Hamilton Wrongful Death Attorney
If you recently lost a beloved member of your family, we want to extend our deepest condolences. We understand how devastating this is for a family. Our Hamilton wrongful death lawyers invite you to contact us for a free, zero-obligation consultation, so you can discover how to seek justice and closure. If your family has grounds for a wrongful death claim in Ohio, this could help you move forward.
At Elk & Elk, our Hamilton personal injury lawyers are committed to giving a voice to those who no longer have one. Call 1-800-ELK-OHIO to speak to our Hamilton wrongful death attorneys today.
Do You Need a Wrongful Death Lawyer?
Your family is already going through enough in the aftermath of a fatal accident. You should not also have to deal with the stress of a wrongful death lawsuit. When you hire a lawyer, you benefit from an experienced professional handling the legal process on your behalf.
You can focus on grieving and healing while your lawyer handles matters such as filling out confusing paperwork and negotiating with an insurance carrier. Most importantly, a lawyer will provide emotional support, answer your questions and help you find some peace of mind during the most difficult time of your life.
What Is Wrongful Death?
Ohio Revised Code Section 2125.01 defines wrongful death as a fatal injury caused by another person’s neglect, default or wrongful act. If someone was careless, reckless or wanton, and this caused a death, the at-fault party could be liable. The law states that if death had not ensued and the victim could have held the defendant liable for the injury, there are grounds for a wrongful death lawsuit.
Who Can File a Wrongful Death Claim in Ohio?
A wrongful death claim is a type of lawsuit that can be brought on behalf of the deceased person’s estate and surviving family members. It serves to reimburse the estate and survivors for losses connected to a loved one’s death. According to Ohio law, only the personal representative of the deceased individual’s estate has the right to file a wrongful death claim.
The representative of the estate may be assigned by the decedent’s last will and testament or decided among family members. Otherwise, the probate court can assign a representative. The representative of the estate will file a lawsuit on behalf of family members who have suffered losses due to the death, such as the decedent’s surviving spouse, children and parents. Anyone who can prove he or she suffered compensable losses can recover compensation.
How Long Do You Have to File a Wrongful Death Lawsuit in Ohio?
It is important to quickly consult with a lawyer about a wrongful death lawsuit, as you do not have an unlimited amount of time in which to file. Ohio’s statute of limitations on wrongful death actions gives families two years from the date of the victim’s death to bring a legal claim. With only rare exceptions, if you try to file a wrongful death lawsuit after two years have passed, the courts in Hamilton will dismiss your case.
What Financial Compensation Is Available?
At Elk & Elk, we know money is not the driving factor for most families to file wrongful death lawsuits. They want justice for their loved ones. A monetary recovery, however, can provide important financial stability for surviving loved ones – especially after the death of the breadwinner.
A successful wrongful death lawsuit in Ohio could reimburse your family for past and future financial losses. This may include funeral and burial expenses, medical costs, attorney’s fees, court costs, lost income and inheritance, loss of consortium, and loss of the loved one’s companionship and care. The estate may also recover compensation for the victim’s pain and suffering, lost wages, and other damages.
Call the Hamilton Wrongful Death Lawyers at Elk & Elk
If you recently lost a loved one in a preventable accident in Hamilton, Ohio, contact the wrongful death attorneys at Elk & Elk for help. We care about you and your family and are passionate about holding wrongdoers accountable. Find out how we can help you during a free consultation at our closest law office. Contact us 24/7/365.