Some of the most devastating cases we experience as a Colerain Township wrongful death attorney are when a client loses a loved one due to someone else’s negligence. Families are left behind, struggling to make sense of how their loved one is suddenly gone.
Loss can lead to:
Anger
Sadness
Shock
Depression
In many cases, the loss puts a financial strain on survivors. If the deceased was a husband, wife, father or mother, the loss might mean difficulty paying for food, rent or mortgage payments and keeping the lights on.
We understand how complex and confusing losing a loved one due to someone else’s negligent actions can be. We can’t bring your loved one back, but we can fight for the compensation that you deserve.
769 accidental deaths investigated by the coroner’s office in 2022
153 fatal work injuries were reported in Ohio in 2022
Note: Accidental deaths may include wrongful death, but they’re not all a result of wrongful death.
Legal Definitions of Wrongful Death in Ohio
A Colerain Township wrongful death attorney at Kruger & Hodges will determine if you have a wrongful death claim that you can pursue. Ohio’s Revised Code Ch. 2125 grants the right of a survivor to seek damages.
Wrongful death occurs when another person’s negligence is responsible for a person’s death. You may also fall within the realm of a survival action, depending on the situation. For example:
Wrongful death assigns a value to the person’s death to compensate for the value of their life.
Survival action allows survivors to seek damages from the at-fault party for the decedent’s pain and suffering, medical bills and other related expenses.
Causes of wrongful death can be many, such as:
Drunk or reckless driving
Hazardous property or workplace conditions
Manufacturing defects
Medical malpractice
Nursing home abuse
Your lawyer will need to prove that the claim has all of the primary elements to constitute a wrongful death.
Do I Have a Case?
The best way to determine whether you have a case is to schedule a consultation with a Colerain Township wrongful death attorney.
Cases involving wrongful death can be quite complex, and there are several factors that will determine whether you have a valid claim.
The first and most important step is to identify responsible parties and establish liability. In order to file a wrongful death claim, you must be able to show that the death was caused by the wrongful or negligent act of another party.
Establishing negligence means proving that the other party:
Owed the decedent a duty of care. For example, if your loved one was killed in a drunk driving accident, the other driver had a duty of care to drive safely and obey traffic laws. The duty of care is clear-cut in this scenario.
Breached their duty of care. Using the above example, the intoxicated driver breached their duty of care by operating a vehicle while under the influence and failing to obey the rules of the road.
Caused the accident and subsequent injuries because of their breach of duty. In the above example, the accident may not have occurred had the driver been sober and following traffic laws.
Caused damages. As a result of the other party’s breach of duty and the subsequent accident, damages were incurred.
Under Ohio law, you may be able to seek damages for your loss of:
Financial support and services from your loved one
Companionship
Consortium
You may also be able to seek compensation for:
Medical expenses
Death benefits
Mental anguish
Calculating the damages in a wrongful death claim can be complex. Our lawyers know how to value a claim and establish liability in a wrongful death claim.
How to Choose A Wrongful Death Lawyer
The loss of a loved one is devastating, but it’s especially devastating when their loss is caused by someone else’s negligence. Responsible parties should be held accountable for their actions.
A lawyer can help you seek justice and compensation for your losses.
When choosing a lawyer, consider their:
Do they have experience handling wrongful death claims? You need a lawyer who understands the nuances of wrongful death cases and how to build a strong claim.
Communication policy. Are they responsive? Will they return your calls or respond to your messages quickly? Your lawyer should be accessible and be in touch with you regularly to update you on the progress of your case.
Commitment and compassion. Are clients their top priority? In cases involving wrongful death, families are going through an extremely difficult and stressful time. It’s important to work with a compassionate lawyer who will be committed to helping you seek maximum compensation for your losses.
Does the lawyer have a positive reputation? Have they succeeded with previous wrongful death claims? You need a competent lawyer who will strive to achieve the best possible outcome in your case.
The attorneys at Kruger & Hodges can assist clients in Colerain with their wrongful death claims. Our clients are our top priority, which is why they have direct access to us via our personal cell phones. We’ll fight to help you obtain the maximum compensation you are entitled to under the law.
How Kruger & Hodges Can Help with Your Wrongful Death Claim
At Kruger & Hodges, we understand that the loss of a loved one can turn your world upside down. Right now, the most important thing is to heal and grieve with your loved ones.
Our attorneys can guide you through the claims process, so you can focus on more important things.