Dayton Wrongful Death Lawyer

Losing a loved one is one of the most painful experiences anyone can face—especially when the loss could have been prevented. If your family member’s death was caused by the negligence or misconduct of another person, business, or institution, you deserve answers, accountability, and justice. At Cowan & Hilgeman, our Dayton, OH wrongful death lawyers are recognized for professional excellence, ethical advocacy, and proven results.

We have helped families across Ohio pursue compensation for the financial and emotional impact of wrongful death, from medical malpractice to motor vehicle accidents and nursing home neglect. With decades of experience, our attorneys combine compassionate guidance with aggressive representation, standing by your side through every step of the legal process.

Your family should not carry the burden of someone else’s negligence alone. Contact us today to discuss your case and learn how our wrongful death attorneys can fight for the justice and recovery you deserve.

Understanding Wrongful Death Lawsuits

A wrongful death case is a civil action.  This means that another individual or company was at-fault for the death of another.  The surviving family members of the individual that suffered the premature and untimely passing are legally entitled to recover monetary damages.

Settlements and court awards in wrongful death cases can vary greatly.  There are many factors that can affect the value of a wrongful death case, so consulting with our experienced and trusted wrongful death attorney in Dayton, OH is important.

The four elements that you must prove to have a successful wrongful death case are: (1) duty; (2) breach of duty; (3) causation and (4) damages.  In other words, the at-fault party must breach a duty to another person which causes the wrongful death.

Elements of a Strong Case

Wrongful death cases occur in motor vehicle accidents, motorcycle accidents, truck accidents, medical malpractice, nursing home negligence and various other types of areas.  Regardless of the type of wrongful death case, all cases undergo two basic evaluations: liability and damages.

Liability: Legal obligation or duty of a party to the person injured.

Cause:  Proving that the liability caused the damages.

Damages:  The amount of money the law provides for the breach of an obligation or duty.

Damages available for wrongful death lawsuits are created by statute as codified in Ohio Revised Code §2125.02.

• 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;
• Loss of prospective inheritance to the decedent’s heirs at law at the time of the decedent’s death; and
• Mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.

Common Case Type - Medical Malpractice

Medical malpractice is a legal claim brought against a healthcare professional alleging that an injury to a patient was a direct result of negligence by that provider. As our wrongful death attorney from Cowan & Hilgeman can explain, some examples of medical malpractice include:

• Failure to obtain or listen to patient history
• Misdiagnosis or delayed diagnosis of symptoms
• Prescribing incorrect medication or dosage
• Misinterpreting lab results
• Surgical errors or unnecessary surgery
• Inadequate aftercare

Even the most experienced healthcare provider can make a mistake. Medical professionals carry liability insurance to cover malpractice claims. After a patient-provider relationship is established, a patient must show three things to prove medical malpractice:

Deviation From Standard Care

Medical professionals practice a common standard of care within their specialty. They are recognized within the industry as best practices. As a patient, you have the right to expect these standards will be followed. Negligence can be established with help from our medical malpractice lawyer if it is determined they have not.

Injury Due to Negligence

Negligence alone is not enough to allege medical malpractice. An injury must be sustained as a result of the medical professional violating standard of care. This is also referred to as causation. The patient needs to prove that the injury would not have occurred without the negligent action. Expert testimony can be used to verify this claim.

Damages Sustained

Damages refer to the monetary portion of the case. Medical malpractice claims can be lengthy and involve many people, so they can become expensive. Testimony needs to be taken from many different parties involved with the case. Significant damages should be incurred to make a medical malpractice case worthwhile. Some examples of damages are lost income, substantial medical bills, pain and suffering, and disability. The legal team needs to link these damages to the injury sustained, which can be difficult.

Find Out If You Have A Case

Medical malpractice is a serious violation that can leave lasting effects. If you think you have been a victim, find out the statute of limitations in your state and act sooner rather than later. Request a consultation with our Dayton wrongful death lawyer. We are experienced in these types of personal injury cases and should quickly tell you whether it is worth pursuing. It is important to be open and honest with our lawyer. If you have a legitimate claim, we will guide you in collecting evidence and witnesses until a fair settlement is reached. Ultimately, you may be able to recoup damages that occurred as a direct result of your injury.

