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Cincinnati Wrongful Death Lawyer

Experienced Wrongful Death Attorneys in Cincinnati, OH and Northern Kentucky

The sudden loss of a family member or loved one due to someone else’s negligence, recklessness, or intentional actions is an unimaginable tragedy that leaves families devastated and searching for answers. The grief is often compounded by the anger and confusion that come with knowing the death could have been prevented. Whether your loss stems from a motor vehicle accident, medical malpractice, or a work-related incident, it’s only natural to want to ensure that your family receives the fair compensation and justice you deserve. A Cincinnati wrongful death lawyer can help make sure that happens.

At TLF: The Medical Injury Law Firm, we are committed to supporting families who have experienced such profound loss. With over 50 years of experience, our Kentucky and Ohio wrongful death attorneys are here to guide you through the legal process, helping you explore your legal options and ensuring your rights are fully protected. 

Cincinnati Wrongful Death Lawyer

We’re prepared to work tirelessly to pursue justice on your behalf, negotiating for a settlement that reflects the true extent of your loss and the impact it has had on your family. If a fair settlement cannot be reached, we’ll take your case to court and fight for maximum compensation there, leaving no stone unturned and no expense unaccounted for.

You don’t have to face this difficult time alone—our dedicated team is here to help you navigate the legal system and fight for the compensation you and your family deserve. To speak with an experienced wrongful death attorney on our team, please call our Cincinnati, OH law office at (513) 651-4130, our Covington, KY law office at (859) 578-9130, or reach out online to schedule a free consultation today.

What is Wrongful Death?

When a person’s death occurs as a result of the negligence, misconduct, or wrongful act of another, the surviving family members have the right to file a wrongful death action in civil court. Similar to a personal injury lawsuit, this legal process helps hold the responsible parties accountable and secure compensatory damages for the suffering and financial burdens placed on the survivors. 

Wrongful death lawsuits seek to provide restitution for a range of losses, including funeral expenses, medical expenses incurred before the person’s death, lost earnings that the deceased would have provided, and the emotional impact of losing companionship and support.

Covington Wrongful Death Lawyer

Common Causes of Wrongful Death

Wrongful death cases can arise from a variety of tragic circumstances where fatal injuries are caused by someone else’s negligence or an intentional act. As such, these cases may stem from things like car accidents, medical malpractice, nursing home abuse, workplace accidents, assault, or even defective products and premises liability issues. 

Unfortunately, wrongful deaths can happen in many different scenarios, but understanding some of the most common causes can help families recognize when they may have a claim. Below are some of the most frequent wrongful death cases that we encounter in our practice.

Medical Malpractice

Survivors of the deceased may have the right to file a wrongful death claim against doctors or medical care providers if medical malpractice played a role in their loved one’s passing. This could include situations where a physician provided a misdiagnosis, failed to diagnose a critical condition, delayed diagnosis, or otherwise deviated from the accepted medical standard of care. Surgical errors, birth injuries, and anesthesia mistakes are only a few examples of ways in which negligent medical care can result in further medical complications and/or the tragic loss of life. In some cases, nursing home neglect and abuse may also contribute to wrongful death, where the neglect or mistreatment of elderly patients leads to fatal outcomes. 

For a medical malpractice lawsuit to be successful, it must be demonstrated that the doctor or medical provider acted negligently and that this negligence directly caused the patient’s death. Proving these elements is essential for holding the responsible parties accountable and seeking justice for the survivors.

Motor Vehicle Accidents

A wrongful death lawsuit can be pursued if a person tragically loses their life in a motor vehicle accident due to another driver’s negligence. Car accidents, semi truck accidents, motorcycle accidents, and other traffic-related accidents often result in devastating consequences, especially when the at-fault driver was careless or reckless behind the wheel. Investigators may uncover that the driver who caused the accident was engaging in negligent behavior, such as drunk driving, distracted driving, failing to obey traffic regulations, or driving aggressively. These actions can significantly increase the risk of a fatal car accident and potentially lead to a wrongful death claim.

Cincinnati Wrongful Death Attorney

Intentional Acts

In addition to the criminal case that will likely transpire, the intentional killing or murder of another person may result in a civil wrongful death lawsuit. Even if the defendant was not found guilty in the criminal case, a wrongful death verdict may still be achieved (as they require a lesser burden of proof) and the victim’s family compensated for their loss. 

