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Wrongful Death

The Cochran Firm In Cincinnati, Ohio

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Why Choose Our Cincinnati Wrongful Death Lawyers

Losing a loved one because of someone's negligence is a devastating experience. While no lawsuit can undo your loss, holding the responsible party accountable can provide the financial stability your family needs to move forward.

The Cincinnati wrongful death lawyers at The Cochran Firm are here to help. We understand the emotional and financial toll an unexpected death takes on a family. Our mission is to protect your legal rights and secure the compensation you deserve for medical bills, lost income, and funeral expenses. We honor the legacy of our founder, Johnnie Cochran Jr., by providing compassionate, determined representation for every client. Contact us today for a free, no-obligation consultation to learn how we can help your family.

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Our Record of Success in Wrongful Death Cases

While every case is unique and past results do not guarantee a future outcome, our history of significant verdicts demonstrates our commitment to securing justice for families who have lost a loved one. The Cochran Firm has a national reputation for holding negligent parties accountable in complex wrongful death litigation.

  • $33.5 Million Jury Verdict for a wrongful death suit against the City of New York resulting from negligent highway design and maintenance.
  • $25 Million Jury Verdict against a drunk driver and a bar for the wrongful death of a jogger who was struck and killed.
  • $20.2 Million Jury Verdict awarded to the family in a wrongful death case after a sleep-deprived truck driver caused a fatal collision. This was the largest verdict in a wrongful death case in the history of Clayton County, Georgia.
  • $14.4 Million Jury Verdict after a poorly maintained asphalt truck caused a chain collision that resulted in the deaths of two passengers.

Common Causes of Wrongful Death in Cincinnati

A wrongful death claim can arise from any situation where one party's negligence or intentional act causes another person's death. Our Cincinnati wrongful death attorneys have experience handling a wide range of these tragic cases, including those involving:

  • Motor Vehicle Accidents: Crashes involving cars, trucks, and motorcycles are a leading cause of wrongful death, often resulting from distracted, impaired, or reckless driving.
  • Medical Malpractice: Fatalities can occur when doctors, nurses, or hospitals fail to meet the accepted standard of care, leading to surgical errors, misdiagnosis, or birth injuries.
  • Workplace Accidents: Construction sites and industrial workplaces present many dangers. Deaths may be caused by falls, defective equipment, or violations of safety regulations.
  • Defective Products: When a dangerous or defective product, such as a vehicle part or a medical device, causes a fatal injury, the manufacturer can be held liable.
  • Nursing Home Neglect: Tragically, elderly residents may die as a result of neglect, abuse, or inadequate care in a nursing home facility.
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grieving after wrongful death in cincinnati

What Is Required to File a Wrongful Death Claim in Ohio?

In Ohio, a wrongful death lawsuit can be filed when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. These claims are civil cases and must meet the preponderance of the evidence standard—meaning the evidence must show that the defendant’s actions were more likely than not responsible for the death.

Under Ohio Revised Code § 2125.01, only the personal representative of the deceased’s estate can file a wrongful death claim on behalf of surviving family members, such as a spouse, children, or parents.

To build a strong wrongful death case in Ohio, your attorney will gather key evidence to establish negligence and calculate damages. This process includes:

  • Official Reports: We will obtain and analyze all official documentation, such as police accident reports, workplace safety investigation reports from agencies like OSHA, or other records that detail the incident
  • Medical Documentation: We secure all medical records related to the fatal injury, including hospital charts, treatment plans, and the coroner's report to link the defendant's actions directly to the cause of death.
  • Eyewitness and Expert Testimony: Statements from individuals who witnessed the event are vital. We also work with a network of respected experts, including accident reconstruction specialists, medical professionals, and financial experts, to provide testimony that supports your claim.
  • Financial Records: To demonstrate the full financial impact on your family, we will compile evidence of the deceased's income, benefits, potential future earnings, and other economic contributions that have been lost.

In Ohio, wrongful death claims must be filed within two years from the date of death, as outlined in the state’s statute of limitations. Failing to file within this timeframe may result in losing the right to seek compensation.

Gathering strong evidence and working with an experienced wrongful death lawyer in Ohio is essential to navigating the legal process and securing the justice your family deserves.

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family grieving in cincinnati

How Often Do Wrongful Death Lawsuits Go to Trial in Ohio?