Contact Our Dayton Wrongful Death Lawyers

No family should shoulder the financial and emotional fallout of a preventable death alone. At Cowan & Hilgeman, we investigate negligence, preserve critical evidence, and work with leading experts to pursue full compensation for medical bills, funeral expenses, lost income, and loss of companionship.

Learn more about your rights on our personal injury page or schedule a free consultation today. We work on a contingency fee basis — you pay nothing unless we win.

The Five Key Signs That You May Have a Wrongful Death Case

Death can be an unexpected and heartbreaking time, especially when the loss of a loved one has been caused by the actions of another person or company. If you lost a family member as the result of negligence, you may have grounds to file a wrongful death lawsuit against the parties that were responsible for the loss of your loved one. There are some common elements that wrongful death attorneys look for when investigating cases and deciding whether they can help clients sue on their behalf. Here are some common signs that you may have a case in which to pursue justice on behalf of your deceased family member; contact our attorney today at Cowan & Hilgeman for help.

The Party Causing the Accident Was Negligent

If the party causing the accident was negligent, and a wrongful death occurred, you have grounds for a wrongful death suit. Negligence can come in the form of not seeing an object on the roadway, speed and reckless driving, or not maintaining your car. It is important to find a personal injury lawyer to help investigate this angle as well as discuss other factors that may play into such a case including family issues such as custody battles and inheritance issues. These are all things that you may have to take into consideration when investigating the details of your case.

There Are Witnesses

All wrongful death cases will have witnesses who can testify that the death was wrongful. These witnesses are often family members or friends of the deceased who saw the events unfold and can tell the court what really happened. If you are not yet sure if you can pursue this type of claim, make sure to speak with our attorney right away. There is no time limit on when you must file your case, but waiting too long could hurt your chances for success.

Evidence Exists

Evidence is essential in court. Our attorney may not need all the evidence to win your case, but we will use what evidence we can get to support our argument that the defendant was responsible for your loved one's death. We can tell you what evidence to collect and how to do it so that you have all the proof needed for trial. It's important to keep copies of any text messages or emails you send to your loved one as well as any phone calls or voicemails from them. These types of communications are often used by attorneys in order to argue that the defendant was negligent because he/she knew about the risk and still failed to warn your loved one about it.

Criminal Activity Led to Your Loved One’s Death

This one is pretty self-explanatory. If someone died because of intentional violence, someone else could be held accountable for the wrongful death. The criminal might be criminally liable for wrongful death, or those who didn’t protect the victim from criminal activity may also be at fault. For example, if police knew about some drug dealers in your neighborhood and didn’t do anything to stop them, they may have failed to protect you and your loved ones from drug violence.

Insurance Policies Are in Place

In most cases, insurance policies exist before wrongful death. This means that if you suspect someone has committed wrongful death against your loved one, it is always important to investigate their personal and professional history for clues about their ability to afford life insurance.

If you believe a loved one has experienced a wrongful death, contact our Dayton wrongful death lawyer at Cowan & Hilgeman for help.

5 KEYS SIGNS THAT YOU MAY HAVE A WRONGFUL DEATH CASE INFOGRAPHIC

Dayton Wrongful Death Statistics

According to national statistics, one of the leading causes of preventable deaths is medical malpractice. Nearly 225,000 people die every year from some form of medical malpractice, including from surgical errors, incorrect diagnosis, and incorrect dosages.

Another leading cause of preventable deaths is motor vehicle accidents, responsible for more than 45,000 deaths each year. This is followed by defective products (21,000+ deaths) and workplace accidents (4500+ deaths).

Time Limit to File a Wrongful Death Lawsuit

Ohio Revised Code §2125.02(D)(1) requires that all wrongful death lawsuits 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.

Dayton Wrongful Death Lawyers with Experience

Cowan & Hilgeman has some of the top wrongful death lawyers Dayton, OH has to offer.  The legal system can be intimidating and confusing, which is why consulting with our attorneys can help put your mind at ease.  With decades of experience helping thousands of clients, our team consults with the best and brightest experts in their respective fields, including surgeons, engineers, reconstructionists and economic experts.

If you believe a physician or medical group caused you permanent injury, you may be able to recover any monetary loss resulting from the incident. There are several steps to take before filing a medical malpractice lawsuit; however, many states impose time limits on civil actions, and remaining aware of these limitations may help you make a more effective claim and decide when to speak to our lawyer.

