Sadly, tens of thousands of Americans die every year in unintentional accidents because of the intentional or negligent acts of others. Unfortunately, filing a wrongful death lawsuit after losing someone you love can be a confusing, emotionally draining, and at times frightening experience. You might also have numerous questions about what to do next and how best to seek justice for your loved one.

That’s where a talented and experienced lawyer comes in handy. If you want help answering some of your burning legal questions or, better yet, need assistance filing a wrongful death lawsuit, you should speak to an Ohio wrongful death lawyer.

At The Eric Henry Law Firm, we have a skillful wrongful death attorney that can help you make sense of your situation and help you build a strong case. Yet, before you speak with us, we thought it best for you to learn more about how to win an Ohio wrongful death lawsuit. So continue reading our guide for a few pointers.

What Exactly Is A Wrongful Death?

Before we dive into how to win a wrongful death lawsuit, we want to discuss exactly what wrongful death is. Simply put, wrongful death is classified as when an individual dies at the hand of someone else due to negligence or ill intent.

Should you have suffered the loss of a loved one because of negligence or an intentional act, you can file a wrongful death lawsuit to seek compensation for the loss of love and companionship, the deceased loved one’s wages, funeral costs, and inheritance.

While it’s true that gaining compensation for the loss of a loved one won’t help with the pain, it will help relieve some of the financial burdens you face after their death.

What Are The Three Things You Need To Do To Win An Ohio Wrongful Death Lawsuit?

Now that you know more about wrongful death and why filing a lawsuit is a good idea, we want to discuss some of the things you need to do to win an Ohio wrongful death lawsuit. Although no one can guarantee you’ll win your lawsuit, you stand a greater chance if you do the following:

1. You Need To Prove The Burden Of Proof

Unfortunately, your lawsuit is unlikely to hold any water in court if you don’t have proof or evidence to support your claims. Regardless of if the death of your loved one was due to negligence or ill intent, you (as the deceased estate) will need to provide proof that the defendant was directly or indirectly involved in the death of your loved one.

Most wrongful death lawsuits are due to negligence. It needs to be proved if the person you loved died wrongfully because of negligence. This means that to get a step closer to winning a wrongful death lawsuit, you must show that whoever you believe to be the guilty party had a duty to the deceased. You will also need to prove that they failed in upholding this duty, leading to your loved one’s death, and damages are now owed.

Additionally, you should note that your lawyer won’t decide if a burden of proof has been proven. A judge will decide whether the defendant owed your loved one a duty by analyzing multiple case factors. If a duty existed, it would be up to you and your attorney to show evidence and prove their guilt. You’re unlikely to win your case if you cannot do this.

2. You Need To Hire The Right Lawyer

It’s imperative to hire the right wrongful death attorney as the stakes are high with this case type, and a statute of limitations must be kept in mind. If you have the right lawyer on your side, you will know how to proceed legally, and they can tell you what to expect so you don’t encounter any nasty surprises you’re unprepared to handle.

Additionally, an expert wrongful death attorney can help you complete all the paperwork required without making any mistakes. Unfortunately, mistakes can be costly and could be the difference between you winning or losing your wrongful death lawsuit.

The right lawyer will also be unafraid to be in continuous and fluid communication with you. You need an attorney committed to your case. One that will give you updates as they get them. Moreover, a costly lawyer doesn’t automatically equate to someone being a great lawyer. So it’s important to do your research, check reviews and testimonials and talk to a wrongful death attorney before you hire them if you want to win.

3. You Need To File A Valid Wrongful Death Claim

You must have a valid case if you want any chance of winning your wrongful death lawsuit. This means that your deceased loved one needs to have a legitimate personal injury claim that led to death caused by a defendant’s intentional or negligent action. Common examples of valid wrongful death claims include:

  • Medical malpractice: When a doctor or other healthcare professional fails to diagnose or identify a medical condition, leading to a loved one dying, this is medical malpractice. There are other forms of medical malpractice that your wrongful death attorney can explain.
  • Intentional death: When a defendant kills your loved one on purpose. For example, a neighbor planned to kill your mother and carried out the act. Although the state will file a criminal lawsuit, you have grounds to file a wrongful death claim.
  • Vehicle accidents: When loved ones die during car, truck, or motorcycle accidents because of negligence or ill intent, you can file a wrongful death claim.

These are only a few instances that indicate a valid wrongful death lawsuit. If you want to win and believe you have a valid claim, speak with our attorney at The Eric Henry Law Firm.

Speak With And Ohio Medical Malpractice Attorney Today To Discuss Your Case

At The Eric Henry Law Firm, our knowledgeable team understands how incredibly devastating the pain of losing a loved one unexpectedly can be. We also know that making sense of your loss can be profoundly challenging while you struggle to determine the best way forward. Our team can help you navigate this situation.

We will work alongside you to build a case that is more likely to achieve a successful outcome. With our help, you will be a step closer to obtaining compensation and justice for your loved one’s death, so contact us here, and we’ll arrange an obligation-free consultation.

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