When a preventable tragedy takes the life of someone you love, the pain is immeasurable. At Cowan & Hilgeman, we work with families throughout Dayton who are facing the unimaginable aftermath of losing a loved one due to someone else's negligence or wrongful actions. We recognize that no legal outcome can restore what you've lost, but we are committed to helping you seek accountability and financial stability during this devastating time. Our firm has dedicated years to representing grieving families in wrongful death claims, and we approach each case with the compassion and tenacity your family deserves.
Wrongful Death Attorney Dayton OH
A wrongful death claim arises when a person dies as a direct result of another party's negligence, recklessness, or intentional misconduct. These cases can stem from various circumstances, including motor vehicle collisions, medical malpractice, workplace accidents, defective products, or acts of violence. Ohio law allows certain family members and representatives of the deceased's estate to pursue compensation for both economic and non-economic losses. Economic damages typically include medical expenses incurred before death, funeral and burial costs, lost income and benefits, and the loss of future financial support the deceased would have provided. Non-economic damages address the emotional toll, such as loss of companionship, guidance, and the relationship itself.
The legal process involves establishing that the defendant owed a duty of care to the deceased, breached that duty, and that this breach directly caused the fatal outcome. Proving liability requires thorough investigation, collection of evidence, witness testimony, and often collaboration with accident reconstruction specialists or medical professionals. Ohio law imposes a two-year statute of limitations on wrongful death actions, meaning families must file their claim within this timeframe from the date of death. Missing this deadline can permanently bar your right to seek compensation, making prompt legal consultation important for protecting your family's interests.
Experience Matters In Wrongful Death Cases
Having a Dayton wrongful death attorney with proven experience can make a significant difference in the outcome of your case and your family's future. When you work with our firm, you benefit from:
- Decades of combined legal experience handling complex wrongful death cases throughout Ohio, with a track record of securing substantial settlements and verdicts for families who have lost loved ones
- A compassionate approach that prioritizes your family's emotional well-being while aggressively pursuing justice on your behalf, keeping you informed at every stage without overwhelming you during an already difficult time
- Thorough investigation and case preparation that leaves no stone unturned, including working with top-tier investigators and professionals to build the strongest possible claim
- No upfront costs or attorney fees unless we recover compensation for your family, removing financial barriers to quality legal representation when you need it most
We handle all aspects of your wrongful death claim, from initial investigation through settlement negotiations or trial, allowing you to focus on healing and supporting your family.
How Our Wrongful Death Lawyers Can Help
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.
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, 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.
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.
Types Of Wrongful Death Cases We Handle
Ohio law allows certain family members to pursue wrongful death claims when negligence or misconduct causes a person's death. These cases arise from various circumstances, all sharing the common thread that the death was preventable and resulted from someone else's failure to act responsibly.
- Fatal Motor Vehicle Accidents: Car crashes, truck collisions, and motorcycle accidents claim thousands of lives each year. When drunk drivers, distracted motorists, or reckless operators cause fatal crashes, surviving family members can hold them accountable through wrongful death claims.
- Medical Malpractice Deaths: Surgical errors, misdiagnoses, medication mistakes, and delayed treatment can all lead to patient deaths that would not have occurred with proper care. Healthcare providers who breach accepted standards of care may be liable when their negligence proves fatal.
- Workplace Fatalities: Construction accidents, industrial incidents, and other workplace tragedies leave families without breadwinners and children without parents. While workers' compensation provides some benefits, third-party liability claims may be available against equipment manufacturers, contractors, or other negligent parties.
- Nursing Home Neglect and Abuse: Elderly residents who die from bedsores, malnutrition, medication errors, or physical abuse deserve justice. Facilities that fail to provide adequate care and supervision can be held liable for deaths resulting from their negligence.
- Defective Product Deaths: Dangerous consumer products, faulty medical devices, and defective vehicles sometimes cause fatal injuries. Manufacturers who put unsafe products into the marketplace bear responsibility when their defects lead to deaths.
