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When someone passes away due to a wrongful death, family members can recover damages on behalf of the estate. The personal representative of the deceased person’s estate has the right to file a civil lawsuit against the party that’s legally responsible for the person’s passing. The representative is appointed by the probate court and may be a family member. Below is an explanation of wrongful death cases in further detail.

Wrongful Death Lawsuits: How They Work

Filing the Complaint

Wrongful death lawsuits begin when the personal representative, known as the plaintiff, files a complaint with the court. The complaint alleges the facts and law on which the claim is based, and asks the court to award money damages for the loss. Under Ohio law, wrongful death suits must benefit the estate and the deceased person’s surviving spouse, children, and parents, but other next of kin may benefit as well. Personal injury attorneys typically represent plaintiffs.

Receiving an Answer

wrongful deathThe defendant, the person or entity sued, files an answer that agrees with or denies the claims in the complaint. Defendants can assert counterclaims against plaintiffs and make claims against other parties.

Engaging in Discovery

Plaintiffs and defendants in wrongful death suits pursue discovery to obtain information from each other about the factual details of the case. Discovery includes depositions, live testimony given under oath, and evidence, such as equipment or medical records.  

Filing Motions

After discovery, wrongful death attorneys file motions with the court to narrow the scope of the trial. Courts decide issues such as which parties must remain in a case and whether certain evidence can be used at trial.

Reaching Settlement or Trial

Many wrongful death cases settle after negotiations between attorneys. Cases that do not settle are typically tried before juries, and trials may take weeks or months. Plaintiffs can also request bench trials, which are presented before judges without juries.  

 

At Lane, Felix & Raisbeck Co. LPA in Cincinnati dedicated personal injury attorneys represent individuals throughout Ohio and Kentucky who have lost loved ones due to wrongful death. The firm’s experienced attorneys are skilled in all aspects of these complex civil lawsuits. Visit their website to learn more about their probate and wrongful death practices, and call (513) 922-7700 for a consultation.

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