Wrongful Death Lawyer Dayton, OH

If your loved one has lost his or her life due to the negligence of another individual or company, you need a wrongful death lawyer Dayton, OH residents trust, that is experienced.  Recognized as excellent and trusted car wrongful death lawyers in Dayton, OH by peers for achieving the highest level of professional excellence for legal expertise, communication skills, and ethical standards, Cowan & Hilgeman will help pursue the justice you deserve.  

What Is a Wrongful Death Lawsuit?

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 an experienced and trusted wrongful death lawyer in Dayton, OH is important. 

The four elements that you must prove to have a successful car accident injury 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.    

Do I Have a Wrongful Death Lawsuit?

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.  

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 with the help of a wrongful death lawyer Dayton, OH. 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 an 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 an 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. An attorney may not need all the evidence to win your case, but they will use what evidence they can get to support their argument that the defendant was responsible for your loved one’s death. A Dayton wrongful death lawyer 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 a Dayton wrongful death lawyer at Cowan & Hilgeman for help.

What Is the 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 the respected car wrongful death lawyers at Cowan & Hilgeman 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.  

What To Know Before Filing a Wrongful Death Lawsuit

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 a Dayton wrongful death lawyer when you are in the beginning phase of your wrongful death case. You should not hesitate to come to your 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 bring this type of suit forward 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 your 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. 

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 Cowan & Hilgeman a call today. 

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.  When deciding to hire a wrongful death lawyer, is the wrongful death lawyer answering the tough questions? Or, do they avoid answering the question? Can the wrongful death lawyer walk you through the entire claim process and provide detail about each phase of the claim? Will the wrongful death lawyer be accessible? If you have any doubts about these questions, then you need to find a new wrongful death 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? Contact Cowan & Hilgeman today to speak to a wrongful death lawyer Dayton, OH trusts regarding your injury. 

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. 

The right lawyer will fight for you and ensure that you’re receiving the right amount of compensation following a wrongful death lawsuit. Your 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. 

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 the respected car wrongful death lawyers at Cowan & Hilgeman 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.  

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.  When deciding to hire a wrongful death lawyer, is the wrongful death lawyer answering the tough questions? Or, do they avoid answering the question? Can the wrongful death lawyer walk you through the entire claim process and provide detail about each phase of the claim? Will the wrongful death lawyer be accessible? If you have any doubts about these questions, then you need to find a new wrongful death 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? Contact Cowan & Hilgeman today to speak to a wrongful death lawyer Dayton, OH trusts regarding your injury.