Compassionate Wrongful Death Attorney in Ohio and Kentucky
Wrongful death is a civil action taken against a party for causing death, usually when criminal action has failed or is not an option. If you lost a loved one due to someone else’s negligence, you might be able to file a wrongful death claim or lawsuit against the negligent party. For best results, it is always advisable to work with a wrongful death attorney.
At N.P. Law, we understand how painful it is to lose a loved one, especially due to someone else’s negligence. Located in Montgomery, Ohio, and serving clients all over the state, including Kentucky, our law firm will fight for your rights, ensuring that you receive the compensation you need to deal with such a painful tragedy.
Wrongful Death Claims Process Explained
When you lose a loved one due to someone else’s negligence, the last thing you want to do is to pursue a wrongful death claim without legal guidance. Personal injury claim processes are usually complicated. It is even more complicated when death is involved. The other party’s insurance company knows they might have to part with a huge settlement if they are found liable for the death.
For this reason, they will most likely put up a solid defense to free themselves from liability. And in situations where the other party is clearly liable for the death, the insurance provider will most likely try to undervalue the claim. So this brings us to the first step of the wrongful death claims process.
Contact An Experienced Wrongful Death Attorney
Since a wrongful death case can be complicated, consider hiring an experienced attorney to fight for you and your loved ones. Besides, when grieving the loss of a loved one, the last thing you want is to deal with insurance companies directly. Some insurance providers will take advantage of your pain to frustrate your attempts to recover the damages caused by their insured’s negligence.
On the other hand, some insurance providers might want to settle the claim immediately, preventing you from hiring an attorney to fight for you. They do this knowing that when you contact an attorney to represent you, the insurer will most likely pay more than the initial offer. This is because an experienced attorney will calculate all damages incurred, including those you didn’t know about, and include them in their final settlement proposal.
At such a time, insurance companies also know that you are probably struggling financially. You probably need money to offset medical bills, funeral costs, and other expenses deriving from the death of a loved one. Naturally, the insurance company will try to convince you to accept a quick settlement to offset these bills. And given that you are in dire need of money, you may be tempted to sign the release of settlement agreement. But one thing you need to know is that once you sign the agreement, you cannot take legal action against the insurance company for the same incident.
Obtain Important Paperwork
In this step, you will coordinate with your attorney to get the important paperwork. First, you will obtain a death certificate from the health department. In addition, you will need any paperwork connected to the wrongful death incident. For example, if the injured party died while undergoing treatment, you will need documentation to prove this.
Build a Case Against the Other Party
You will need to have some form of evidence to hold the other party responsible for the wrongful death. To do this, it is always advisable to speak with an experienced wrongful death attorney. We will discuss how such an attorney can help shortly.
Filing a Claim
Once you have the evidence to prove the other party’s negligence as the reason for the wrongful death, the next step is to file a claim with the insurance provider. Most insurance companies are always willing to settle such claims out of court because they know they might pay even more if the case goes to court.
How a Wrongful Death Attorney Can Help
There are so many different ways a wrongful death attorney might be able to help when you lose a loved one due to negligence.
Since such cases are always complicated, an experienced attorney can help determine fault. There are times when more than one party might be responsible for your injuries but that is not something most people would know without consulting an attorney.
Once the attorney identifies the parties responsible for the injuries, they will begin building a strong case against them. You cannot just walk up to someone and tell them they are responsible for the death of your loved one. Legally, you will need evidence to prove their negligence. But this is not the kind of evidence that is easily accessible; it requires in-depth research, something an attorney can help you with. From interviewing witnesses to obtaining expert opinions, there are no limits to how far an experienced attorney can go to fight for your rights.
A wrongful death lawyer can also help create a legal strategy to pursue a claim. Since wrongful death is a serious case, you want to have the best legal strategy to boost your chances of winning the case and recovering the damages incurred. In addition, a seasoned attorney can almost predict how the other party will respond to your claim, ensuring that you are always one step ahead in your pursuit of justice.
There are a lot of damages that need to be included in a wrongful death claim. After evaluating your case, your attorney will also create a list of damages suffered due to the wrongful death incident. This will help maximize your claim against the other party. Some common examples of damages you may be able to recover from a wrongful death claim or lawsuit include:
- Funeral expenses
- Medical bills
- Lost of the income from the date of the injury to the date of death
- Loss of support such as household tasks
- Loss of financial support, such as paying for tuition
- Loss of companionship
- The survivor’s pain and suffering
- And many more
The attorney will then file the claim with the other party’s insurance provider. Then, the insurer will either approve or deny the claim. If denied, the attorney will explore other options, including filing a lawsuit. If approved, the lawyer will also help determine the best payment structure, usually between a lump-sum payment and installments.
Elements of a Wrongful Death Lawsuit
Since a wrongful death claim is a serious claim, it must satisfy certain requirements. Here are some of the most important elements of a wrongful death lawsuit:
Negligence
When filing a wrongful death lawsuit, the plaintiff must prove that the defendant failed to exercise their duty of care. In short, it means they acted negligently.
Death
The plaintiff must also prove that their loved one died. Although it is common knowledge, you cannot file a wrongful death lawsuit on behalf of the victim if they haven’t been declared dead yet. This also explains why you need a death certificate as proof when filing such a lawsuit.
Causation
The plaintiff must also prove that the defendant’s negligence was the cause of the wrongful death.
Damages
Lastly, the plaintiff must prove that they suffered significant damages due to the wrongful death.
Typical Causes of Wrongful Death Claims
Wrongful death claims vary depending on the circumstances surrounding the case. Here are some of the most common wrongful death claims:
Car Accidents
Most car accident claims cite one driver’s negligence, such as speeding, driving under the influence of alcohol, distracted driving, etc.
Medical Malpractice
Medical malpractice wrongful death lawsuits are usually filed by certain survivors of an individual who died due to negligence by a medical provider.
Workplace Accidents
These are accidents that occur due to negligence at the workplace, resulting in death.
Defective Products
Manufacturers may be found liable for wrongful death if a person dies due to a defective product.
Pedestrian Accidents
Drivers owe pedestrians a duty of care while on the road. Failure to exercise this duty could harm or even kill pedestrians.
Who Is Liable for Injuries in a Wrongful Death Lawsuit?
Any negligent party can be held responsible for injuries in this kind of lawsuit. For example, the liable party could be a product manufacturer, car driver, medical practitioner, an employer, etc.
Who Can File a Wrongful Death Lawsuit?
In Ohio, the estate’s representative appointed by a probate court can file a wrongful death lawsuit. This could be the surviving spouse, parent, or surviving children.
Need to File a Wrongful Death Lawsuit in Ohio or Kentucky? Call Us for a Consultation!
Our wrongful death attorneys can always help you file a successful claim against the negligent party. Although no amount of compensation can help get rid of the pain of losing a loved one, monetary compensation might help take care of the financial burden left behind. So call us today to speak with an experienced wrongful death attorney about your case.
