What Are the Chances of Winning a Wrongful Death Suit?

When you lose a loved one due to the negligence of another, you may be able to pursue justice and compensation through a wrongful death lawsuit. Though it can never replace the one you love or make up for your heartache and suffering, winning your lawsuit can provide some financial relief and hold the responsible party(ies) accountable.

However, there are no assurances when pursuing a wrongful death suit. It helps to understand the factors that can influence the success of your case in order to assist in building a strong claim.

Wrongful death lawsuits can be complicated and emotionally draining. Working with an experienced Ohio wrongful death attorney can better your chances of securing justice for your lost loved one. If you believe you have a claim, call Burg Simpson at 513-852-5600 to schedule a FREE and confidential case evaluation.

Is It Hard To Win a Wrongful Death Lawsuit?

Yes, wrongful death suits can be challenging to win, but they are far from impossible—especially when you have the assistance of a driven and effective lawyer.

Much of your case’s success will depend on the strength of the evidence and your lawyer’s ability to establish negligence. To prove negligence, your attorney must demonstrate the following:

1. Duty of Care: The defendant had a legal obligation to act with a level of caution and responsibility that a reasonable person would in similar circumstances.
2. Breach of Duty: The defendant failed to fulfill that duty through negligent actions.
3. Causation: The breach of duty directly caused the victim’s death.
4. Damages: The family of the deceased suffered actual losses (financial, emotional, etc.) due to the death.

Due to the significant financial stakes in most wrongful death claims, the defendants will fight ferociously to avoid liability. By clearly establishing the four elements of negligence, your case has a better chance of succeeding.

What Are the Factors That Affect the Success of Your Claim?

When working to secure just compensation through a wrongful death claim, several factors come into play. Each of the following can impact the likelihood of winning your lawsuit:

• The strength of your evidence, including eyewitness accounts, medical records, expert testimony, etc.
• Filing within the statute of limitations
• Hiring dedicated legal representation familiar with wrongful death cases
• The complexity of your case, which may require additional time, resources, and planning

What Evidence Should Be Admitted in a Wrongful Death Suit?

Strong evidence will be vital to your claim. You may be able to assist your wrongful death attorney in assembling some of the following:

• Medical records establishing the cause of death
• Eyewitness statements
• Accident and police reports
• Documentation of your damages (funeral and burial expenses, loss of support, services and society, loss of inheritance, mental anguish, etc.)
• Expert testimony to establish the standard of care

Your focus at this time should be your well-being and that of your family. Working with an Ohio wrongful death lawyer should give you the time and space to heal. They will guide you through the process of gathering supporting evidence. They may also work with investigators and specialists to further bolster your lawsuit.

What Is the Statute of Limitations in Ohio for Wrongful Death?

In Ohio, the statute of limitations for filing a wrongful death suit is typically 2 years from the date of your loved one’s death. Exceptions to this statute are very rare. Legal action must be taken within 2 years, or you risk forfeiting your right to sue the party(ies) responsible for your tragic loss.

It takes time to assemble a solid case for compensation after a wrongful death. Acting swiftly will help to ensure you and your lawyer are able to collect key evidence and document witness statements while memories are still fresh. This will all improve your chances of securing justice.

How Can a Wrongful Death Lawyer Help You?

A wrongful death attorney can help you through one of the most difficult struggles of your life. Losing a loved one is devastating, let alone when someone else’s negligence causes that loss. The ensuing legal battle can be overwhelming and exhausting.

An experienced and dedicated lawyer can take the burden from your shoulders and handle the more complicated aspects of your wrongful death claim. Here are some ways they can help:

• Gather evidence to support your case
• Communicate with insurance companies on your behalf
• Negotiate a fair settlement
• Argue your case in court, if necessary
• Fight for your rights
• Advocate for you and your family

With a trusted attorney’s help, you can focus your energy on healing while they work to secure the compensation you and your family need to try and move forward.

Contact the Ohio Wrongful Death Attorneys at Burg Simpson Today

Losing a loved one is unimaginable, and the pain is excruciating. Trying to use the legal system to get justice can seem formidable. At Burg Simpson, our compassionate and experienced wrongful death lawyers understand what your family is facing. We are here to support and guide you.

If you believe that someone else’s negligence caused the death of someone dear to you, do not hesitate to contact us for a FREE, no-obligation consultation. Let us evaluate your claim to see if you have a viable wrongful death lawsuit and help you through this most difficult time. We are proud to represent clients in Cincinnati and throughout Ohio.