?
A settlement is an agreement between parties to resolve a legal matter. It may be reached prior to filing a lawsuit, during trial preparation, or even during the course of a trial.
Before agreeing to a wrongful death settlement, you need to know if the offered amount will compensate you and your loved ones fully and fairly for your specific losses. As such, there is no “average” wrongful death settlement. Your case is unique, so you can’t rely on averages when deciding to settle.
A Cincinnati wrongful death lawyer can negotiate a settlement on your behalf and help you decide whether agreeing to a settlement is in your best interest. Factors to consider include:
- Your current financial resources (personal savings, life insurance, etc.)
- Debts incurred as a result of the wrongful death
- Applicable statutes and case law
- The potential for additional compensation vs. the risks of going to trial
- Compensable damages you and your family are due
Once you agree to a settlement, you can’t bring another claim. Colombo Law can help you get it right the first time so you and your loved ones have the compensation you need to pay outstanding bills, make up for the loss of income and support, and overcome current and future challenges.
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Live ChatHow Are Wrongful Death Settlements Calculated?
Calculating a wrongful death settlement is an intensive process. Your attorney will evaluate a host of different factors to determine the total value of compensable damages in your case.
Surviving family members may be entitled to recovery of the following in a wrongful death claim:
- Funeral expenses
- The cost of burial or cremation
- Loss of earning capacity and expected financial support
- Childcare, home upkeep, and other household services
- Loss of companionship, consortium, and society
- Mental anguish of surviving relatives
- Loss of benefits, prospective inheritance, etc.
- Medical expenses prior to death
- The deceased’s pain and suffering prior to death
At Colombo Law, we prepare every case as though it will go to trial. We have earned a reputation not only as elite trial lawyers but formidable negotiators. Because insurance companies know we won’t hesitate to go to court, they are more likely to agree to settlements benefiting our clients.
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Most wrongful death claims are settled without proceeding to trial. If needed, however, our Cincinnati wrongful death attorneys will take all necessary steps to file a lawsuit, prepare for trial, and present your case in court.
Is It Hard to Win a Wrongful Death Lawsuit?
The difficulty of winning a wrongful death case depends on the specific facts involved, as well as the quality of legal representation. Plaintiffs represented by a seasoned wrongful death lawyer are more likely to have a favorable result.
Steps a wrongful death lawyer in Cincinnati can take on your behalf that improve the likelihood of winning include:
- Promptly investigating the fatal accident
- Collecting all relevant evidence, including photos, witness testimony, incident reports, etc.
- Reviewing medical records and autopsy reports to establish cause of death and the role of the defendant(s)
- Partnering with expert witnesses to review the evidence, establish liability, and calculate damages
- Navigating all legal processes and procedures on your behalf, from filing the complaint to discovery to pre-trial matters
If all of this sounds complicated, that’s because it is. You just said goodbye to a beloved family member, so the ins and outs of the legal process are probably the last thing on your mind. Entrusting your case to a qualified professional is much better than trying to go it alone.
Filing a lawsuit does not guarantee that your case will go to trial. Settlements are often reached before this point, especially once the defense and their insurer realize you are willing to put up a fight. Our Cincinnati wrongful death lawyers will do everything possible to win your case—including go to trial.
What Is the Burden of Proof for Wrongful Death?
In Ohio, the burden of proof for wrongful death and personal injury cases is “preponderance of the evidence.” This simply means that it is more likely than not that the defendant’s actions led to your loved one’s death.
To satisfy the burden of proof, our lawyers will argue the following:
- The defendant owed your loved one a “duty of care.” In other words, the defendant had a responsibility to avoid causing harm.
- The defendant’s actions constitute a breach of duty. This involves establishing what a reasonable person would have done under the circumstances and showing how the defendant deviated from that standard.
- The defendant caused your loved one’s death. Evidence must show a direct or proximate connection between negligence on the part of the defendant and the death of your loved one.
- Surviving family members suffered damages as a result of the wrongful death. Our wrongful death attorneys will pursue all compensatory damages you and your family are owed.
Most people have heard the term “beyond a reasonable doubt.” This is the burden of proof that must be met in a criminal trial for the defendant to be found guilty. While the defendant in a wrongful death case may also face criminal charges, this is a totally separate matter from your civil claim.
