The wrongful death attorneys of Jones Kahan Law are here to help. When an individual dies because of someone else’s negligence, recklessness or malicious intent, the deceased is no longer available to file a lawsuit to obtain justice. For this reason, another person is permitted to file a wrongful death claim on behalf of the deceased’s estate to win damages for any surviving family members. Wrongful death lawsuits can be complicated, so it is essential to work with an experienced personal injury attorney if you find yourself in this situation.
If you are in the Cincinnati area of Ohio or Nothern Kentucky, Jones Kahan Law, LLC is an excellent choice for legal representation. Not only do our lawyers have outstanding credentials and well-honed litigation skills; we are also empathic, well aware that we are helping clients during what may be the most difficult period of their lives. You can put your trust in Jones Kahan Law. We will charge you no attorneys’ until we win you compensation.
In Ohio, the law regarding wrongful death states that the personal representative (executor) of the deceased’s estate is the person who must file the claim. In addition, a statute of limitations applies to the wrongful death claim — it must be filed within two years of the date of the victim’s death or from the date that the death was discovered to be “wrongful.”
Losing someone you love to death is always painful, but there is a special misery involved in knowing that your loved one would still be here if not for the misconduct of another. As long as there is hard evidence that another party bears responsibility for the death, wrongful death lawsuits may be filed when someone dies in one of the following ways:
It is important to understand that not all traffic, construction, or premises liability accidents are wrongful deaths, nor do all fatalities during surgery constitute medical malpractice. In order to win a wrongful death claim, we have to prove that another individual (or entity) violated a “duty of care” to the victim and that the other person’s action or inaction was the direct cause of the victim’s death. In the case of malicious assault, whether or not criminal charges are brought and whether or not there is a conviction if they are, it is possible for family members to receive substantial compensation for their loss.
A wrongful death lawsuit in Ohio seeks damages on behalf of both the estate and the deceased’s surviving family members in the following sequence:
It should be noted that Ohio law does not presume siblings, grandparents or other relatives, such as cousins, to have rights to wrongful death benefits unless they can prove that they suffered a loss that deserves compensation. This would be true, for example, if one or more of these family members could demonstrate that he or she was being at least partially supported by the deceased.
Although we think of the law as cut and dried, wrongful death laws are surprisingly sensitive to non-economic as well as economic losses. Our attorneys are well-schooled in tactical approaches to legal battles and will fight vigorously to get you the substantial compensation you deserve for:
When we win damages for you, the court will decide how to distribute them to surviving family members according to Ohio’s inheritance laws. We will be there every step of the way, clarifying details of wrongful death law that may be confusing and explaining our legal strategy as we go.
Certain specifics may be significant in your particular circumstances, for example: [1] if the surviving spouse of the deceased has remarried between the time of death and the court decision, that spouse may still be able to receive damages and [2] if the court determines that a parent had abandoned the child now lost to wrongful death, that parent is not allowed to receive any damages from the lawsuit.
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