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Columbus Personal Injury Attorney > Blog > Wrongful Death > Are Ohio Wrongful Death Claims Hard To Win?

Are Ohio Wrongful Death Claims Hard To Win?

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In Ohio, when a person dies due to the wrongful act, neglect, or default of another party, surviving loved ones can file a wrongful death claim and seek justice and compensation. While it cannot replace the deceased individual or make up for suffering, winning a wrongful death claim can provide some financial relief and ensure the liable party is held responsible. However, when pursuing an Ohio wrongful death claim, there are no assurances. Wrongful death cases can be complex. But does this mean that it is hard to win an Ohio wrongful death claim? Read on to find out the answer to this question.

Is It Hard To Win an Ohio Wrongful Death Claim?

Dealing with the sudden loss of a loved one can be a devastating experience, especially if the loss could have been prevented. Filing a wrongful death claim may offer some relief. However, wrongful death claims can be challenging to win. But this does not mean that wrongful death cases are impossible to win. It is possible to win an Ohio wrongful death claim, especially when you have strong evidence and the help of a qualified wrongful death attorney.

Factors That Can Affect the Outcome of Your Case

When dealing with a wrongful death claim, several factors come into play that can affect the outcome of your case. The odds of winning a wrongful death claim vary greatly depending on the facts of the case. So, the odds of winning your Ohio wrongful death claim depend on the facts of your case. Understanding the factors that can affect the success of your Ohio wrongful death claim is crucial. It can assist in building a strong case.

The following are some of the factors that can affect the success of your Ohio wrongful death claim;

Strength of Evidence

To prove liability in an Ohio wrongful death claim, you need to demonstrate that the defendant owed your loved one a duty of care which they breached, the breach caused your loved one’s death, and you suffered actual losses due to your loved one’s death. This may include police reports, eyewitness statements, expert testimonies, and medical records.

Statute of Limitations

Under Ohio Revised Code Section 2125.02, wrongful death claims in Ohio must be filed within two years. Not filing a claim within this period usually results in the loss of the right to pursue the claim.

Sharing Liability

Ohio is a comparative negligence state, which means that if your deceased loved one was partially at fault for their death, it could reduce the amount of compensation you are awarded.

Legal Representation

The expertise and experience of your attorney can significantly affect the outcome of your wrongful death case. A skilled and experienced legal representative will be familiar with the complexities of wrongful death cases. They will be able to gather critical evidence, build a strong case, negotiate effectively, and advocate for maximum compensation on your behalf.

Insurance Coverage

The insurance policy limits of the defendant can affect the compensation available.

Contact a Columbus Wrongful Death Lawyer

If you lost a loved one because of another party’s fault, contact our experienced Columbus wrongful death attorneys at the law firm of Brian G. Miller CO., LLC for help seeking the compensation you and your family deserve.

Source:

codes.ohio.gov/ohio-revised-code/section-2125.02

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