Work-Related Accidents

Workplace accidents are another common cause of wrongful death actions, particularly in industries where safety risks are high, such as construction, manufacturing, and transportation. These tragic incidents often occur due to unsafe working conditions, inadequate safety protocols, or employer negligence. 

When a worker loses their life on the job, the surviving family members may pursue a wrongful death claim to hold the responsible parties accountable. Such claims seek compensation for the loss of income, emotional suffering, and other damages resulting from the untimely death of their loved one.

Defective Products and Premises Liability

When a product is poorly designed or manufactured, it can lead to fatal injuries, and the responsible parties—such as manufacturers or distributors—can be held liable through wrongful death claims. Defective products might include malfunctioning medical devices, dangerous drugs, malfunctioning machines and equipment, and even faulty children’s toys.

Things like slip-and-fall accidents, inadequate security, and other hazards on a property can also result in deadly outcomes. In these cases, property owners may be held accountable in a wrongdul death claim if they failed to maintain safe conditions or neglected to address known dangers.

Ohio Wrongful Death Attorneys

Who Can File a Wrongful Death Suit?

In both Ohio and Kentucky, a wrongful death lawsuit can only be filed by the personal representative of the deceased person’s estate, who is appointed by the probate court. This is often a close family member, such as a spouse, parent, or child. The personal representative brings the claim on behalf of the surviving family members. If the claim is successful, the damages will then be distributed among the surviving spouse, children, or parents according to state laws. 

It’s important to consult with an experienced wrongful death attorney to understand the specific eligibility requirements and process for filing a claim in each state.

How Do You Prove Wrongful Death?

In order to bring a wrongful death lawsuit, you must first prove that a wrongful death actually occurred. So how do you do that? 

In order to prove wrongful death, several factors must be present. These factors include the following:

  • A death occurred as a result of the negligence of another person or another person’s intent to harm or kill the individual.
  • The defendant owed the deceased individual a certain duty of care and subsequently violated or “breached” that duty of care.
    • For a medical malpractice case, this breach of duty refers to the typical medical standard of care. 
    • For deaths resulting from a car accident, this duty of care may be the responsibility to follow the rules of the road and drive safely when operating any vehicle. 
    • In work-related accidents, the employer owes his or her employee a duty of care that includes proper safety precautions and a safe work environment. 
    • For intentional killings, this duty of care is simply obeying the law and respecting basic human morals. 
  • By breaching the implied duty of care, the defendant’s actions directly caused the death of the individual.
  • The family or survivors of the deceased individual suffered financial losses as a result of the death.
How Do You Prove Wrongful Death

How to Sue for Wrongful Death

In order to sue for wrongful death, the plaintiff, with the help of their wrongful death lawyer, must also meet the prescribed “burden of proof” in demonstrating each of the aforementioned criteria. While each state’s laws may define the burden of proof differently, it is typically required that elements of negligence are established by a preponderance of the evidence. 

Many states, for example, require jurors to decide whether the defendant was “more likely than not” responsible for the individual’s death, which requires significantly less proof than in a criminal case, where the bar is often set at “beyond a reasonable doubt.”

Though it may be easier to prove that a defendant is more likely than not guilty compared to proving they were guilty beyond a reasonable doubt, suing for wrongful death can still be a rather difficult and complex process. Your Kentucky or Ohio wrongful death lawyer will need to gather as much evidence as possible to build your case and prove the required elements of the claim. 

To achieve this, our Covington and Cincinnati wrongful death attorneys at TLF: The Medical Injury Law Firm will immediately begin an investigation into your case to identify any and all responsible parties. We will collect all necessary evidence, contact witnesses, and consult with experts, including forensic and economic specialists, to document support for your claim and ensure you receive the compensation you deserve for your loss. 

How to Sue for Wrongful Death

How Long Do You Have to File Wrongful Death Claims?

Like with filing a personal injury claim, wrongful deaths require you to bring the lawsuit within the specified timeframe laid out in your state’s statute of limitations. Below are the wrongful death lawsuit statute of limitations for both Ohio and Kentucky.

Statute of Limitations for Wrongful Death in Ohio

Under Ohio law, the statute of limitations for wrongful death is two years from the date of the death. Failure to file a claim within this time period may result in the court’s refusal to hear the matter. However, if an inquiry into the death does not identify the cause of death until later, you may still be able to submit a claim.

Statute of Limitations for Wrongful Death in Kentucky

In Kentucky, wrongful death claims have a one-year statute of limitations from the date the decedent’s personal representative is appointed. However, if the decedent’s personal representative is appointed more than one year from the date of death, plaintiffs have two years from the date of the death to file a claim. 

