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 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 your wrongful death lawyer Dayton, OH patients trust 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 a Dayton wrongful death 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 cases 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 from a Dayton wrongful death lawyer. We are experts in these cases and should quickly tell you whether it is worth pursuing. It is crucial to be open and honest with your lawyer. If you have a legitimate claim, the lawyer 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.

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.

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, which are one of the leading causes of wrongful death, responsible for more than 45,000 deaths each year. This is followed by defective products (21,000+ deaths) and workplace accidents (4500+ deaths).

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.

Can You Make a Medical Malpractice Claim at Any Time?

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 with help from a wrongful death lawyer Dayton, OH victims trust from Cowan & Hilgeman. There are several steps to take before filing a medical malpractice lawsuit; however, many states impose time limits on these suits, and remaining aware of these limitations may help you make a more effective suit and decide when to speak to a 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 your Dayton wrongful death lawyer can review, 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 an 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 Dayton wrongful death lawyer today for further advice, support and information. 

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.

Wrongful Death FAQs

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.

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.

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.

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, as a wrongful death lawyer Dayton, OH residents trust can tell you. 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 the lawyer. They will determine if the evidence will be included in your claim or not. Make sure to present any evidence that you find to the wrongful death lawyer 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 a lawyer’s advice. A wrongful death lawyer will explore the possibilities so that a larger compensation offer can be achieved for you. They will confront the insurance companies so that you won’t have to do the difficult and complex task yourself. They are familiar with their tactics, so they will have a higher chance at successfully securing a higher settlement.

What qualifies as wrongful death? 

A lawyer will need time to gather the evidence and facts to build the wrongful death argument as well, as a Dayton wrongful death lawyer can talk to you more about, 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 a 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. The 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. A seasoned and highly experienced wrongful death lawyer often sees wrongful death 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 a wrongful death lawyer to see if your case qualifies and you are eligible to file a claim. They 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. A wrongful death lawyer Dayton, OH residents trust 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 a 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, a 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. An experienced Dayton wrongful death 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 a 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 a qualified Dayton wrongful death lawyer, request a risk-free and confidential consultation with a lawyer that you can trust right away before it is too late to do so.

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 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.

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.