What to Do After a Cincinnati Wrongful Death

November 19, 2024 | By Colombo Law

The aftermath of a Cincinnati wrongful death is emotionally draining. You and your family are likely grieving and unsure of what the days ahead will hold. Thinking about your legal rights is probably one of the last things on your mind, but it is important to explore your options as soon as possible.

Attorneys at Colombo Law have extensive experience handling wrongful death claims on behalf of clients in Cincinnati and other areas of Ohio. We provide compassionate support and knowledgeable representation, aggressively pursuing all of the compensation you and your family deserve.

Contact a law firm well-versed in Cincinnati wrongful death by calling 513-599-8841 today. Your initial consultation is FREE, and you only have to pay fees if we obtain a settlement or trial award on your behalf.

What Is the Wrongful Death Statute in Ohio?

Ohio’s wrongful death statute is the legislation that allows surviving family members to recover compensation for the death of a loved one due to a “wrongful act, neglect, or default.” Chapter 2125 of the Ohio Revised Code (the chapter on wrongful death actions) states that a claim must be brought for the “exclusive benefit” of the next of kin. This may be a spouse, a child or children, one or both of the decedent’s parents, and other relations.

In Ohio, wrongful death claims are fairly similar to personal injury claims. The main difference is that plaintiffs in a personal injury case pursue compensation for their own injuries and losses, while a wrongful death claim seeks to recover damages for surviving beneficiaries.

Statute of Limitations

The statute of limitations is another very important part of wrongful death law in Ohio. It sets the time limit for how long you have to make a claim for Cincinnati wrongful death.

As a general rule, a wrongful death claim must be brought within 2 years of the date the victim dies. Failure to file a lawsuit within the time limit will likely result in dismissal of the case by the court. This underlines the importance of acting quickly to preserve your legal rights if your loved one died due to the negligence of another.

Steps to Take After a Wrongful Death

Wrongful death claims can be complicated. Given the limited time you have to take legal action, there can’t be any mistakes or delays.

Hiring a qualified lawyer is the all-important first step. Once you have legal representation, your attorney can assist you with all other steps in the process.

1. Contact an Attorney ASAP

Look for an attorney or law firm with substantial experience in Cincinnati wrongful death matters. The lawyer you choose should have extensive familiarity with the courts in Hamilton County, as well as a history of results representing local plaintiffs.

The initial consultation gives you the opportunity to ask questions and see how you get along with the attorneys and staff. It also gives the firm an opportunity to learn about your case, determine its viability, and advise you on next steps.

2. Identify the Personal Representative

Under Ohio law, only the personal representative can bring a wrongful death claim. A valid will assigns a personal representative to manage the estate. This may be a family member, or someone outside the family.

If the victim dies without a will, the court will assign a personal representative through a process known as probate. Wrongful death litigation cannot proceed until the personal representative has been named.

3. Collect Evidence

Once the decision is made to move forward with a wrongful death claim, your attorney will initiate an investigation into your loved one’s death and gather any relevant evidence. This may include:

Medical records
A copy of the death certificate
Photos of the accident scene
A copy of the police report and/or coroner’s report (if applicable)
Witness accounts
Financial documents
Statements from the surviving next of kin
Expert witness testimony

The evidence in a wrongful death case serves multiple purposes, from proving how your loved one died to establishing fault for their death to identifying the party or parties liable for damages. Prompt action is essential for securing evidence and preserving your claim.

4. Calculating the Damages

It is very easy for family members to overlook the damages they may be due for a Cincinnati wrongful death. A wrongful death attorney can evaluate all of the ways the loss of your relative has affected you and yours, including:

Loss of the decedent’s income and other financial support
The loss of household services and support
Loss of society, including consortium, companionship, protection, advice, etc.
The loss of prospective inheritance
Mental anguish
Outstanding medical bills
Expenses for funeral and burial/cremation

For a wrongful death case to succeed, all damages need to be accounted for. A knowledgeable lawyer can assist at this critical juncture.

5. Initiate Legal Proceedings

Drafting a demand letter is a vital part of preparing a wrongful death case. This document is submitted to the defendant(s) and outlines the cause of action and the damages being sought. Settlement negotiations typically begin once the demand letter is received.

If necessary, a lawsuit can be filed to move the case along. Your attorney will determine what court has jurisdiction, file the complaint with the court, and submit any additional paperwork.

The following steps usually occur after a lawsuit is filed:

Discovery: During discovery, attorneys for both sides will request records and other information. This allows the parties to identify the strengths and weaknesses of their respective cases, as well as prepare a sound legal strategy.
Pre-trial preparation: Trial preparation is a multifaceted process. It requires significant time, resources, and experience to organize materials and testimony, file motions, explore alternative dispute resolution, and more.
Settlement negotiations: Many wrongful death cases settle without going to trial. Trials involve a lot of uncertainty for plaintiffs and defendants alike, making a settlement an attractive option. Your lawyer will handle negotiations with the goal of obtaining a fair settlement of your claim.

If no settlement is reached, the case will proceed to trial. The trial date may be months or even years after your loved one’s death. Waiting for the conclusion of the case may be tough, but patience is key when so much is on the line.

Contact a Cincinnati Wrongful Death Lawyer Today

Feeling overwhelmed after the sudden death of a loved one is natural. One of the best ways to find peace of mind and begin the process of pursuing compensation is to seek legal counsel ASAP.

At Colombo Law, we have experience navigating the complexities of Cincinnati wrongful death. We capably handle your case, striving to hold all negligent parties accountable while providing you with individualized attention at all times. Our team prepares every case as though it will go to trial, giving us a leg up in complex legal matters.

Contact Colombo Law today for a FREE consultation. Our wrongful death lawyers represent clients in wrongful death cases throughout Ohio from our office in Cincinnati.