Cincinnati Wrongful Death Lawyer

Suddenly losing someone you love is hard. On top of that, you might also be worried about money and bills, which can make things even harder.

But there’s still some hope for a better future. If your loved one’s death happened because of an accident or something unusual, you might be able to get some help and money to make things easier and help you begin the healing process.

Crandall & Pera are experienced wrongful death lawyers in Cincinnati who understand what you’re going through. They’re here to help you figure out what to do and ensure you and your family get the help you deserve.

 

What Makes Our Cincinnati Wrongful Death Lawyers a Good Choice?

Team of Cincinnati Wrongful Death Attorneys at Crandall & Pera

When a tragic wrongful death occurs, having a skilled attorney with a proven track record can be the difference between securing the compensation your family deserves and facing insurmountable challenges.

Crandall & Pera Law is a respected legal firm that handles wrongful death cases. Our experienced attorneys are well-prepared to assist you during this difficult time, offering their experience and support to families dealing with wrongful death in Cincinnati and the surrounding areas.

  • Why Choose Us: Our team of wrongful death attorneys in Cincinnati is known for their unwavering commitment to each case, ensuring that justice is served for your loved one. We have a history of achieving successful client outcomes through settlements or verdicts.
  • Our Approach: Our attorneys bring valuable insights to wrongful death cases, including experience as former insurance and healthcare defense attorneys. This unique perspective allows us to craft compelling arguments for your claim, identify weaknesses in the opposing party’s strategy, and select expert witnesses, including medical and safety professionals, to provide unbiased and credible testimony.

We understand the emotional and financial toll that a wrongful death can take on a family. That’s why we offer a free consultation to discuss your legal options and guide your path to justice.

If you’ve lost a loved one due to someone else’s negligence or misconduct, contact Crandall & Pera Law today. We’re here to support you every step of the way in your pursuit of justice and compensation for your family’s loss.

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Visit Our Offices

You’ll find our Cincinnati office comfortable and inviting. We want you to feel at home telling us your story and working on your future together. You can find us at two convenient locations: 810 Sycamore Street and 4628 Aicholtz Road.

What Is a Wrongful Death Claim in Ohio?

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Under Ohio law, a wrongful death is caused by the wrongful act, neglect, or default of another party, which would have allowed the deceased person to file a personal injury lawsuit if they had survived (Ohio Rev. Code § 2125.01 (2021).

A wrongful death case is essentially a form of a personal injury lawsuit, but the injured person cannot bring the case to court themselves. Instead, someone else must file the claim on their behalf.

Wrongful death cases can arise from various situations, including:

  • Negligence-based incidents, such as car accidents.
  • Medical malpractice.
  • Intentional acts, including criminal actions.

Who Can File a Wrongful Death Claim in Ohio

The Ohio Revised Code § 2125.01 says only the deceased’s representative can file a wrongful death suit. It may be a spouse, child, or parent, it could also be a lawyer, financial advisor, or estate executor.

It depends on whether the deceased assigned an executor. If not, the probate court will appoint a third-party representative to oversee the lawsuit.

Ohio Statute of Limitations for Wrongful Death

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In Ohio, the statute of limitations for wrongful death lawsuits is generally set at two years from the date of the individual’s death.

Exceptions depend on the circumstances. Consult with an experienced Ohio attorney who understands wrongful death cases to get accurate and up-to-date information regarding the statute of limitations for your particular situation.

Laws can change over time, so seeking legal advice from a qualified attorney familiar with Ohio’s current laws and regulations is mandatory.

Who Can Serve as the Personal Representative of the Estate?

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In Ohio, a personal representative of the estate is appointed to manage the affairs of a deceased person’s estate, including any legal matters such as a wrongful death lawsuit.

Ohio law provides guidelines for who may serve as a representative.

These individuals or entities may include:

  • Executor Named in the Will: If the deceased person created a valid will and named an executor to administer the estate, that person will generally serve as the representative.
  • Surviving Spouse: If the deceased person did not name an executor in their will, the surviving spouse may have the right to serve as the representative.
  • Next of Kin: If there is no surviving spouse or named executor, the deceased person’s next of kin, such as adult children, parents, or siblings, may be eligible to serve.
  • Court-Appointed Administrator: If there is no valid will or the named executor is unwilling or unable to serve, the court may appoint an administrator to act as the Personal Representative.

The specific rules and procedures for appointing a Personal Representative can vary depending on the circumstances, and it’s essential to follow Ohio’s probate laws and court processes when seeking or contesting such appointments.

Consulting with an experienced probate attorney in Ohio ensures compliance with the relevant legal requirements and facilitates the proper administration of the estate, including handling a wrongful death claim when necessary.

Types of Wrongful Death Claims

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Wrongful death claims can arise from a wide range of circumstances where someone’s negligence, recklessness, or intentional actions lead to the death of another person.

