Losing a loved one is never easy. Handling a wrongful death claim or lawsuit on your own can only make matters more difficult.
Allow a Cincinnati lawyer to handle your wrongful death lawyer case. Bressman Law has over 25 years of experience. We will handle your case with the compassion, skill, and empathy it deserves.
You Generally Have Two Years to File Your Wrongful Death Lawsuit
For the most part, if you lost a loved one, you could have two years to file your lawsuit, according to Ohio Revised Code (ORC) §2125.02. The statute of limitations in your case will depend on the details of your situation, such as:
- Whether the at-fault party left Ohio to evade legal consequences
- When your loved one passed away
- The identity of the at-fault party (since cases against government entities are typically shorter than the standard timeframe)
Filing your lawsuit on time is extremely important. The other party could move for dismissal, and if your case is filed outside of the two-year deadline, the judge could grant it. This would make it very hard for you to recover compensation. Our team can review the facts of your case and file your lawsuit on time.
Damages You Can Recover in a Wrongful Death Case
A wrongful death lawyer in Cincinnati will fight to recover the following damages on your behalf:
Your Loved One’s Funeral
We believe that if another party caused your loved one’s passing, they should pay for the cost of laying your lost family member to rest. These damages may include payment for the following:
- The casket
- Floral arrangements
We can also recover compensation for reserving the funeral venue.
Your Loved One’s Medical Bills
Your loved one may have required intensive medical care before they passed away. Even with health insurance, these costs can be overwhelming. However, we can include costs for the following in your claim:
- Life support
If you needed to hire an in-home nurse to look after your loved one, this could be included in your claim, as well.
Without your loved one’s income, you may find it difficult to maintain your quality of life. We can use information from their boss, employment records, and pay stubs to learn more about their lost earning potential.
Loss of Consortium
If you lost your spouse, you could recover compensation for their loss of affection, society, and companionship. Our team will calculate this expense based on the details of your case.
There are other losses that you could recover that we have not included here. Bressman Law wants you to feel good about the outcome of your case. If you are looking to recoup compensation for an expense not included here, we encourage you to share those details with us.
Situations That Could Result in Wrongful Death
Our team manages practice areas that can result in wrongful death. When building your case, we will do so based on evidence. For instance, if you lost a loved one in a car accident, we could use the police report to establish negligence. Some of our practice areas include:
- Car accidents
- Truck accidents
- Bicycle accidents
- Bus accidents
- Pedestrian accidents
- Dog bites
We understand that some injuries can prove fatal over time. For example, if your loved one suffered a traumatic brain injury, they could have been unable to survive this condition. We can help families in these types of situations, too.
What do I Need to Prove in a Wrongful Death Case?
Most areas of personal injury law are built on negligence. You must prove that your loved one’s passing was the result of another party’s inability to keep others safe. In general, this includes establishing:
- Duty of care. The other party in your case—whether that be another motorist, government department, or parts manufacturer—had an obligation to keep your loved one from getting hurt.
- Breach of duty of care. The other party neglected to uphold their duty of care, meaning that they performed an action that endangered your loved one.
- Causation. The other party’s actions resulted in your loved one’s passing.
- Damages. You have damages stemming from your loved one’s passing, such as funeral expenses, medical bills, and other related financial losses.
Bressman Law knows what goes into proving negligence. We can investigate your circumstances and explain what course of action could award you compensation.
Two Things We Want You to Know About the Legal Process
We pride ourselves on transparency, communication, and experience. As such, we want you to be informed about your legal options from the very beginning. Here are some things that we want to share with you:
Most Wrongful Death Cases do Not Go to Court
Our decades of experience have taught us that most cases do not go to court. The American Bar Association (ABA) can back us up on this, too. We will negotiate with the liable insurer for an out-of-court settlement. However, if they do not agree to fairly compensate you, we will proceed with filing a lawsuit.
You Do Not Have to Accept the First Settlement Offer
Insurance companies put their interests first. They may do the following to get you to accept a low settlement:
- They may advise you against working with a lawyer.
- They may tell you that you only have a limited amount of time to accept a settlement.
- They may claim that an offer is “the best they can do.”
- They may refuse to answer your calls, making you anxious to settle your case.
With a wrongful death lawyer from our firm serving Cincinnati on your side, you do not have to worry about dealing with the insurer. Let us do that for you.
Bressman Law is Ready to Build Your Case
Call us today, and a representative from our firm can answer any questions you have about your case and connect you to a lawyer from our team.