Ohio and Kentucky Attorneys Representing Families in Wrongful Death Cases

Facing life after the unexpected loss of a family member can be very painful. During this time of grief, most people don’t think of lawyers or making sure a tragedy is never repeated. However, you should take the time to speak with an attorney about your rights and the rights of your deceased loved one because an attorney can do several things to help ease the burden of surviving family members.

How Can An Attorney Help Me Get Justice for the Death of a Loved One?

First, many attorneys who accept a wrongful death case will file the deceased’s estate in probate court for no money down, choosing instead to make that fee a part of the case expenses to be paid if the wrongful death lawsuit is won. Although we don’t mean to diminish the emotional impact of a death, most surviving family members find that one of the greatest challenges after losing a working mother or father is the loss of income. Paying an attorney to probate a will or set up an estate under these circumstances is challenging. If there is going to be a wrongful death case, hire the attorney early on and remove the burden of going through probate court.

Second, an experienced attorney will gather evidence and speak to witnesses. People will give you time to grieve, but the destruction of evidence has no waiting period. The weather, passing traffic, or the ongoing business of a factory will all take away evidence that will prove a wrongful death claim. Those kinds of things are important right away even if they are not your main focus right away. Hiring an attorney allows that work to begin immediately without interrupting your family’s time together.

Third, you need trial attorneys to file wrongful death claims in court for you. There are special statutes of limitations relating to wrongful death claims, and when large amounts of damages are involved it is rare to see an early settlement. A major trial should not be anyone’s Do-It-Yourself project.

What is a Wrongful Death Claim?

Other pages of our website discuss car accidents, falling accidents, and products liability claims. All of those pages discuss injuries, but any of those things could lead to a wrongful death claim as well. Wrongful death claims are a special category because the injured person died, not because of how the accident happened. When someone is wrongfully killed, special rules kick in that span the breadth of injury law and probate law. The statute of limitations changes. The types of damages you can ask for may change. Even the party suing changes, because the law considers a deceased person’s estate to be a separate entity from the deceased person, just like a corporation is separate from a CEO. Because there are so many changes, it is important to get an attorney who is experienced with wrongful death lawsuits, and not just personal injury claims.

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