- Pedestrian and Bicycle Fatalities: People on foot or bike have little protection when struck by vehicles. Drivers who fail to yield, run red lights, or operate recklessly can face wrongful death claims when their actions kill pedestrians or cyclists.
- Premises Liability Deaths: Fatal falls, swimming pool drownings, inadequate security leading to homicides, and other deaths on someone else's property may give rise to wrongful death claims. Property owners must maintain reasonably safe conditions and address known hazards.
- Criminal Acts and Assault: When violence takes a life, families can pursue civil wrongful death claims in addition to any criminal prosecution. Property owners, security companies, or others who failed to provide adequate protection may share liability for deaths resulting from foreseeable criminal acts.
- Drunk Driving Deaths: Intoxicated drivers who cause fatal crashes face both criminal charges and civil liability. Ohio's dram shop laws may also allow claims against bars or restaurants that overserved visibly intoxicated patrons who then caused fatal accidents.
- Aviation and Boating Accidents: Plane crashes and boating incidents that result from pilot error, mechanical failures, or negligent maintenance can support wrongful death claims. These cases often involve federal regulations and multiple potentially liable parties.
- Fires and Explosions: Deaths from fires and explosions may result from defective products, code violations, or negligent maintenance. Building owners, product manufacturers, and utility companies can all bear responsibility depending on the circumstances.
Ohio law specifies who can bring wrongful death claims and what damages may be recovered. The personal representative of the deceased person's estate typically files the lawsuit on behalf of surviving family members. Recoverable damages include funeral and burial expenses, medical costs incurred before death, lost financial support, loss of companionship and guidance, and the pain and suffering the deceased experienced before dying.
How To Prove Negligence In Wrongful Death Cases
A Dayton, OH wrongful death attorney can attest to just how complex wrongful death cases can be. In such cases, proving negligence is crucial for the plaintiff to receive justice and compensation for their loss. Negligence occurs when someone fails to exercise reasonable care, resulting in harm or death to another person. In this listicle, we will explore four effective ways to prove negligence in a wrongful death case.
Establish Duty of Care
In order to prove that negligence occurred, duty of care must be established. Duty of care refers to the legal obligation of an individual or entity to act reasonably and responsibly to prevent harm to others. In a wrongful death case, it must be shown that the defendant owed a duty of care to the deceased. For example, doctors have a duty of care to their patients, and employers have a duty of care to provide a safe working environment. By establishing this duty, you lay the foundation for proving negligence.
Breach of Duty
When duty of care is established, the following step is to find out whether the defendant breached that duty. This requires proving that the defendant's actions (or lack thereof) fell below the standard of care expected in the given circumstances. It involves comparing the defendant's conduct to what a reasonable person or a professional in their position would have done. Expert witnesses, such as medical professionals or accident reconstruction specialists, can provide invaluable testimony to establish the breach of duty.
Causation
Proving causation is a critical element in any negligence case, including wrongful death. You must demonstrate that the defendant's breach of duty directly caused or significantly contributed to the death of the victim. This can be challenging, as there may be multiple factors involved. Expert testimony and thorough investigation are essential in establishing a causal link between the defendant's actions and the fatal outcome. Some evidence that can play a key role in strengthening your claim include medical records and accident reports.
Damages
To succeed in a wrongful death case, you must prove the existence of damages resulting from the defendant's negligence. Damages can include financial losses, such as medical bills, funeral expenses, and loss of financial support. It also encompasses non-economic damages, such as pain and suffering, loss of companionship, and emotional distress experienced by the surviving family members. To achieve a fair settlement, collecting evidence of damages is necessary. Financial records, expert testimony, and personal testimonies can help establish the extent of the damages suffered.
