Quite often, another person or entity's negligence or deliberate actions cause a loved one to pass away either in an accident or as a result of medical malpractice. In order to determine if their family may be entitled to compensation to help them cope with the financial and emotional impact of their loss, the surviving family members should obtain legal counsel. Schuerger Shunnarah's Cincinnati wrongful death attorneys have the knowledge and expertise to create a compelling case that will increase the chances of obtaining fair compensation. Even though money won't be able to make up for the death of a loved one, it can help the family stay afloat financially as they try to move on. Our wrongful death lawyers offer a free initial consultation, and there are no fees or charges to our clients until we win the case.
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I have worked with Schuerger Shunnarah twice and they have been very helpful on my personal injury cases. They went above and beyond my expectations and did a great job both times.
- Ashley C.
Schuerger Shunnarah helped me receive a settlement on my case in just months. I was treated with respect and dignity. Thanks to their help, I have been able to get my life back to normal.
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What Is a Wrongful Death Claim?
Many civil law lawsuits include allegations of wrongful death, making it a common element of many personal injury claims.
The dead victim's surviving family members or relatives may file wrongful death cases. Usually, they press these charges against the individual responsible for the victim's death.
In addition to suing specific people, wrongful death claims can also be made against institutions such as corporations, enterprises, or even governmental bodies. Wrongful death claims can be a part of criminal trials and a component of numerous civil claims.
Moreover, criminal charges can be included if the surviving family feels that jail time needs to be enforced. Nonetheless, civil lawsuits, such as a wrongful death case, typically do not include jail time.
Types of Compensation that Can Be Awarded in a Wrongful Death Claim
Economic Losses
Economic damages are measurable losses that a spouse or other immediate family members have endured due to a loved one's unfortunate death. They consist of the following:
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Medical costs associated with a deadly sickness or injury
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Burial and funeral costs
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Loss of future revenue from the deceased individual
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Loss of health insurance benefits
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Lost inheritance
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Value of domestic services a victim would have rendered, such as cleaning and home upkeep
Given the various considerations that must be made, including the person's age, condition before death, and earning potential, determining an accurate estimate for fair compensation of economic damages in wrongful death cases can be difficult.
Non-economic Damages
Since non-economic costs to the family entail intangible losses, they are considerably more difficult to quantify. These wrongful death damages frequently consist of the following:
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Emotional distress or physical agony of the deceased's loved ones
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Loss of support, wisdom, nurturing, and caring from the dead victim
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Loss of the deceased's company, affection, and association
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Loss of consortium
Punitive Damages
In contrast to the previous types, punitive damages are meant to penalize a defendant for especially egregious or careless activity and dissuade future offenders from engaging in similar behavior.
Punitive damages are frequently not accessible in wrongful death claims against specific defendants, such as government organizations.
Who Can File a Wrongful Death Claim?
Identifying who is qualified to file a wrongful death claim is the first stage in the legal process.
The spouse of the deceased individual is usually the person who files the wrongful death lawsuit, but virtually anyone who experienced losses from their death can do it.
This can include a variety of persons, such as the following:
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Close relatives, such as their spouse, parents, or children
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Domestic partners and other similar individuals
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Both grandparents and siblings
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Anybody else who suffered monetary damage as a result of the wrongful death case
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Common Wrongful Death Causes
After a death occurs as a result of someone else's negligence, or recklessness, a wrongful death claim can be filed by a close family member.
Motor vehicle accidents, medical malpractice, and shootings are examples of purposeful acts that can result in wrongful death.
However, car accidents are the number one cause. Here's a list of the most common events that result in wrongful deaths.
Automobile Accidents - These negligent acts account for a large majority of wrongful death cases. Drunk driving, texting while driving, reckless driving, and poor road conditions are common causes of auto accidents.
Truck Accidents - Accidents involving trucks, or "semis," frequently result in fatalities because of their great size and capacity to generate a lot of force.
Motorcycle Accidents - Because they have minimal protection when riding, motorcycle riders are highly exposed. They have a very high chance of suffering fatal injuries in an accident.