General Time Limits 

While there are time limits for most malpractice suits, they can vary depending on the location where the incident occurred, including:

• Up to two years
• No more than five years
• A maximum of six years

The victim and/or their surviving family members may lose your right to file a malpractice suit after the time limit ends, although there are a few exceptions to this rule that may give you a continued opportunity to recover lost wages and have your medical bills covered.

The Rule of Discovery

In some cases, medical errors may not be obvious until weeks or months later. Sometimes it may take years for problems to present themselves. For example, if an error occurred while you were delivering a child and the attending physician used forceps to assist with the process and injured the infant's brain, the effects may not be obvious until that child does not develop properly. This may prompt the rule of discovery, which means you still have a right to file a lawsuit.

Other Exceptions 

While you may discover a past injury that may be connected to a medical error, there are not many exceptions for filing a lawsuit once the statute of limitations expires. Depending on your state of residency, as our Dayton wrongful death attorney can attest, the rule of discovery is likely the only exception available to you.

Speaking To an Attorney 

One of the most effective ways to discover the time limitations of your medical malpractice suit is to speak to our attorney once you realize the nature of the error. If the time limit for your state has already passed, you can ask them if the rule of discovery might apply to your case. Gather documentation pertaining to the alleged injury, as well as any medical bills you might have incurred for treatment of the issue. An initial consultation can be useful as a pathway to a viable lawsuit.

Recovering from a medical injury can make life difficult, especially once bills pile up and you can no longer work. Help is available, however, so call our personal injury law firm today for further advice, support, and information. 

Wrongful Death FAQs

When you are planning to file a wrongful death lawsuit, it is important that you understand what goes into filing one before you take those first steps. This is why it can be incredibly beneficial to work with our Dayton wrongful death lawyer when you are in the beginning phase of your wrongful death case. You should not hesitate to come to our lawyer with any questions you may have as you begin this process.

Who is Eligible to File a Wrongful Death Suit?

There are a few parties who would be eligible to bring a wrongful death lawsuit forward. For example, a person who is deemed as the “personal representative” of the loved one’s estate may do so. This can include a spouse, a child, or a parent of the deceased. Each state has different mandates regarding who can file a wrongful death claim and the length of time they will be able to bring it forward after the loved one’s passing.

How Long Will My Wrongful Death Suit Take?

We wish we had a straightforward answer for how long a wrongful death suit could take. Unfortunately, every case is incredibly unique and will have its own factors that dictate how long it will take. The case may be especially difficult, you may settle the case or move forward with going to trial, and you may wish to appeal if you did not get the compensation you were looking for. There are many things and events that could push the case to go longer and our lawyer will be able to update you during the duration of the case to give you an idea of how long they believe it could go on for.

Is Filing a Wrongful Death Lawsuit Vindictive?

It is important to understand that filing a wrongful death lawsuit is not in any way vindictive. This is one of the misconceptions there is about filing a case like this. It is also not a means for the person who caused the death of your loved one to be criminally punished. Wrongful death suits are civil cases, not criminal cases. As such, this means that you are filing this suit so that you can receive compensation for things like burial costs and medical bills that your loved one had as a result of their injuries and passing. If a court says that you are an appropriate party for filing a wrongful death suit, then you have the right to try to recover compensation for costs after your loved one died.

How To Find the Best Wrongful Death Lawyer Dayton, OH Has to Offer?

Injured victims need aggressive wrongful death lawyers with experience that will go to battle for them. Is the wrongful death attorney answering the tough questions? Or, do they avoid answering the question? Can he or she walk you through the entire claim process and provide detail about each phase of the claim? Will they be accessible? If you have any doubts about these questions, then you need to find a new lawyer.

Reviews from past clients are a great way to evaluate how the lawyer is likely to treat you throughout the claim process.  Many lawyers will tell clients what they want to hear during the initial telephone call or meeting, but a detailed review from a previous client will give you great indication of what to expect from start to finish. Also, will your case get the attention it deserves or lost in the mix with all the other cases?

Should You Take the Settlement?

Just like most personal injury lawsuits, a wrongful death lawsuit often doesn’t go to trial. Instead, the other party’s insurance company often tries to settle beforehand. However, while an initial settlement might sound tempting, insurance companies like to “low-ball” their victims. Their offer might not even go far enough to cover all your immediate expenses let alone compensate for the prolonged emotional distress.