Schedule Your Free Consultation
Proving negligence in a wrongful death case is a complex and challenging task. The process of proving negligence can be a daunting and complex task in a wrongful death case. However, by following these four effective ways - establishing duty of care, demonstrating breach of duty, proving causation, and presenting damages - you can build a strong case. It is crucial to gather compelling evidence, consult with expert witnesses, and work closely with an experienced attorney specializing in wrongful death cases. Contact a respected and qualified Dayton wrongful death lawyer Cowan & Hilgeman so that they can pursue the negligent party responsible for your loved one’s death.
Dayton Wrongful Death FAQ
Losing a loved one is devastating enough without having to worry about financial stability and justice. When someone dies due to another party's negligence or wrongful actions, families face not only emotional trauma but also mounting bills, lost income, and uncertainty about their future. A wrongful death claim can provide both accountability and financial relief during an impossibly difficult time. At Cowan & Hilgeman, we recognize that no amount of compensation can replace your loved one, but pursuing a legal claim can help secure your family's financial future and hold responsible parties accountable for their actions.
What Constitutes A Wrongful Death Case?
A wrongful death occurs when someone loses their life because of another person's negligent, reckless, or intentional conduct. These cases arise from various situations including car accidents, medical malpractice, workplace incidents, defective products, and criminal acts. The key factor is that the death resulted from actions or failures that violated a legal duty of care. For a claim to move forward, we must establish that the defendant owed a duty to the deceased, breached that duty, and directly caused the death, resulting in measurable damages to surviving family members. Ohio law permits specific family members to file these claims within strict timeframes.
Who Can File This Type Of Claim?
Ohio law designates the personal representative of the deceased person's estate as the party authorized to bring a wrongful death lawsuit. This representative is typically named in the will or appointed by the probate court if no will exists. The personal representative files the claim on behalf of eligible beneficiaries, including the surviving spouse, children, parents, and sometimes other dependents who relied on the deceased. Even though the personal representative initiates the legal action, any compensation awarded gets distributed among qualifying family members according to Ohio's wrongful death statutes. We help families identify the proper representative and beneficiaries throughout this process.
How Compensation Gets Calculated In These Cases?
Damages in wrongful death claims address both economic and non-economic losses that beneficiaries suffer. Economic damages include medical expenses incurred before death, funeral and burial costs, lost wages and benefits the deceased would have earned, and the value of services they provided to the household. Non-economic damages compensate for loss of companionship, guidance, protection, and the emotional suffering family members endure. We calculate future lost earnings by examining the deceased person's age, health, earning capacity, work-life expectancy, and potential career advancement. A Dayton wrongful death lawyer will gather employment records, tax documents, expert testimony, and other evidence to build a comprehensive damages case.
Why Time Limits Matter In Filing?
Ohio imposes a two-year statute of limitations on wrongful death claims, meaning families must file within two years of the death. This deadline is strict, and missing it typically results in losing the right to pursue compensation permanently. Exceptions exist in limited circumstances, such as when the defendant fraudulently concealed information or when the claim involves a minor. Starting early allows adequate time to investigate the incident, gather evidence, interview witnesses, consult experts, and build a strong case. Critical evidence can disappear, memories fade, and witnesses become unavailable as time passes, making prompt action vital for protecting your family's legal rights and maximizing potential recovery.
Attorneys handling wrongful death claims manage all legal aspects while families focus on grieving and healing. We investigate the circumstances surrounding the death, identify all liable parties, gather evidence including accident reports and medical records, consult with experts, and build a compelling case. Insurance companies often attempt to minimize payouts or deny claims entirely, but experienced legal counsel negotiates from a position of strength backed by thorough preparation. We handle all communication with insurers and defendants, file court documents, meet deadlines, and advocate aggressively for maximum compensation. Most cases settle out of court, but we're prepared to take your case to trial if necessary.
Contact Us Today!
Losing a loved one to a preventable death is a burden no family should bear alone. We invite you to contact our office for a confidential consultation to discuss your situation and learn about your legal options. Let us help you pursue the justice and financial recovery your family needs to move forward.
