It is always tragic when a spouse, parent, or child is taken away too soon. Adjusting to life without the caregiver, provider, or treasured child who has died is a burden no one should have to endure. Nothing can ease the pain or bring back the lost loved one. However, when the death was the result of an accident that was caused by another party’s negligence, recklessness, or carelessness, you may be able to take legal action against the at-fault party and recover financial compensation for your loss. This is known in Ohio as a wrongful death claim and the attorneys in the Cincinnati law firm of Shane Smith have the skill and experience to represent you when you have lost a loved one.
What Is Wrongful Death?
In legal terms, a wrongful death is a death caused by a wrongful act, neglect, or default that would have entitled the victim to file a claim for damages if he or she had not died. In other words, an accident that would have led to a personal injury claim if the victim had survived can be cause for a wrongful death claim if he or she does not survive. Examples of possible wrongful death claims include the following:
- A vehicle accident caused by a drunk driver
- A car crash caused by a driver who was speeding, reckless, or violated a traffic law
- A semi-truck crash caused by a fatigued trucker or poor maintenance of the truck
- A slip and fall on a wet floor in a grocery store
- An assault in a poorly lit parking garage
- A pedestrian accident at an intersection caused by a careless driver
To prove a wrongful death claim, the negligence of the responsible party will have to be demonstrated and supported with strong evidence. Our experienced attorneys understand what makes a good wrongful death claim and will fight for the compensation you deserve when you have suffered such an unimaginable loss.
Damages That May Be Awarded
According to the Ohio wrongful death statute, damages can be awarded for medical expenses and other economic losses incurred by the decedent in the time between the accident and his death. In addition, the following non-economic damages may be awarded:
- Loss of support from the reasonably expected earning capacity of the decedent
- Loss of services of the decedent
- Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent
- Loss of prospective inheritance to the decedent's heirs at law at the time of the decedent's death
- The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent
These non-economic damages can be difficult to quantify, but our experienced wrongful death attorneys know how to determine the potential value of these kinds of losses and will make sure you get what you are entitled to when you have lost a loved one.
What You Need to Know About Ohio Wrongful Death Claims
The sooner you contact our wrongful death attorneys after you have lost a loved one in a tragic accident, the more we will be able to help. It’s important to be aware that you must file a wrongful death claim within two years of the date of your loved one’s death under Ohio’s statute of limitations. Also, except in limited circumstances, claims can only be filed on behalf of the decedent’s spouse, parents, or children.
Contact the Cincinnati Office of Shane Smith
We understand that this is a difficult time for you. We handle our wrongful death cases with extreme sensitivity and compassion. When you contact us after a loved one’s death, we will be honest about whether you have a claim or not. If you do, we will take care of all the details so you have the freedom and space to mourn with your loved ones. When a tragic accident takes the life of your spouse, parent, or child, call our Cincinnati office as soon as possible. We are here to help.