Dino and the rest of Colombo Law are great, they treat each case with care and skill. You want them on your side!
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He is a very uplifting and comforting person. Dino is exactly who you need to speak to.
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He’s not like any other lawyer, he’s a grade above.
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Not only is Dino a great attorney but more importantly he is a great human being. He went above and beyond for our family during a very difficult time in our lives. He and his staff answered any and all concerns that we had and kept in close contact with us throughout this very troubling time in our family. We can’t thank Dino and staff enough.
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Who Can Sue for Wrongful Death in Ohio?
In Ohio, the only one who can bring a wrongful death lawsuit is the decedent’s personal representative. This is an individual who is either (a) named as the executor in the deceased’s will or (b) appointed by the probate court to act as the administrator of the estate.
The personal representative may be a member of the family or someone unrelated to the decedent. If you have been named the personal representative of someone who died due to another’s negligence, we encourage you to consult a Cincinnati wrongful death attorney about the available legal options as soon as possible.
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Who Are the Beneficiaries in a Wrongful Death Claim?
Wrongful death claims in Ohio must be brought for the “exclusive benefit” of the decedent’s next of kin. This generally includes surviving spouses, children, and parents, but it could also apply to other surviving relatives.
Section 2125.03 of the Ohio Revised Code states that the beneficiaries of a wrongful death claim may adjust the distribution of proceeds from a settlement or trial award as they see fit. If a dispute arises among beneficiaries, however, the court must adjust the share “having due regard for the injury and loss to each beneficiary.”
Frequently Asked Questions About Wrong Death Claims
Who Can Sue for Wrongful Death in Ohio?
How Are Wrongful Death Settlements Calculated?
Who Are the Beneficiaries of Wrongful Death in Ohio?
How Do You Split a Wrongful Death Settlement in Ohio?
What Is a Survival Action?
What Is the Statute of Limitations for Wrongful Death?
The statute of limitations sets a time limit for taking legal action. In Ohio, you generally have 2 years to file a wrongful death lawsuit. The clock starts on the date the decedent passes away.
Losing a family member is phenomenally difficult. We know how hard it can be to try to hold everything together in this terrible situation. Unfortunately, defendants and insurance companies won’t wait for you to grieve. They are already trying to find ways to avoid accountability.
When you hire Colombo Law, we start protecting your rights right away. Our attorneys will get started on your claim immediately, taking on the legal issues so you and your loved ones can have space to recover from the tragedy and try to attain some semblance of normalcy.
How a Wrongful Death Attorney Can Help
Feelings of stress and uncertainty are common following a death in the family. Retaining legal counsel can give you much-needed peace of mind. Your choice of representation matters, so it is important to consider both the firm’s track record and your experience with the people.
All of our clients get the Colombo Advantage. Our attorneys and staff are relentless in their commitment to injury victims, as well as the families of victims who did not survive. We bring the full weight and breadth of our experience to bear on behalf of our clients, proficiently handling settlement negotiations, litigation, and trial proceedings with a high degree of skill and compassion.
What to Look For When Choosing a Lawyer
It is very important to choose a wrongful death lawyer with an in-depth understanding of your case. This is especially true of cases where complex legal matters are involved, such as fatal accidents involving commercial trucks.
Colombo Law understands insurance company tactics in these cases. We have successfully advocated for the families of clients who lost loved ones due to the negligence of truck drivers and trucking companies, obtaining millions of dollars for the bereaved.
$22 million settlement for fatal truck accident
$5.2 million for the family of a pedestrian killed by a crane truck
$3.5 million settlement for a passenger killed in a collision with a water tanker truck
Contact a Cincinnati Wrongful Death Lawyer Today
Have you lost someone you love because of someone else’s negligence? You and your family may be entitled to substantial compensation for the economic, psychological, emotional, and practical losses you are facing. At Colombo Law, we provide support and guidance in your time of need while aggressively fighting for the outcome you deserve.
Our Cincinnati wrongful death lawyers serve clients throughout Hamilton County and all of Ohio. Call 513-599-8841 today for a FREE case review.
