Losing a loved one is devastating under any circumstance. But when that loss is caused by another person’s negligence, recklessness, or wrongful act, the grief is often overpowered by the need for accountability.
The Attkisson Law Firm has stood with Cincinnati families through some of their hardest moments. Our compassionate team of wrongful death attorneys is here to guide you through the claims process and fight for the compensation you deserve.
In Ohio, wrongful death is defined as a death caused by another person’s wrongful act, neglect, or recklessness. Wrongful death claims may arise from many types of accidents or wrongful conduct, including:
If your loved one could have brought a personal injury lawsuit had they survived, then their estate may be able to pursue a wrongful death claim. The Attkisson Law Firm’s wrongful death attorneys will walk you through the filing process and ensure you know all your options.
In Ohio, only the personal representative of the deceased’s estate may file a wrongful death lawsuit. This individual may be named in the deceased’s will, or, if none exists, they may be appointed by the probate court.
Damages from a wrongful death action are then distributed among the surviving family members, typically the spouse, children, and parents of the deceased. Other family members, such as siblings or grandparents, must prove direct and compensable losses to be eligible.
A wrongful death claim allows surviving family members to seek damages that reflect these losses and provide long-term security. Compensation is typically divided into two main categories: economic damages and non-economic damages.
Economic damages cover measurable financial losses, such as:
Families also suffer intangible but profound losses, including:
An experienced wrongful death attorney can ensure the full scope of your family’s losses is presented to the court.
Every wrongful death claim in Ohio must follow specific state laws and court procedures. These rules not only determine who can bring a claim, but also how long families have to take legal action and how fault is assessed.
Understanding these deadlines and requirements is incredibly important, as even a small delay or missed step can prevent your family from receiving compensation. That is why working with The Attkisson Law Firm can make all the difference.
Ohio law requires wrongful death claims to be filed within two years from the date of death, or from discovery that the death was wrongful. The discovery rule is typically used if you didn’t find out that someone else was at fault for your loved one’s death until a later date. In this case, you would then have 2 years to file a claim from the date of the discovery. Failure to meet these deadlines prevents families from recovering compensation.
For cases involving medical malpractice, the statute of limitations is one year from the date of death or discovery of malpractice, whichever applies. Because timelines can be strict, contacting a wrongful death attorney as soon as possible is necessary to pursue compensation.
Ohio follows a comparative negligence standard. This means that fault may be shared among multiple parties. If the deceased is found partially at fault, damages may be reduced based on their percentage of fault. Our skilled wrongful death lawyers can investigate thoroughly to prove liability and protect your family’s right to compensation.
We understand that dealing with a wrongful death claim in Ohio can be overwhelming, especially alongside the grief of losing a loved one. Our attorneys handle every detail from opening the probate estate to gathering crucial evidence and securing expert testimony. We keep you informed at every step of the way. Whether you want to be deeply involved or prefer us to manage most of the process, we tailor our approach to your needs.
The Attkisson Law Firm has a strong track record of delivering meaningful results for families facing fatal tragedies in Southwest Ohio. Our attorneys have recovered millions of dollars in compensation through settlements and jury verdicts in wrongful death, car accident, and other personal injury cases.
Some of notable case results for wrongful death and fatal accident claims include:
If you lost a loved one due to someone else’s actions, you don’t need to fight this alone. Our dedicated wrongful death attorneys know the way around a courtroom and will not back down from complicated cases.
If you are searching for a wrongful death lawyer to rely on, The Attkisson Law Firm is here to help. Schedule a free consultation to discuss your case and learn how our team can pursue justice for your loved one.
Call (937) 400-0000 today to speak directly with a trusted wrongful death attorney near you and take the first step toward closure and accountability.
Only the personal representative of the estate can file, though compensation is distributed among eligible family members.
Most wrongful death claims must be brought within two years of the death. Medical malpractice wrongful death claims usually must be filed within one year.
Families may recover both financial damages (lost income, medical costs, funeral expenses) and non-economic damages (pain, suffering, companionship, emotional loss).
Yes. Wrongful death cases are complex, involving probate court, detailed evidence, and statutes of limitations. An experienced Cincinnati wrongful death attorney can protect your rights and maximize your claim.
