Wrongful Death Attorneys Serving Clients in Cincinnati and All of Ohio
A wrongful death lawyer can help you and your family pursue fair compensation if a member of your family was killed due to the negligence of another. The unexpected death of a loved one is tragic. Although no amount of money can bring them back, a favorable settlement or award can make an enormous difference in your future.
Burg Simpson has extensive experience handling wrongful death claims. We have been recognized multiple times as one of the Best Law Firms handling plaintiff personal injury cases in the Cincinnati area. This recognition illustrates our ability to represent clients effectively in a wide range of legal matters, including wrongful death cases.
For a FREE and confidential case evaluation, call Burg Simpson at 513-852-5600 today. Our wrongful death lawyers serve clients throughout Ohio from our office in Cincinnati.
What Is Considered a Wrongful Death?
Proceedings in a wrongful death claim are similar to those involving personal injury. When someone is injured through no fault of their own, they can make a claim against the party or parties responsible for damages.
In a wrongful death case, obviously the victim cannot exercise their legal right to compensation. Ohio law specifies the following procedure if a wrongful act results in death:
“When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued … shall be liable to an action for damages”
– Ohio Revised Code § 2125.01
Bottom line: The right to compensation for injury may survive the death of the victim who would have had a claim otherwise. In Ohio, multiple surviving family members may be entitled to damages for wrongful death.
How Burg Simpson Can Help
Burg Simpson was originally founded in 1976. For more than 45 years, our firm has built a reputation for handling complex cases involving catastrophic personal injury. Some accidents permanently alter the course of the victim’s life. In other cases, severe injuries are not survivable.
You deserve qualified legal representation if your loved one died as a result of negligence or wrongdoing. Our firm has the experience, knowledge, resources, and skill to maximize your compensation. Steps a Cincinnati wrongful death lawyer at Burg Simpson Ohio can take on your behalf include:
- Thoroughly investigating the accident
- Collecting all pertinent evidence, including photographs, eyewitness testimony, accident reports, etc.
- Arranging for a private autopsy, if an autopsy was not already performed
- Calculating the damages you and your family have sustained
- Negotiating with the insurance company on your behalf
Although it may be possible to resolve a wrongful death claim through settlement negotiations, sometimes it is necessary to file a lawsuit. Our lawyers can handle the legal proceedings, take on the challenges of preparing your case for trial, and make a strong case on your behalf in court.
Meet Our Attorneys
Wrongful Death Claims We Handle
Virtually any incident that gives rise to personal injury can also result in wrongful death. As a full-service personal injury law firm, Burg Simpson handles all types of claims where an individual is hurt or killed through no fault of their own.
Wrongful death lawyers at our firm can help if you lost a loved one due to any of the following:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Drunk Driving Accidents
- Faulty & Defective Products
- Medical Malpractice
- Dangerous Drugs & Medical Devices
- Accidents on Dangerous Premises
- Nursing Home Neglect & Abuse
- Dog Bites & Dog Attacks
- Pedestrian Accidents
- Bicycle Accidents
To recover fair compensation for wrongful death, you need to prove that someone else is responsible for the loss. Such an undertaking can be difficult, especially given the aggressive response mounted by insurance companies and defendants when they are faced with these claims.
Wrongful death lawyers have an in-depth understanding of the different types of evidence needed to hold defendants accountable for negligent, reckless, and malicious acts. At Burg Simpson, we have experience taking on careless drivers, negligent property owners, medical practitioners who provide substandard care, companies that manufacture defective products, and more.
What Is the Statute of Limitations?
Like all states, Ohio only allows a limited time to make a claim for wrongful death. This is known as the statute of limitations. According to Section 2125.02 (F)(1) of the Ohio Revised Code, a wrongful death claim must be brought no more than 2 years following the date the decedent dies.
Filing a lawsuit might be the last thing on your mind when you are dealing with grief. However, you do not want to lose the opportunity to pursue justice and fair compensation for the death of your loved one. That is why you should contact Burg Simpson as soon as possible for a FREE and confidential consultation. A wrongful death attorney can handle the details of your claim while you and your family focus on rebuilding your lives.
Who Can File a Wrongful Death Claim?
Multiple family members may be affected by a loved one’s death. However, Ohio law only allows the personal representative of the decedent to bring the wrongful death action.
The personal representative is an individual named in the decedent’s will (also called an executor) or an individual appointed by the probate court (also called an administrator) to oversee the estate of the deceased. If it is believed that the decedent’s death was caused by the negligence of one or more third parties, the personal representative has the exclusive ability to file a claim for damages.
Who Is Entitled to Damages?