Our lawyer will fight for you and make sure that you’re receiving the right amount of compensation following a wrongful death lawsuit. Our lawyer can negotiate with the insurance company and apply legal pressure when necessary or will know how to overcome obstacles such as when an insurance company is refusing to speak or increase their offer.

What Evidence Should I Preserve? 

It is important that you preserve any and all evidence that may have for your loved one’s wrongful death case if you intend to file one. Keep all photos, accident reports, police reports, medical records, bills and other important things that you may have that are relevant to the case. Even if you do not believe that evidence is necessary or will even be useful at all, keep it anyway so that you can give it to our lawyer. We will determine if the evidence will be included in your claim or not. Make sure to present any evidence that you find to our team as soon as you find them.

Can You Negotiate the Settlement If It is Too Low? 

For some claimants who are offered a settlement package, they may find that the amount is too low. Insurance companies rarely extend a fair offer, and they are counting on victims to simply accept the low offer without taking further action to counter it or seek our lawyer’s advice. We will explore the possibilities so that a larger compensation offer can be achieved for you. We will confront the insurance companies so that you won’t have to do the difficult and complicated task yourself. We are familiar with their tactics, so we will have a higher chance at successfully securing a higher settlement.

What Qualifies as Wrongful Death? 

Our lawyer will need time to gather the evidence and facts to build the wrongful death argument as there are many different wrongful death scenarios. These common scenarios include failure to provide duty of care and a failure to follow safety procedures and policies. If our lawyer finds evidence that an individual’s actions or decisions amounted to negligence, and their actions resulted in the victim’s death, then a wrongful death lawsuit can be filed. Our personal injury lawyer will determine evidence in the case if it can be proven that negligence occurred.

What Are Some of the Most Common Wrongful Death Cases? 

Common types of wrongful death cases include auto accidents, workplace accidents, construction accidents, and medical malpractice. Our seasoned and highly experienced wrongful death lawyers often see cases that involve these types of accidents. If you have recently lost a loved one due to an accident at work or because they received improper care, you can consult with our attorney to see if your case qualifies and you are eligible to file a claim. We will investigate the case to see if someone’s negligent actions or decisions directly led to the accident that resulted in your loved one’s death.

Are All State Laws the Same Regarding Wrongful Death Cases?

No, they most certainly are not. Wrongful death laws can vary widely from state to state. That is why it is important to educate yourself on the unique wrongful death laws in your state, such as the statute of limitations to bring a claim. Our Ohio personal injury attorney can inform you about your state’s wrongful death laws.

What is the Statute of Limitations to File a Wrongful Death Claim in Ohio?

The statute of limitations refers to the amount of time you have to file a wrongful death claim. In Ohio, the statute of limitations is two years after the decedent's death. After that deadline has passed, your family will no longer be eligible for compensation. As such, you should discuss your case with our reputable lawyer as soon as possible. You do not want to lose out on your right to compensation.

When Can Medical Professionals Be Sued for Wrongful Death?

Medical malpractice is one of the most common causes of wrongful death. Doctors and other medical professionals can get sued for wrongful death for various reasons. For example, if a doctor diagnoses a patient with the incorrect illness and the patient’s actual condition progresses, he or she may die. In this case, the patient’s family members may be able to sue for wrongful death. Wrongful death cases can also result from medication mistakes, surgical errors, anesthesia errors and infections.

What Damages Are Available in a Wrongful Death Case?

If your family member was killed due to someone else’s negligence, our Dayton wrongful death lawyer may be able to help you obtain several types of damages. These damages may include medical bills, funeral and burial expenses, loss of the deceased’s future income and loss of the deceased’s companionship.

What’s the Difference Between a Criminal and Civil Case in Terms of Wrongful Death?

If a wrongful death resulted in a criminal case, the state brings charges against the defendant. If the defendant is found guilty, he or she would most likely receive a prison sentence. A wrongful death case brought in civil court, on the other hand, is not punishable by prison. Instead, if the defendant is found negligent, he or she is ordered to pay the surviving family members damages.

Is Wrongful Death Difficult to Prove?

Just like personal injury cases, wrongful death cases can sometimes be difficult to prove. The burden of proof in a wrongful death case is the same as in personal injury cases, but the plaintiff in a wrongful death claim is a surviving family member of the deceased. In order to have a successful wrongful death claim, you will need to provide sufficient evidence that the defendant’s negligent actions resulted in your family member’s death. Our experienced lawyer can assist you with this.

