Losing a loved one due to someone else’s negligence is a devastating experience. In Ohio, wrongful death claims allow surviving family members to seek justice and financial compensation for their loss and for the benefit of the Estate of the deceased loved one. If you’re pursuing a claim, understanding what evidence you need can make a significant difference in the outcome of your case. At The Richards Firm, our experienced wrongful death attorneys in Cincinnati are here to guide you through the legal process and ensure your rights are protected.
Understanding Wrongful Death Claims in Ohio
A wrongful death claim is a legal action brought when a person dies due to the negligence, recklessness, or intentional actions of another party. In Ohio, these claims are typically filed by the personal representative of the deceased’s Estate on behalf of surviving family members such as spouses, children, parents, or even siblings.
To win a wrongful death case, you must prove that:
- The defendant had a duty of care relative to the deceased.
- The defendant breached that duty through negligent actions or omissions.
- The breach dcaused the death.
- The surviving family members suffered damages as a result of the death.
To establish these elements, you’ll need substantial evidence.
Key Evidence in a Wrongful Death Case
1. Medical Records and Autopsy Reports
In the event that your loved one survived for any period of time, medical records provide crucial documentation of the deceased’s injuries, treatment, and cause of death. An autopsy report, if available, can offer additional medical evidence linking the death to the defendant’s negligence. These records help establish the cause of death and refute any claims that pre-existing conditions were in play.
2. Accident Reports and Official Documentation
If the wrongful death resulted from a car accident, workplace incident, or some other situation, official reports such as police reports, OSHA reports, or hospital records will be vital in proving negligence. These documents often contain eyewitness statements, expert analysis, and details about the circumstances leading to the death.
3. Eyewitness Testimony
Witnesses who saw the accident or event leading to the wrongful death can provide valuable testimony. Their statements can help establish how the defendant’s actions (or inaction) contributed to the fatal incident. Witness credibility is essential in strengthening your case.
4. Expert Witness Testimony
Expert witnesses play a crucial role in wrongful death cases by providing professional opinions that support your claims. Common experts include:
- Medical professionals who can explain how the defendant’s negligence caused the death.
- Accident reconstruction experts who analyze how an incident occurred and determine fault.
- Economic experts who assess the financial impact of the deceased’s loss, including lost wages and future earnings.
5. Surveillance Footage and Photographs
Video footage from traffic cameras, security cameras, or bystanders can provide indisputable evidence of how the incident occurred. Photographs of the accident scene, hazardous conditions, or visible injuries can also help demonstrate liability.
6. Employment and Financial Records
If the deceased was a primary income earner, their employment records and financial statements can help calculate economic damages. This evidence is crucial in determining compensation for lost wages, benefits, and future earnings.
7. Proof of Pain and Suffering
Statements from family members, medical professionals, or mental health experts can help demonstrate the emotional and psychological impact of the wrongful death on surviving family members. Personal journals, therapy records, and testimony about the deceased’s suffering before passing can also support non-economic damage claims.
8. Defendant’s Records and History
In some cases, obtaining the defendant’s prior records can strengthen your case. For instance:
- If a company has a history of safety violations, it may prove negligence in a workplace death.
- If a driver has previous DUI convictions, it may establish reckless behavior in a fatal crash.
- If a driver has a history of negligent behavior, it may help to establish an additional negligent entrustment claim against the owner of a vehicle.
How The Richards Firm Can Help with Your Wrongful Death Case
Gathering the necessary evidence for a wrongful death claim can be overwhelming, especially while grieving the loss of a loved one. At The Richards Firm, our experienced wrongful death attorneys in Cincinnati are dedicated to building strong cases for our clients. We assist by:
- Conducting thorough investigations to collect and preserve crucial evidence.
- Consulting with expert witnesses to strengthen your claim.
- Negotiating with insurance companies to secure fair compensation.
- Representing you in court if a fair settlement can’t be reached.
Seek Justice for Your Loved One
If you’ve lost a family member due to someone else’s negligence, you deserve justice. The Richards Firm is here to help you navigate the legal process and fight for the compensation you deserve. Contact us today for a free consultation to discuss your wrongful death case.
Call us at 513-341-5413 or visit https://richardsinjuryfirm.com.