Some common wrongful death claims include:

  • Car Accidents: Fatalities resulting from car crashes, whether caused by a negligent driver, a defective vehicle component, or hazardous road conditions, often lead to wrongful death claims.
  • Medical Malpractice: When a healthcare provider’s negligent actions or omissions result in a patient’s death, it can give rise to a wrongful death claim. Examples include surgical errors, misdiagnoses, medication mistakes, and inadequate patient care.
  • Workplace Accidents: Fatal workplace accidents, including construction site incidents, industrial accidents, or exposure to hazardous substances, can lead to wrongful death claims, especially if safety regulations are violated.
  • Product Liability: Defective products or equipment that cause fatal accidents, such as malfunctioning machinery, dangerous consumer products, or faulty medical devices, may lead to wrongful death claims against manufacturers or distributors.
  • Premises Liability: Fatalities resulting from dangerous property conditions, such as slip and fall accidents, inadequate security leading to violence, or building code violations, can lead to wrongful death claims against property owners or operators.
  • Nursing Home Abuse and Neglect: Wrongful death claims may result from elder abuse or neglect in nursing homes, leading to fatal injuries or medical complications for residents.
  • Criminal Acts: Intentional criminal acts like assault, homicide, or manslaughter can give rise to wrongful death claims, even if a criminal case is pursued separately.
  • Recreational and Sporting Accidents: Fatalities occurring during recreational activities, such as boating accidents, amusement park incidents, or sports-related injuries, may lead to wrongful death claims if negligence is involved.
  • Aviation Accidents: Plane crashes or other accidents resulting in fatalities may lead to wrongful death claims against airlines, manufacturers, or other responsible parties.
  • Dangerous Drugs: Fatalities linked to dangerous or defective prescription medications may lead to wrongful death claims against pharmaceutical companies or healthcare providers.

Consult an experienced wrongful death attorney to assess whether your specific circumstances warrant a wrongful death claim. A claim’s eligibility and potential success depend on the laws in your jurisdiction and the case details.

What Kind of Compensation is Available in Cincinnati Wrongful Death Claims?

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In a wrongful death claim, the type and amount of compensation (also called “damages”) awarded vary depending on several factors, including the jurisdiction’s laws and the case’s specific circumstances.

Common types of compensation in a wrongful death claim include:

Economic Damages

  • Medical Expenses: Compensation may cover medical costs incurred before the person’s death due to the injury or illness.
  • Funeral and Burial Expenses: Expenses related to the deceased person’s funeral and burial can be recovered in a wrongful death claim.
  • Lost Income: Surviving family members may be entitled to compensation for losing the deceased person’s income, including future earnings and benefits.

Non-Economic Damages

  • Pain and Suffering: Compensation may be awarded for the physical and emotional pain and suffering endured by the deceased person before their death.
  • Loss of Companionship: Surviving family members may receive compensation for the loss of companionship, guidance, and emotional support they would have received from the deceased.
  • Loss of Consortium: This type of compensation may be available to the surviving spouse for losing marital benefits and companionship.

Punitive Damages

Punitive damages punish the defendant for particularly egregious conduct or deter similar behavior.

The specific damages in a wrongful death claim can vary by jurisdiction, so consult an experienced wrongful death attorney familiar with your area’s laws.

The amount of compensation awarded depends on various factors, including the severity of the wrongdoing, the financial and emotional impact on the surviving family members, and the responsible party’s available insurance coverage or assets.

How Can a Wrongful Death Attorney Help?

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A wrongful death attorney can provide invaluable assistance and support in pursuing a wrongful death claim. Here are some ways in which a wrongful death attorney can help you:

  • Legal Experience: Wrongful death attorneys have legal knowledge and experience in handling wrongful death cases. They understand the laws and regulations concerning wrongful death claims in your jurisdiction, ensuring that your case is dealt with correctly and complies with all legal requirements.
  • Investigation: Attorneys can conduct a thorough investigation into the circumstances surrounding the death of your loved one. This includes gathering evidence, interviewing witnesses, and consulting with experts when necessary to establish liability.
  • Case Evaluation: Wrongful death attorneys can assess the strength of your case and provide you with a realistic evaluation of its potential for success. They can help you understand your rights and the potential outcomes of pursuing a claim.
  • Negotiation: Attorneys are skilled negotiators who can engage with the responsible party’s insurance company or legal representatives to seek a fair settlement on your behalf. They will work to maximize the compensation you receive.
  • Legal Filing: Wrongful death claims involve complex legal procedures and paperwork. Your attorney will handle all necessary legal filings, ensuring that deadlines are met and your case proceeds smoothly through the legal system.
  • Advocacy in Court: If a fair settlement cannot be reached through negotiations, your attorney will represent your interests in court. They will present your case, argue, and advocate for your right to compensation during trial.
  • Compensation Recovery: Attorneys will work diligently to secure the compensation you and your family are entitled to, including economic and non-economic damages. They will help you understand the types of compensation available in your case and their potential value.
  • Emotional Support: Dealing with the loss of a loved one and pursuing a legal claim can be emotionally challenging. A wrongful death attorney can provide compassionate support, guiding you through the process and offering understanding during a difficult time.
  • Peace of Mind: Hiring an attorney allows you to focus on grieving and healing while knowing that your legal matters are handled by a professional dedicated to your best interests.
  • Legal Strategy: Attorneys develop a strategic approach to your case, leveraging their experience to build a compelling argument for your claim. They will identify the most effective legal strategies to achieve a favorable outcome.
Marc Pera, Attorney for Wrongful Death in Cincinnati
Cincinnati Wrongful Death Lawyer, Marc Pera

Consult a qualified Cincinnati personal injury attorney to discuss your specific case and receive personalized guidance. They can navigate the legal process, protect your rights, and work toward obtaining the compensation you and your family deserve for your loss.

Hiring a wrongful death lawyer can significantly improve your chances of obtaining a fair settlement or favorable court verdict, ensuring that you receive the compensation you need to recover from your injuries and move forward with your life. Call us at (513) 977-5581 for your free consultation.