Although the personal representative is responsible for initiating legal proceedings in a wrongful death matter, the claim is brought for the “exclusive benefit” of the following:
- The decedent’s surviving spouse
- Any surviving children of the deceased
- The parent or parents of the deceased
- Any “other next of kin of the decedent”
– Ohio Revised Code § 2125.02(A)(1)
In other words, any proceeds from the wrongful death claim must be distributed to the surviving relatives listed above. Except in cases where all surviving loved ones have the same degree of consanguinity (i.e., the same degree of blood relation) to the deceased, the court is responsible for making a determination as to the share of damages owed to each beneficiary.
Burg Simpson Ohio can help if you have been named the personal representative of a deceased loved one’s estate. If you suspect wrongful death, you should speak to a knowledgeable attorney as soon as possible. Our wrongful death lawyers can assist you with the technical aspects of your claim and determine whether you are entitled to compensation.
Damages for Wrongful Death
The sudden death of someone you love can impact your life in a number of different ways. In addition to the enormous emotional toll, your finances and day-to-day life can both be upended.
At Burg Simpson, we account for all of the losses you and your family have sustained as a result of wrongful death. It is crucial to seek compensation not only for the damages you have incurred to-date, but also the losses you will face in the future. You may be entitled to recovery of the following in a wrongful death claim:
- Funeral and burial expenses
- Loss of earning capacity and financial support
- Any medical expenses for care provided prior to death
- Loss of household services
- Mental anguish suffered by surviving family members
- Loss of the decedent’s society (e.g., care and companionship, loss of parental guidance, etc.)
- Loss of inheritance
Our wrongful death lawyers always strive to obtain maximum compensation on behalf of our clients. In many cases, we are able to negotiate favorable settlements with insurance companies. This outcome enables clients to be fairly compensated without the additional time or uncertainty of going to trial.
Sometimes it is necessary to file a lawsuit and go to court to get the result you deserve. If this is the case, you can feel confident knowing that our experienced wrongful death attorneys will thoroughly prepare your case and advocate for you in the courtroom. As award-winning trial lawyers, we have experience and results well beyond many other firms in the area.
Why Choose Burg Simpson
Burg Simpson has a national reputation for excellence in personal injury litigation. The secret to our success is local clout. While many large law firms set up a host of satellite offices to handle claims throughout the country, each of our offices is led by seasoned attorneys with a detailed understanding of state laws and the local courts.
Additional reasons to entrust your case to Burg Simpson Ohio include:
- $2 billion+ in results. Our firm is committed to recovering every dollar you deserve for the loss of a loved one. Wrongful death cases often involve substantial damages, and our attorneys ensure that your recovery matches your current losses and future needs.
- Over 45 years of experience. Not all personal injury firms are created equal. With decades of experience and a history of winning high-stakes cases, you can expect us to advocate fiercely on your behalf. Hard work, determination, and professionalism are the cornerstones of our firm.
- A stress-free experience. Losing a loved one under any circumstances is inherently stressful. Once you choose an attorney, however, you should feel like a burden has been lifted off your shoulders. This is what the wrongful death lawyers at Burg Simpson provide, handling the intricacies of your case so you don’t have to worry.
- Exceptional representation. We know what to expect from insurance companies when they are facing litigation. They will try to underpay and undermine any effort to hold them accountable. From settlement negotiations to trials, Burg Simpson provides unparalleled legal guidance and support.
- Communication. When you hire Burg Simpson, you will always know the status of your case. Our attorneys and staff stay in regular contact with each client, and we answer any and all questions promptly and thoroughly.
Do not feel you have to face the wrongful death of a loved one on your own. You and your family need quality legal counsel, and Burg Simpson Ohio can help.
At Burg Simpson, we are Good Lawyers. Changing Lives.® Our passion is advocating aggressively for the rights of our clients and exploring all avenues for obtaining the full compensation you and yours deserve.
Contact a Cincinnati Wrongful Death Lawyer Today
Negligence can take a number of different forms. Whether a driver was reckless behind the wheel, a company made and sold a product that was unsafe, a property owner failed to keep the premises in safe condition, and more, there are multiple situations that can lead to an innocent person’s death. Each of these scenarios may be grounds for a wrongful death claim.
Burg Simpson Ohio is a preeminent personal injury and wrongful death firm. Our attorneys have received multiple awards from a host of elite legal organizations for their handling of cases involving catastrophic injuries and fatalities.
Call Burg Simpson at 513-852-5600 today for a FREE and confidential case evaluation. Our wrongful death lawyers serve clients in Cincinnati and throughout Ohio.