Drunk Driving - Accidents involving pedestrians can be caused by drunk driving, aggressive driving, and inattentive driving. These injuries are normally deadly.
Medical Malpractice - Medical malpractice consists of a medical expert who doesn't give their patient treatment that is considered to be of an acceptable standard. Birth injuries, surgical errors, and pharmaceutical errors are examples of medical malpractice that normally result in wrongful death lawsuits.
Accidents at Work - Workplace accidents are another common reason for wrongful death. Hazardous situations, such as caustic chemicals, risky or malfunctioning machinery, and unsafe work settings can result in fatalities.
Product Liability - Poorly designed, inadequately made, or inappropriately marketed items may result in fatalities. In these cases, the flawed product's maker, seller, or distributor should be held accountable.
Nursing Home Abuse - This is the neglect or mistreatment of a resident of a nursing home or other long-term care institution. Abuse and neglect in nursing homes can cause deadly injuries such as infections, illnesses, and traumatic brain injuries.
Statute of Limitations
In Ohio, there is a deadline for filing a wrongful death lawsuit in civil court. After the decedent's death, the plaintiff has two years to file a lawsuit.
After two years, the claim will often be dropped, depriving the surviving members of the deceased's family of the opportunity to pursue financial compensation.
In order to start the procedure as soon as possible, they must get in touch with an experienced wrongful death attorney from a reliable law firm to achieve justice.
Ohio Wrongful Death Information Center
Client Testimonial
They were polite and really cared throughout the entire process and made me feel like my case was important. I would highly recommend them to anyone that didn’t get a fair offer from the insurance company like me!
- Brian D.
Reasons to Hire a Cincinnati Wrongful Death Lawyer
Investigate the Cause of the Death
In wrongful death trials, the facts are frequently unclear. There can be various reports of what happened.
These misunderstandings could become real problems when trying to determine liability.
However, these unclear situations might happen because the responsible person or entity tries to hide the truth or assign blame to avoid taking responsibility.
A wrongful death lawyer can investigate the scene to discover the truth.
Explain Legal Rights
In many cases, the surviving family members don't understand they're entitled to obtain compensation for the loss of their loved one.
Therefore, they should seek help from an experienced wrongful death lawyer who has repeatedly dealt with cases like these and can explain everything that needs to be done to get fairly compensated for the tragic situation and file a wrongful death lawsuit.
Negotiate the Compensation
Finally, not everyone is an expert at the art of negotiation, which can be terrible for those dealing with insurance companies.
These companies will do anything to offer the lowest possible compensations, which will rarely account for the real damages the victim and their family suffered.
That's why hiring a wrongful death attorney is crucial, as they know how to calculate a fair amount and fight for the claim to get settled.
Wrongful Death Possible Defenses
Legal defenses to a wrongful death case can also be provided to the defendant, just like any other legal process. Some of the most common defenses used by Cincinnati wrongful death lawyers are the following:
Lack of Causation - The offender must directly cause the victim's death for them to be held accountable for wrongful death.
Moreover, the defendant can be found innocent if the wrongful death attorney can show they were not the cause of the death.
Contributory Negligence - Depending on the situation and state legislation, if the dead individual contributed in any manner to their death due to their own negligence, it may be used by wrongful death lawyers as a whole or partial defense.
Statute of Limitations - Wrongful death cases often have a filing deadline. Most states allow surviving family members to file the claim for up to two years from the moment of their loved one's death.
The defendant can't be sued anymore if they miss this deadline. However, state-to-state variations in the deadline are possible.
Assumption of Risk - Another common defense that a wrongful death attorney can use is if the dead person knew there were hazards involved in a certain activity or product but still decided to perform the actions that led to their death.
Hire Schuerger Shunnarah's Wrongful Death Attorneys Today
Hiring a Cincinnati wrongful death attorney is the best option when someone wants to pursue compensation for a loved one's death.
Schuerger Shunnarah Trial Attorneys will make sure someone else's negligence doesn't go unnoticed and will achieve justice for the family member's death.
Our law firm has the best Cincinnati wrongful death attorneys, and we offer a free consultation to all our clients. Contact us today, and we will go to war for you!