The untimely death of a beloved family member is one of the most devastating experiences anyone can face.
Grieving families are often left with overwhelming emotional pain, unexpected financial burdens, and difficult legal decisions.
Unlike personal injury cases, wrongful death claims are pursued on behalf of the deceased, requiring specific legal steps to hold the responsible party accountable.
While these steps may seem daunting, taking the right actions can help your family seek financial compensation for medical bills, lost income, and other damages.
We understand that handling legal matters during a time of grief can feel impossible.
Just as incapacitating injuries in personal injury cases prevent victims from handling claims themselves, a sudden loss can make it difficult for families to focus on legal and financial issues.
That’s where our legal team steps in—to handle the process for you, giving you space to focus on healing while we fight for justice on your behalf.
Below are some of the most important steps to take after losing a loved one due to negligence:
- Take the Time to Grieve: Your emotional well-being is the most important priority. Surround yourself with support from loved ones, grief counselors, or community resources.
- Obtain the Death Certificate: This official document is required for legal and financial matters related to your loved one’s passing.
- Gather Important Documents: Collect medical records, accident reports, and any communication related to the incident.
- Appoint a Personal Representative: If your loved one did not have a designated executor, a court may need to appoint a representative to manage the wrongful death claim.
- Consult an Experienced Wrongful Death Attorney: A legal team can guide you through the process, investigate the claim, and protect your rights.
- Preserve Evidence: If possible, keep records, photographs, and witness statements that may support your case.
- Avoid Speaking with Insurance Companies Alone: Insurers may attempt to settle quickly for less than your family deserves—let your attorney handle these discussions.
- File a Wrongful Death Claim Within Ohio’s Legal Deadline: The statute of limitations for wrongful death cases in Ohio is typically two years from the date of death.
Losing a loved one is never easy, and the legal process should not add to your burden.
Our legal team is here to take on the fight for justice, allowing you to focus on honoring your loved one’s memory while we pursue the compensation your family needs.
Gathering Evidence for a Wrongful Death Lawsuit
Evidence is the foundation of any wrongful death lawsuit, providing the proof needed to establish liability and seek justice for your loved one.
Strong evidence can demonstrate how negligence led to the death, support claims for financial losses, and ensure surviving family members receive fair compensation.
Since wrongful death cases often involve complex circumstances, working with an attorney to gather and preserve key evidence can make a significant difference in the outcome of your case.
Important Evidence in a Wrongful Death Case:
- Death Certificate: An official record confirming the cause and circumstances of death.
- Medical Records: Documentation of the deceased’s injuries, treatments, and medical history related to the fatal incident.
- Autopsy and Coroner Reports: Expert analysis detailing the cause of death and contributing factors.
- Accident Reports: Police reports, workplace incident reports, or other official records describing how the death occurred.
- Eyewitness Testimony: Statements from individuals who saw the event or have relevant knowledge.
- Expert Testimony: Analysis from medical professionals, accident reconstruction specialists, or financial experts.
- Financial Records: Proof of the deceased’s earnings, benefits, and financial contributions to their family.
- Surveillance Footage: Video evidence that may capture the incident or surrounding events.
- Defendant’s Records: Employment history, prior safety violations, or company policies that may indicate negligence.
Collecting this evidence helps build a strong case for compensation and accountability.
A wrongful death attorney can handle this process, allowing families to focus on grieving while making sure all critical information is preserved.
Damages in Wrongful Death Cases
Damages in a wrongful death lawsuit refer to the financial and emotional losses suffered by surviving family members due to their loved one’s passing.
Wrongful death compensation is designed to cover both tangible and intangible losses, helping families recover from the financial burdens and personal hardships caused by another party’s negligence.
These damages often include burial expenses, loss of income, and compensation for the emotional toll of losing a beloved family member.
In some cases, punitive damages may also be awarded to punish particularly reckless or intentional misconduct.
Since every case is unique, the value of a wrongful death claim depends on factors such as the deceased’s earning potential, the circumstances of their death, and the impact on their surviving family members.
Below are the most common types of damages that may be awarded in a wrongful death case:
- Medical Expenses: Costs for emergency treatment and medical care related to the fatal injury.
- Burial Expenses: Funeral and cremation or burial costs.
- Loss of Income: Compensation for the financial support the deceased would have provided to their family.
- Loss of Benefits: Pensions, health insurance, and other benefits the deceased would have earned.
- Loss of Companionship: Damages for the emotional loss of a spouse, parent, or child.
- Pain and Suffering: Compensation for the emotional distress suffered by surviving family members.
- Punitive Damages: Additional compensation meant to punish egregious negligence or intentional misconduct.
Calculating these damages requires a thorough understanding of Ohio’s wrongful death laws and how they apply to your case.
An experienced attorney can help assess your family’s losses and fight for the full compensation you deserve.