When Should I Hire a Wrongful Death Lawyer? 

If you suspect that your loved one’s death was due to the negligent actions of another person or company, you may be able to take legal action against them with the help of our seasoned lawyer. You should not postpone at least exploring your legal options, because the statute of limitations to file a claim is limited to just a few years from the date your loved one died. To receive legal assistance from our qualified Dayton wrongful death lawyers, request a risk-free and confidential consultation before it is too late to do so.

Wrongful Death Glossary

When dealing with the unexpected loss of a loved one, legal terminology can feel overwhelming. It helps to be familiar with specific terms used in these types of cases. Below are five key legal concepts often encountered in wrongful death claims. Understanding them can help you make more informed decisions as you begin the legal process.

Personal Representative

In Ohio, the person who files a wrongful death claim must be the personal representative of the deceased individual’s estate. This person is either named in the decedent’s will or appointed by the probate court if there is no will. While the personal representative leads the legal process, the compensation obtained in a wrongful death lawsuit is for the benefit of surviving family members such as spouses, children, or parents. Their role is administrative but essential for filing a valid claim in court.

Loss Of Society

This term describes the emotional and relational impact experienced by surviving family members due to the decedent's passing. It includes loss of companionship, guidance, affection, protection, and care that the deceased provided. Unlike financial losses, these are personal, subjective losses that courts take into consideration when determining how much the surviving family should receive. This concept is unique to wrongful death actions and reflects the emotional void left behind, especially for spouses and dependent children.

Medical Standard Of Care

The medical standard of care refers to the level of treatment that a reasonably competent healthcare professional would provide under similar circumstances. If a doctor, nurse, or hospital deviates from this standard and a patient dies as a result, a wrongful death claim based on medical malpractice may be filed. Proving that the standard was not met typically requires testimony from other medical professionals. These cases often hinge on whether a deviation directly caused the death, not just that an error occurred.

Causation In Medical Malpractice

Causation in wrongful death cases, especially involving medical malpractice, means proving that the healthcare provider’s action (or inaction) was the direct reason for the death. This is more than simply showing that a mistake happened. It must be clear that the error was the actual cause of the death and not a coincidental factor. Witnesses often provide opinions to establish a clear link between the breach of standard care and the resulting fatal outcome.

Wrongful Death Settlement

A wrongful death settlement is the financial agreement reached between the parties involved without going to trial. Insurance companies often make early offers to resolve claims, but these are typically lower than the amount the claim may truly be worth. The settlement amount is meant to compensate for both financial losses and intangible effects like emotional distress. It is critical that the settlement be thoroughly reviewed by legal counsel before accepting, as accepting it usually means the case cannot be reopened later.

If you’ve lost a loved one and believe a wrongful death lawsuit may be appropriate, it’s important to speak with our knowledgeable personal injury attorney. Our team at Cowan & Hilgeman can guide you through the process and explain what your next steps should be.

We’re ready to review your situation and offer guidance. Contact us today to speak with our Dayton wrongful death attorney about your legal options.

Speak With a Dayton Wrongful Death Attorney Today

If you’ve lost a loved one due to negligence, timely legal guidance matters. Our team will explain your options, handle insurers, and fight to hold the responsible parties accountable while you focus on your family.

Request your free consultation now and visit our personal injury page for additional resources.

Cowan & Hilgeman - Dayton Wrongful Death Law Firm

12 W Monument Ave
Dayton, OH 45402

Dayton Wrongful Death Lawyers with Experience

Cowan & Hilgeman has some of the top wrongful death lawyers Dayton, OH has to offer. The legal system can be intimidating and confusing, which is why consulting with our personal injury team can help put your mind at ease.  With decades of experience helping thousands of clients, the wrongful death lawyers at Cowan & Hilgeman consult with the best and brightest experts in their respective fields, including surgeons, engineers, reconstructionists and economic experts.

Get the Legal Help You Need

Moving on from a loved one’s passing can be extremely difficult when they died from negligence. You should not hesitate to get legal help after your loved one has passed away as a result of someone else’s negligence or carelessness. If you have any more questions or would like to speak with a lawyer you can trust about your wrongful death case, give our personal injury law firm a call today.