Wrongful Death Lawyers in Cincinnati

Who Gets the Money in a Wrongful Death Lawsuit?

The money awarded from a wrongful death lawsuit is typically shared among the surviving family members who have incurred losses as a result of the death. Each state has its own set of laws that determine who will recover damages and sometimes, in what order they may receive them.

According to Ohio’s intestate rules, damages will be allocated based on inheritance rights. This typically includes the surviving spouse, children, parents, or other dependents of the deceased. Grandparents, siblings, and other relatives are often not entitled to compensation unless they can demonstrate that they have incurred legally compensable losses.

Kentucky’s legislation is very specific about who will receive the settlement money in a wrongful death claim. According to Kentucky Statute 411.130, family members may obtain compensation in this order:

  1. Surviving spouse
    1. If the surviving spouse has no children with the deceased, they will receive the full settlement.
    2. If the surviving spouse does have children with the deceased, the children and spouse must divide the award equally between themselves.
  2. If no surviving spouse, the surviving children of the deceased will obtain the full award.
  3. If no surviving spouse or children, the parents of the deceased will obtain the full award.
  4. If there are no surviving parents, spouse, or children, the award will go to the decedent’s estate. Once the estate’s debts are paid, the remaining amount will go to any individuals named in the decedent’s will.

Once damages have been determined and the lawsuit is resolved, the at-fault party’s insurance company must provide the survivors with a check for the full settlement amount.

Statute of Limitations for Wrongful Death

How an Experienced Wrongful Death Lawyer Can Help

Experiencing the wrongful death of a loved one is undoubtedly an incredibly painful and traumatic event. The emotional toll is immense, and the added burden of navigating legal proceedings related to your loved one’s death can make the situation even more overwhelming. In such a difficult time, it’s crucial to find an experienced wrongful death lawyer who not only has the resources and skill to handle your wrongful death matter but also provides the compassion and understanding you need.

A skilled attorney can help guide you through the legal process with sensitivity, ensuring that your personal needs are met while working diligently to help you recover compensation for your loss. This allows you to focus on healing while knowing that your legal rights are being fiercely protected.

Why Choose TLF For Your Wrongful Death Case?

At TLF: The Medical Injury Law Firm, our lawyers are sensitive to the difficult nature of wrongful death lawsuits, which is why we work to see these legal matters resolved as efficiently and effectively as possible. We go to great lengths to find qualified experts in every specialty to ensure the most compelling support for your claim. While we strive to produce the necessary burden of proof to win your case, we also work closely with you and your family to ensure that you have all you need to support you during this difficult time.

Rest assured, an experienced Covington or Cincinnati wrongful death lawyer on our team will be by your side every step of the way, answering all of your questions and making every effort to get you through this difficult time and relieve you from the hassles of litigation.

Why You Need a Lawyer for Wrongful Death Cases

Helping Families Recover Maximum Wrongful Death Damages

Our wrongful death lawyers at TLF are committed to helping families recover maximum compensation for all possible damages in wrongful death claims. We understand the profound impact a wrongful death can have, so we fight tirelessly to ensure that every aspect of your loss is accounted for in your claim. 

Our team will thoroughly investigate the circumstances surrounding your loved one’s death and aggressively pursue compensation for all eligible damages, including:

  • Funeral and burial expenses
  • Medical expenses incurred before death
  • Loss of income and financial support
  • Loss of companionship and emotional support
  • Pain and suffering experienced by your deceased loved one before death
  • Mental anguish suffered by surviving family members

By seeking the full range of damages, we aim to provide you and your family with the financial support needed to begin healing and moving forward after such a tragic loss.

Cincinnati Wrongful Death Law Firm

Call the Experienced and Compassionate Covington & Cincinnati Wrongful Death Lawyers at TLF Today

If you’re in Northern Kentucky or the Cincinnati area and you believe you have a valid wrongful death claim, be sure to seek the help of our dedicated wrongful death attorneys at TLF: The Medical Injury Law Firm. Our firm is highly sympathetic to the difficulties of a wrongful death case and will work tirelessly to help your family seek justice and receive appropriate compensation for the loss of your loved one. We are highly experienced in handling even the most complex wrongful death cases and always work toward the best possible outcome for our clients. 

For more information or to set up a free consultation with a member of our team, simply call our toll-free number at (800) 698-4054 or fill out our online intake form to get started right away.

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You Pay No Fees Unless We Win!

We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.