If you lost a loved one in an unanticipated way, your family may have grounds for a wrongful death claim. By suing those liable for the fatal accident, you may be able to recover compensation for damages like lost income and benefits. A personal injury attorney can help you determine how to pursue a payout by evaluating the circumstances. In the meantime, here are a few factors worth considering to ensure your case gets off to a strong start. 

State Laws That Will Affect the Proceedings

In the state of Ohio, various surviving family members may be entitled to the compensation that results from a successful wrongful death claim. However, only the personal representative of the estate can actually file the suit. Therefore, you must determine whom the deceased named as the representative—or you must ask the probate court to approve someone—before proceeding.

Another important law to consider is the statute of limitations. In Ohio, the deadline for filing a wrongful death claim is typically two years. In other words, if you are unable to arrive at a fair settlement through negotiations, you have two years from the date of death to bring the case to court. Since disputes and delays are common along the way, it’s wise to call an attorney and start building your claim as soon as possible. 

Critical Evidence That Will Strengthen Your Claim 

Depending on the circumstances of the accident, essential evidence may not be available indefinitely. For example, if your loved one died as the result of medical malpractice, the liable party might feel inclined to alter or destroy the medical records. Gathering proof of fault may not seem like a priority, but it’s something you should think about from day one. It’s also important to track damages in the wake of the loss so you can provide records, receipts, and invoices during the negotiations. 

If you want to file a wrongful death claim in Ohio, get in touch with the compassionate attorneys at Pater, Pater & Halverson. Based in Hamilton, this firm has been proudly serving clients throughout Butler County and the surrounding areas since 1889. In that time, they have established a reputation for practicing with honesty and integrity; and for their unwavering commitment to achieving the best outcome possible. Whether you need guidance regarding estate planning or criminal defense, you can count on them. Visit their website to learn more about their personal injury services; or, call (513) 867-1411 to talk to an attorney on their team.