Dayton Wrongful Death Lawyer | Kisling, Nestico & Redick
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Legal Help for the Grieving

Wrongful Death Lawyers in Dayton, OH

When you lose a loved one due to the negligence or wrongful actions of another, the family should know their legal options. The compassionate Dayton wrongful death lawyers at Kisling, Nestico & Redick can help. Let us explain the law, what compensation you may be entitled to, and how to hold the party at fault accountable.

Our firm carries the legal burden for our grieving clients and aims to make filing a wrongful death claim as smooth as possible. KNR offers free, initial consultations and no upfront fees. Find out what’s next when you contact our team of injury attorneys in Dayton, Ohio. Call (937) 427-4048.

At KNR, we ask, ‘what can we do?’ so you move on with more.

Ohio’s Wrongful Death Laws

Ohio Rev. Code § 2125.01 states a wrongful death is any caused by the negligence, default, or wrongful act of another. If the decedent had not succumbed to their fatal injuries, they would have the opportunity to file a personal injury lawsuit against the at-fault party.

Wrongful death lawsuits are similar to personal injury claims, with the exception that the decedent is unable to pursue the case on their own.

Wrongful death claims can be brought in cases of:

  • Negligence
  • Medical malpractice
  • Misconduct
  • Intentional acts of violence.
  • Dayton Wrongful Death Actions: Who Can File?

    Although you might have assumed being a surviving family member means you have the right to file a wrongful death claim, you might be surprised to learn that this is not the case.

    Ohio Rev. Code § 2125 says only the personal representative of the decedent’s estate has the authority to file a wrongful death claim. This could be any party the deceased named before their passing, such as a surviving spouse, parent, adult child, or other third parties.

    If the decedent did not assign a representative of their estate, the court has the authority to appoint an executor.

    Survival Actions vs. Wrongful Death Claims

    Many people use the terms wrongful death claim and survival action interchangeably. However, survival actions are much different. Survival actions are filed by the decedent’s estate for damages from the day the decedent was injured until the day they succumbed to their injuries.

    Survival actions allow the family members to obtain compensation for the decedent’s physical pain and suffering, loss of income, and other relevant damages.

    Dayton Wrongful Deaths: Common Causes

    Wrongful death can happen in virtually any unfortunate incident or accident. However, there are some accidents where wrongful death cases are more frequent. These wrongful death events include:

    • Assault
    • Motor vehicle accidents
    • Commercial truck accidents
    • Work Injuries
    • Factory accidents
    • Construction accidents
    • Slip and fall accidents
    • Negligent security
    • Improper maintenance
    • Swimming pool accidents

    Proving Negligence Caused a Death

    If you are pursuing a negligence-based wrongful death claim, your attorney must prove the defendant’s negligence. To do this, they must demonstrate these elements of negligence:

    • The defendant owed the decedent a duty of care which means they had an obligation to protect the decedent’s safety and well-being or was otherwise required to take reasonable care
    • The defendant breached their duty of care by failing to meet that obligation or making a mistake that breached their duty
    • The defendant’s breach of duty caused the death or fatal injuries through neglect or default
    • The decedent suffered injuries that ultimately took their life and caused their family substantial damages
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    Wrongful Death Compensation

    Whether you file an insurance claim or civil lawsuit for the death of a loved one, you need to be prepared to prove liability based on a preponderance of the evidence. This means collecting evidence, filing official court documents, moving through the discovery phase, negotiating with those involved, and sometimes presenting your case at trial.

    While resolving wrongful death cases in court is rare, the evidence of the liable part’s role and responsibility must be compelling. It will need to leave a little doubt that the defendant is at fault for your loved one’s death.

    At KNR, we ask, ‘what can we do?’ so you move on with more.

    Wrongful Death Damages

    Surviving family members may be entitled to various damages when pursuing a wrongful death action in Dayton. These damages represent the assorted financial and non-financial losses you incurred and can be compensated for. Wrongful death compensation may include:

    • The decedent’s funeral and burial expenses
    • The decedent’s medical expenses and equipment fees
    • The surviving family members loss of the decedent’s financial support
    • The surviving family members loss of the decedent’s family services, including childcare and household maintenance
    • The surviving family members loss of the decedent’s protection, advice, instruction, care, society, counsel, guidance, love, and companionship
    • The surviving family member’s emotional distress at the loss of their loved one
    • The surviving family member’s loss of a potential inheritance

    These are only a few damages that could be awarded in a wrongful death claim in Dayton. Speaking with an attorney is the best way to gauge what to expect.

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    $1,800,000 Settlement in a Wrongful Death Case

    KNR was able to obtain a 1.8 million dollar settlement in a wrongful death case against The Greater…

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    Our Dayton Wrongful Death Attorneys Can Help

    When your family is ready to take action against the liable party, but you do not know where to turn for help, meet with a dedicated Dayton wrongful death lawyer at Kisling, Nestico & Redick.

    Learn more about what legal options may be available when you contact Kisling, Nestico & Redick. Schedule your no-cost, risk-free consultation today. Complete our form or call our Dayton office at (937) 427-4048 to get started.

    At KNR, we ask, ‘what can we do?’ so you move on with more.

    Dayton Wrongful Death FAQs

    How long do I have to file my wrongful death claim?

    Under Ohio Rev. Code § 2125.02, the statute of limitations for wrongful death lawsuits in Ohio is just two years. If your wrongful death claim is not filed before this deadline, the Dayton civil courts will likely refuse to hear your case.

    This is a limited amount of time to pursue your wrongful death claim. The sooner you get an attorney working for you, the more likely we can gather valuable, time-sensitive evidence that we need to prove liability in your wrongful death insurance and civil claims.

    How are wrongful death damages divided?

    No matter who files, any wrongful death damages awarded will typically go to the decedent’s surviving spouse and children first. If the decedent did not have a surviving spouse or children, the decedent’s surviving parents might be entitled to the damages awarded in the wrongful death lawsuit.

    However, suppose other family members can prove to the court that they have endured compensable losses because of the decedent’s passing. In that case, they may also be entitled to a portion of the damages awarded in your day and a wrongful death claim. If you have questions regarding how damages are divided, do not hesitate to contact your attorney.

    Do you need an autopsy for a wrongful death lawsuit?

    No legal requirement states an autopsy is necessary to pursue a wrongful death lawsuit. However, an autopsy can provide valuable evidence. It can show the courts how the decedent passed away, which could ultimately point to the defendant. Proving negligence and liability is essential for your wrongful death claim to be successful. If you are still considering whether to obtain an autopsy, be sure to discuss your concerns with your lawyer.

    Our Wrongful Death Lawyers in Dayton Will:

    • Open up an investigation into the cause of your loved one’s death
    • Obtain evidence to prove culpability in your wrongful death claim
    • Establish liability for the decedent’s passing
    • Gather compelling evidence, including witness statements, expert testimony, medical records, and financial statements
    • Review your families damages to calculate the value of your Dayton wrongful death claim
    • File claims with the insurance company and negotiates, where applicable
    • Provide you with regular wrongful death case status updates
    • Ensure your rights are protected both with the insurance company and in court
    • Work with you on contingency, so you don’t have to pay us a dime if we don’t win your case
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