Wrongful Death Lawyer
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Wrongful death is the legal term used for the untimely loss of life due to negligence caused by another. Wrongful death lawsuits may arise as a result of car accidents, slip and fall accidents, medical malpractice, nursing home negligence or product liability.
The objective of a wrongful death claim is to obtain compensation for surviving spouse, children and beneficiaries for their loss.
Wrongful death claims can often be critical to the economic well-being of the surviving family members if they relied on the decedent for financial support. Under the Ohio Wrongful Death Statute, compensation may be awarded for the following:
- 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; and
- The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent. Ohio Revised Code §2125.02(D)(1) requires that all wrongful death lawsuits must be filed within two (2) years from the date of death caused by the negligence. If you do not bring a wrongful death lawsuit within two (2) years, then you will be forever barred from compensation for the loss of a loved one.
Wrongful death lawsuits can be complex and often require the use of experts with a specialty in a particular area.
The wrongful death lawyers at Cowan & Hilgeman routinely consult with the best and brightest experts in their respective fields, including surgeons, engineers, accident reconstructionists, economic experts and many other top experts. The Ohio wrongful death lawyers at Cowan & Hilgeman know that experts can be essential to win a wrongful death lawsuit so it is important to retain the best expert in their field.
Whereas many types of injury claims can fit into a certain type of claim, our Ohio wrongful death lawyers realize that wrongful death lawsuits can arise out of many scenarios. While motor vehicles, medicine and products continue to become safer with advancements in technology, wrongful death claims continue to rise across the country. The National Safety Council reported that the number of wrongful deaths in 2016 as a result of motor vehicle accidents exceeded 40,000. The National Highway Traffic Safety Administration reported that motor vehicle wrongful deaths in 2016 were up 8%.
John Hopkins University School of Medicine estimated that medical errors resulting in wrongful death are the third leading cause of death in the United States. Estimates for wrongful death caused by consumer products, both medical devices and non-medical devices, are much tougher to determine as the data is not easily calculated. Wrongful death claims are more common now than ever.
In addition to a wrongful death claim that may be brought by the next-of-kin for the loss of their loved one, a survival claim may also be brought to recover compensation for the injuries to the deceased.
A survival claim is different than a wrongful death lawsuit and allows an individual on behalf of the deceased’s estate to following:
- Medical bills and expenses associated with treatment provided to the deceased as a result of the negligence;
- Lost income which would have been earned and derived by the decedent;
- Conscious pain and suffering of the decedent which includes mental anguish, loss of enjoyment of life and death
The loss of a loved one is never easy, especially when it comes as a result of negligence. It is important that the surviving family members have both emotional and legal support to get through these toughest of times. Ohio wrongful death lawyers at Cowan & Hilgeman understand these emotions and have experience handling wrongful death lawsuits caused by motor vehicle accidents, medical malpractice, nursing home negligence and product liability.
Wrongful death lawyers at Cowan & Hilgeman offer free case evaluations and only get paid an attorney fee if we win your case. You do not pay an attorney fee if we do not win your case. If you have questions regarding a potential wrongful death lawsuit, call our wrongful death lawyers today to speak with an attorney and schedule a free case evaluation.
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About Cowan & Hilgeman Law
Cowan & Hilgeman has provided legal services for clients in Dayton and Southern Ohio for over 20 years. We allow clients to concentrate all of their legal needs and demands within one firm by having over 70 years combined professional experience. It is our goal to stand behind our pledge "be a name, not a number" ensuring our full commitment to every case.