Can You File a Wrongful Death Claim if No One Witnessed the Incident?

Losing a loved one unexpectedly is tough, especially when the loss could have been prevented. The situation can feel even tougher when no one actually witnessed what happened. If you lost a loved one and there were no eyewitnesses, you and your family may be worried that you don’t have any legal recourse. However, in Ohio, a wrongful death claim can still proceed even if no one saw the incident that caused the death, as long as there is enough evidence showing that another party’s negligence or wrongful act led to the death.

Ohio Wrongful Death Law Doesn’t Require Eyewitnesses

According to Ohio Revised Code section 2125.01, a family can pursue a wrongful death claim if the death of their loved one was caused by the neglect, wrongful act, or default of another party. Ohio law doesn’t state that someone must have witnessed the incident. As long as you can prove that the death was caused by the wrongful act, neglect, or default of another party, you can pursue compensation.

If you lost a loved one due to the negligence of another party, the personal representative of the estate can file a wrongful death claim on behalf of eligible family members even if there are no eyewitnesses. The court will then look at whether the evidence as a whole shows that the defendant is more likely than not responsible for the accident.

How Can You Prove a Wrongful Death Without Witnesses?

If no one witnessed the incident that led to your loved one’s death, your family’s attorney will focus on building a clear and logical picture of what happened using available evidence. Often, this includes:

• Police or incident reports
• Medical records and autopsy findings
• Video footage
• Physical scene evidence, such as vehicle damage
• Expert opinions, such as those from accident reconstruction specialists

When combined, the above information can clarify how the incident happened and who was responsible, even when no one directly observed it.

Potential Challenges in Unwitnessed Wrongful Death Cases

While you can still pursue a wrongful death claim even if no one witnessed the fatal incident, such cases can be complex. Insurance companies can push back on your claim. They may argue that the cause of the death is unclear or that your deceased loved one was responsible. Ohio’s modified comparative negligence rule bars recovery if the deceased is found to be more than 50% at fault. And if they are 50% or less to blame, compensation is reduced based on their percentage of fault.

Given these challenges and potential adverse outcomes, it is crucial to work with an experienced Ohio wrongful death lawyer. A skilled attorney can thoroughly investigate the incident, gather vital evidence, consult qualified experts, and build and present a strong case showing how another party’s negligence caused your loved one’s death.

What Damages Can You Recover?

In an Ohio wrongful death claim, surviving family members may be able to recover several types of damages even if there were no witnesses, including:

• Loss of financial support
• Medical expenses incurred before the death
• Funeral and burial expenses
• Loss of companionship
• Loss of services
• Lost inheritance

Contact Us for Legal Help

If you wrongfully lost a loved one and no one witnessed the incident, our skilled Columbus wrongful death attorneys at the law firm of Brian G. Miller CO., LLC can investigate the facts and build a strong case that can help your family recover its deserved compensation.

Source:

codes.ohio.gov/ohio-revised-code/section-2125.01