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Wrongful death cases are lawsuits moved forward by a family of a victim. The victim could have passed away as a result of a car accident, truck accident, workplace accident, assault, or other forms of homicide. There are virtually no restrictions that govern what factors need to be present for the family to file a wrongful death lawsuit. Only that there must be a deceased victim and that a family experienced loss. However, those two primary elements get surveyed through five factors that families will use to argue for their case. Learn about each of these five elements as you work with your family to determine how and when you should start your Cincinnati wrongful death claim.
Death of a Person
Nothing goes without saying; a person must have been lost as a result of someone else’s actions. It’s impossible to start a Cincinnati wrongful death case, without a death. You should carefully consider all elements of the death as well. Medical malpractice, workplace injuries, and car accidents are all common causes of wrongful death.
Accidents and Intentional Acts
While it seems that most wrongful deaths were accidental in nature, there is some issue when it comes to resolution. Having an incident that is fortuitous or, caused by chance, may not eliminate the possibility of a case, it would certainly change the course of the lawsuit. For example, showing that someone died as a genuine, and possibly unavoidable accident, is different than someone dying as a result of a trucker falling asleep behind the wheel.
What is troublesome for families is that some courts will argue fervently that intentional acts should not be included in wrongful death cases. The only way to know for certain if you can file a wrongful death claim is to consult with an attorney. There are times when a court will allow for a wrongful death case to continue in the civil court after criminal action has been taken by the state. So don’t give up hope if it seems like the criminal system is your only option.
Negligence
Negligence can include everything from not winding up that hose across your front lawn, to neglecting to give them the care necessary as a person. Negligence is such a widely used term that it is often confused with general carelessness. But you’ll need to prove that your family member died as a result of someone’s direct action or inaction.
For example, if someone saw that your loved one was riding a motorcycle down the street, and opened their car door into traffic, hitting the rider anyway, that is negligence.
Loss Experienced by Survivors
The primary foundation of a wrongful death case is that the survivors of the deceased have experienced loss and damages. Most wrongful death cases will involve medical bills for the deceased that they are now responsible for paying. Additionally, a wrongful death case can include the unexpected funeral expenses that can put a substantial financial strain on the family.
When you get into the emotional and family loss that survivors experience. Someone who loses their mother in a car accident may feel a substantial loss in that their mother will not see them graduate or marry or have children. Additionally, someone who loses a spouse may experience the loss of companionship and consortium. That was the person they planned on spending the rest of their life with, and now, that’s gone. It’s challenging to assign a dollar value to these losses, but experts work hard to accurately represent what the survivors are experiencing.
An Experienced Cincinnati Wrongful Death Attorney
It’s challenging to come together as a family and decide to file a wrongful death lawsuit. However, Ohio is among the states that allow most immediate family members to make the decision to move forward or not. The result is that there are many wrongful death cases because the option is given to a wider net of affected people close to the victim. Now, the case should not only speak for the victim but the indirect victims such as the victim’s spouse and children.
People are able to recover the medical damages that occurred before the finality of death took place. Many victims will spend days or even weeks in a hospital before succumbing to their injuries. During that time, the family may take on substantial medical debt in addition to their loss of income, property damage, and the more important things such as the loss of love and companionship. Call Young, Reverman & Mazzei, our Cincinnati based law firm handles wrongful death cases and we can help push your wrongful death claim forward.
