It’s very painful to lose a loved one, but it becomes overly devastating when the loss occurs as a result of someone’s negligence, willful act, or recklessness. In such situations, it is common for the family of the victim to seek justice by filing a wrongful death lawsuit. This is a legal procedure that attempts to seek recovery for the losses they experience when losing their loved one.
However, a major concern for the family members is often: what are the chances of winning such a case? Luckily, with help from an Ohio wrongful death attorney from Dyer, Garofalo, Mann & Schultz, you can greatly increase the chances of winning a wrongful death suit. This is because your attorney will evaluate your case and build a compelling claim against the liable party to win compensation.
When pursuing a wrongful death lawsuit, it is not automatic that your case will succeed. Various factors can significantly influence the chance of winning the case. These include:
The cornerstone of any legal case is the quality of evidence presented. In a wrongful death lawsuit, you must prepare and present substantial and credible evidence to convince the judge that the defendant was definitely at fault. Quality evidence is key in strengthening your evidence and winning the suit. Therefore, your attorney may use witness testimonies, medical records, and all relevant documentation to build strong evidence.
Importantly, some cases require expert witnesses to prove a wrongful death case. Your attorney may call experts to testify about different elements of the victim’s death. For example, your lawyer may engage a forensic pathologist to testify about the cause and manner of death. This further strengthens your evidence by proving how the defendant’s negligence caused the victim’s death.
Determining the degree of liability is paramount in wrongful death cases. If multiple parties share responsibility for the incident leading to the death, it can affect the distribution of damages.
For instance, Ohio follows the modified comparative negligence system, which awards compensation according to the plaintiff’s degree of fault. This means that if the deceased was over 50% at fault for the incident that claimed their life, the family would be barred from recovering any compensation.
However, if they were less than 51% liable, the surviving family members could recover damages based on that level of fault. Your lawyer can help determine each party’s level of contribution and present a clear case to increase the chances of success of the lawsuit.
The actions of the defendant leading up to the wrongful death are a highly important consideration in such cases. If their behavior is deemed grossly negligent, extremely reckless, or intentionally harmful, it can significantly strengthen the case. Proving the defendant’s liability improves the chances of a successful outcome.
The choice of legal representation is a key factor. This is because your lawyer will be tasked with presenting the facts while considering Ohio wrongful death laws and judicial procedures.
According to the United States Department of Justice, around 90 to 95% of personal injury cases are resolved before they proceed to trial. This is often because of quality legal representation.
An attorney with experience in wrongful death cases will guide you through the legal system and ensure that your case is presented effectively. Their experience in building arguments, negotiating settlements, or litigating in court can increase the chances of winning a favorable outcome.
Every wrongful death claim is unique and may be awarded unique damages. However, the compensation for a wrongful death claim is worth as much as the losses of the surviving family members. Basically, the plaintiff can receive compensation based on the damages they suffered. These include:
These are financial losses the plaintiff experienced after the victims’ death. These include the following:
These damages are more easily provable with invoices, bills, and other relevant documents.
On the other hand, non-economic damages involve losses that are not possibly quantifiable. Such damages are difficult to prove since there is no monetary value assigned to them. They include the following:
In addition, you may claim damages meant to punish the party responsible for their intentional or reckless actions. The Ohio Revised Code 2315.21 allows the plaintiff to recover punitive damages if the defendant’s acts were egregious when causing the injury.
Losing a loved one puts the surviving family members in an incredibly hard position, and our legal team is ready to support you through the legal process. A wrongful death lawyer from our law firm can stand up for your family and help you win your claim. Here’s how our legal professionals can assist you:
One of the top responsibilities of a wrongful death attorney is to investigate the circumstances leading to the death in order to establish liability. However, getting the facts in wrongful death cases can be difficult. This is due to conflicting accounts about the events that led to the death, either because of genuine confusion, misunderstandings, or when the negligent party tries to cover things up.
An attorney from our team will help the surviving family to get to the bottom of the matter. This involves gathering any possible evidence, such as interviewing witnesses and consulting with experts to assist in determining who is at fault for the tragic incident.
Dealing with insurance companies is a tricky aspect of wrongful death claims. They may try to avoid liability or lowball payments to safeguard their resources. However, our lawyers can negotiate with them to ensure fair and just compensation.
When handling a wrongful death claim, you need to be aware of your legal rights throughout the process. Our wrongful death lawyers will explain your rights in clear and understandable terms as well as keep you informed at every step. This includes guiding you on what to expect during the legal proceedings and answering your questions.
Seeking fair compensation for the losses you have endured is a key aspect of a wrongful death case. Our lawyers will assess both economic and non-economic damages to determine the right financial recovery. They will advocate for your rights and work to secure a settlement or if need be, pursue litigation in pursuit of a fair outcome.
After the death of a loved one, one of the greatest challenges is how to move forward. The shock and the pain of losing a loved one of negligence can be heavy. At Dyer, Garofalo, Mann & Schultz, we have represented many families following the death of their loved ones and won significant financial settlements. Having an understanding of what the family is experiencing, we can use every resource available as wrongful death lawyers to boost your chances of winning your claim.
Call our office today at 1.937.222.2222 to speak with one of our staff members. We offer a free case evaluation.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
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