Losing a loved one due to another party’s negligence is devastating. Through the grief and shock, you may also feel anger and disbelief at the tragic circumstances. These feelings are natural, and you and your family want to seek justice for their loss. Once your emotions have settled and final arrangements have been made, you may be thinking more clearly and wonder where to begin. This is the point where it makes sense to schedule at least an initial consultation with a personal injury attorney who is experienced in handling these lawsuits and have secured wrongful death damages for their clients.
The most difficult aspect of a wrongful death lawsuit is proving negligence. Defense attorneys and insurance companies will fight to acquit their client of liability and even turn the tables by trying to paint your deceased loved one as being partially at fault. A skilled personal injury attorney will be prepared for this, know how to offset their claims and answer the question “how do you prove wrongful death”.
In Ohio, negligence is defined as “the failure to exercise the degree of care that a reasonable and prudent person would exercise in the same circumstances, resulting in injury or damage to another.”
Three Levels of Wrongful Conduct in Ohio
Ordinary negligence is a failure to exercise reasonable care. The legal outcome for ordinary negligence is for the defendant to cover losses such as medical bills and lost wages.
Gross negligence shows a reckless disregard for safety. The legal outcome for gross negligence can be for the victim to recover compensatory and punitive damages.
Intentional acts occur when a person means to cause harm to another. The legal outcome for intentional acts can be pursued as an intentional tort, involving both compensatory and punitive damages.
To prove negligence, four key points are considered:
- Duty of care: The defendant owed a legal obligation to the deceased.
- Breach of duty: The defendant failed to meet that obligation.
- Causation: The defendant’s actions directly caused the death.
- Damages: The death resulted in measurable losses (emotional, financial, etc.)
What You Should Do Right Now (and What to Avoid)
Your wrongful death attorney will gather and organize the proof of negligence for your case. They will investigate the accident, collect and preserve evidence, and calculate damages (e.g., funeral costs, lost income, loss of companionship, etc.). Other supportive documentation may include physical evidence such as accident reports, medical records, autopsy reports, eyewitness statements, and surveillance footage; professional evaluations from expert medical, forensics, and accident reconstruction testimony; digital evidence including text messages, emails, social media, and GPS data; and demonstration of financial losses and emotional impact on survivors. This information will strengthen your wrongful death claim when your attorney represents you during negotiations or in court.
During this difficult time, you can help your attorney by keeping detailed records of death-related expenses and communications. Use this time to heal and practice self-care. Accept any offers of emotional support, and please don’t share details of your case on social media. Insurance companies can and will be investigating you and your family and can easily twist your words to use them against you.
Contact Our Team of Wrongful Death Lawyers
Losing a loved one in such a tragic manner is heartbreaking, but know that at Oliver Law Office, we will fight hard on your behalf to seek justice for your loved one and compensation for your family. It’s important to keep in mind that Ohio’s statute of limitations for personal injury (wrongful death) claims is two years, so we invite you to reach out to us at 614-220-9100, via our online contact form, or by chat box to schedule a free consultation. We are a contingency-based firm, so we don’t get paid unless we win your case. You can count on us to work hard on your behalf and help bring closure to your family.
