Losing a loved one is heartbreaking. When someone’s careless or criminal act caused your loved one’s death, your grief can be overwhelming. When a fatal injury turns your life upside down, you have to hold the liable party accountable. A compassionate Cincinnati wrongful death lawyer can help.
Kisling, Nestico & Redick could help your family get compensation and justice. Call 1-800-HURT-NOW to schedule a free consultation.
What Is a Wrongful Death Claim in Cincinnati?
Criminal charges seek criminal penalties involving prison time and fines. Wrongful death claims are separate from criminal charges. A Cincinnati wrongful death lawyer can file a claim or lawsuit on your behalf to recover compensation for your emotional and economic losses.
We know that no amount of money will change or make up for the loss of your family member. However, you have the right to seek financial recovery from the liable party.
Burden of Proof in a Wrongful Death Claim
The burden of proof is also different in wrongful death claims. In criminal court, the state must prove guilt beyond a reasonable doubt to obtain a conviction. In civil court, your fatal injury lawyer needs to prove fault based on evidence.
In other words, a wrongful death lawyer shows that it is more likely than not that another party caused your loved one’s untimely demise.
Damages Recovered in Cincinnati Wrongful Death Claims
Surviving family members of the deceased are entitled to compensation when someone else causes their loved one’s death. Your family may be able to recover a wide variety of both economic and non-economic damages.
Some commonly sought damages in Cincinnati wrongful death claims include:
- The decedent’s medical expenses
- Funeral and burial expenses
- Loss of the decedent’s financial support
- Loss of the decedent’s household contributions
- Loss of potential inheritance
- Loss of the decedent’s earning capacity
- Emotional distress
- Loss of comfort and love
- Loss of society, advice, and guidance
- Punitive damages
Generally, the decedent’s surviving spouse, children, and parents will recover the compensation awarded in a wrongful death claim. Other family members could recover compensation as well if the conditions warrant it.
How Kisling, Nestico & Redick Could Help Your Family
While your family tries to cope with the loss of your loved one, your wrongful death lawyer can handle the legal details of your case. To start, we will need to figure out who is at fault. How your family member passed away will likely determine who is responsible for their death.
We Establish Liability
While we establish fault, we will be gathering evidence to support your case. We will review witness statements and obtain the necessary reports. We may need to hire expert witnesses to testify on your behalf.
We Determine a Value for Your Loss
Our Cincinnati wrongful death attorneys calculate the value of your claim. We consider all your losses and demand maximum compensation on your behalf.
We File Your Claim
Finally, it will be time to file your insurance and wrongful death claims. We take care of all communication with the insurer and negotiate a settlement. If the insurance company will not negotiate in good faith or denies your claim, we can take your case to court.
Cincinnati Wrongful Death FAQ
Filing a lawsuit while you’re grieving is stressful. You probably have many questions. The FAQ below answers the most common questions that family members ask about wrongful death claims.
Who Can File a Wrongful Death Claim in Ohio?
Ohio law requires the personal representative or executor to file the claim. The personal representative could be anyone the decedent named in their estate but is often a surviving spouse or adult child. If the decedent died without a will, the court could appoint a personal representative.
How Long Do I Have to File a Cincinnati Wrongful Death Lawsuit?
You have two years to file a wrongful death claim in Cincinnati. The statute of limitations is strict. Failure to file your claim in time will result in the dismissal of your wrongful death lawsuit.
Who Can I Sue for Wrongful Death?
You could sue anyone who played a part in your loved one’s death. Your lawyer will need to analyze the evidence in detail. Any person or party who was negligent or otherwise responsible for the decedent’s death can be held accountable.
How Much Is a Wrongful Death Case Worth in Cincinnati?
Every person’s case is different. Your attorney will closely review your family’s damages to determine full and fair compensation.
Contact a Wrongful Death Lawyer in Cincinnati Today
Has your family been devastated by a wrongful death? Get justice for your loved one’s passing with the help of a trusted Cincinnati wrongful death lawyer. Call Kisling, Nestico & Redick at 1-800-HURT-NOW or use our contact form to request a free consultation.