The majority of wrongful death lawsuits in Cincinnati, Ohio do not go to trial and are instead resolved through settlements. Insurance companies and defendants often prefer to negotiate a settlement to avoid the time, expense, and uncertainty of a trial. In many cases, a skilled wrongful death attorney can negotiate a fair settlement without the need for litigation.

However, some wrongful death cases do proceed to trial, particularly when:

  • The defendant disputes liability and refuses to accept responsibility.
  • The parties cannot agree on the amount of compensation.
  • There are complex legal or factual issues requiring a jury’s determination.
  • The insurance company offers an unreasonably low settlement that does not fully compensate the surviving family members.

If a wrongful death case does go to trial, the process can take months or even years to reach a resolution. A jury will evaluate the evidence presented by both sides and determine whether the defendant is legally responsible and, if so, how much compensation should be awarded.

While settlements are more common, having an experienced wrongful death lawyer is crucial. They can assess whether a settlement offer is fair or if taking the case to trial is the best option to secure the maximum compensation for your family.

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man sitting in the window of a nursing home

What to Do After a Loved One's Wrongful Death

The steps you take in the days and weeks following a fatal accident are important for protecting your family's well-being and legal rights. While grieving, try to take the following steps:

  1. Focus on Your Family: Prioritize seeking emotional support from friends, relatives, or grief counselors. Managing legal matters is difficult, and your family's well-being comes first.
  2. Preserve Documents: Gather and keep any documents related to your loved one and the incident. This includes their will or estate plan, medical records, police reports, and any communications you may have.
  3. Avoid Speaking to Insurance Adjusters: The at-fault party's insurance company may contact you quickly to ask for a recorded statement or offer a fast, low settlement. Do not sign anything or provide a statement until you have spoken with an attorney, as this could harm your claim.
  4. Contact a Wrongful Death Attorney: The most important step is to consult with an experienced Cincinnati wrongful death lawyer. We can handle all communications with the insurance company, begin a thorough investigation, and guide you through the entire legal process to ensure your rights are protected.
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Contact a Wrongful Death Lawyer in Cincinnati, Ohio Today For a Free Consultation

Losing a loved one due to someone else’s negligence is devastating, and pursuing a wrongful death claim can be overwhelming. You need the support of an experienced wrongful death attorney who understands the complexities of these cases and has a proven track record of success. A skilled lawyer can guide you through the legal process, help you gather the necessary evidence, and fight for the full compensation you are entitled to under the law. At The Cochran Firm Cincinnati, we have the experience, resources, and results to advocate for families who have suffered unimaginable loss. With offices across the country and a team of dedicated attorneys, we are committed to holding negligent parties accountable and securing justice for our clients. If you have lost a loved one due to negligence, don’t face this battle alone. Contact the wrongful death attorneys at The Cochran Firm Cincinnati today for a free, confidential case evaluation. Let us help you seek the justice and financial recovery your family deserves.

Cincinnati Wrongful Death Lawyer Questions & Answers

How Much Does a Lawyer Charge for Wrongful Death?

Our wrongful death attorneys work on a contingency fee basis. This means you pay no upfront fees for our services. We only collect a fee if we successfully recover compensation for your family through a settlement or verdict.

What Is the Average Wrongful Death Settlement in Ohio?

There is no "average" settlement amount, as each case is unique. The value of a claim depends on many factors, including the age and earning capacity of the deceased, the number of dependents, the amount of medical and funeral expenses, and the circumstances of the death. An experienced attorney can evaluate your specific case to determine its potential value.

Who Can Sue for Wrongful Death in Ohio?

A wrongful death lawsuit must be filed by the personal representative of the deceased's estate. This person files the claim on behalf of the surviving family members, such as the spouse, children, and parents, who are entitled to recover damages.

How Long Do You Have to File a Wrongful Death Suit in Ohio?

In Ohio, the statute of limitations for wrongful death is generally two years from the date of the person's death. It is critical to contact an attorney well before this deadline expires, as failing to file in time can permanently bar you from seeking compensation.

How Is Negligence Proven in a Wrongful Death Case?

To prove negligence, your attorney must show four elements:

  1. Duty: The defendant owed the deceased a legal duty of care (e.g., to drive safely).
  2. Breach: The defendant breached that duty (e.g., they were texting while driving).
  3. Causation: This breach of duty directly caused your loved one's death.
  4. Damages: The surviving family members suffered legally recognized damages as a result.

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