A wrongful death case in Cleveland can be complex, and it is important to have an experienced attorney on your side. There are many elements that must be proved in order to win a wrongful death case, and the burden of proof is on the plaintiff. Doing this without the support of an attorney while in the mists of a tragedy is something none of us should even consider. You need time to grieve and an experienced attorney can help gather the facts and present your case, putting less stress on you and your loved ones.
What Is Wrongful Death?
Wrongful death is a legal term that describes a situation in which a person is killed as the result of the negligence or misconduct of another person or organization. This can include accidents, automobile collisions, medical malpractice, product defects, and more. A wrongful death lawsuit is a civil action filed by the family or estate of the deceased person against the individual or organization responsible for their death. The goal of the lawsuit is to recover damages for the loss of the deceased person.
Deciding To Go To Court
There are many factors that go into deciding to bring a death to court in Ohio. The primary factor is if the death was caused by someone else's negligence or misconduct. If the answer is yes, then the next thing to consider is if you have lost anything of value because of the death. This might include things like loss of earnings, love, companionship, and support. You will also need to calculate the monetary value of these losses.
It is also important to consider the amount of pain and suffering that has been caused by the death. This can include emotional anguish, mental suffering, and physical pain. All of these factors need to be taken into account when deciding if going to court is the right decision for you and your family.
The basic elements of a wrongful death claim are:
- The death of a person;
- Caused by the wrongful act or negligence of another person or entity;
- The survivors are suffering monetary damages as a result of the death.
How To Prove a Wrongful Death Case
The first step in any wrongful death case is to investigate the circumstances surrounding the death. This will include gathering police reports, medical records, eyewitness statements, and more.
There are many types of wrongful deaths that can occur. Here are some of the most common types of wrongful death cases:
- Medical malpractice
- Car and semi-truck accidents
- Work-related accidents
- Defective products
- Pedestrian and bicycle accidents
- Aviation accidents
Each of these different types will have a different set of circumstances that need to be investigated.
Proving a Medical Malpractice Case
Medical malpractice is one of the most complex types of wrongful death cases. This is because there are many different factors that need to be considered, and it can be difficult to prove that the death was caused by negligence on the part of the doctor or hospital.
Some of the things that need to be considered in a medical malpractice case include:
- Did the doctor fail to diagnose the condition?
- Did the doctor fail to provide proper treatment?
- Did the doctor fail to order the proper tests?
- Did the hospital fail to properly monitor the patient?
- Did the hospital staff fail to properly care for the patient?
All of these factors need to be considered in order to prove that the death was caused by medical malpractice.
Proving a Car Accident Case
Car accidents are one of the most common types of wrongful death cases. This is because they occur so frequently, and often times the cause of the accident is obvious.
Some of the things that need to be considered in a car accident case include:
- Was the other driver speeding?
- Was the other driver under the influence of drugs or alcohol?
- Was the other driver texting or talking on the phone?
- Did the other driver run a red light or stop sign?
- Did the other driver fail to yield the right of way?
In the case of a semi-truck, these considerations may change a little. Instead of trying your case against an individual, you will be up against a company that has certain policies in place.
For example, if the driver of the semi-truck was working for a company, then the company may be held liable for the accident. This is because they are responsible for ensuring that their drivers are following all of the safety regulations. You will want to ask questions related to if the drivers were operating according to their rules and regulations.
- Did the driver take the necessary breaks?
- Did the driver have the proper amount of sleep?
- Was the truck properly maintained?
- Does the driver have the proper training and certifications?
Proving a Work-Related Accident Case
Work-related accidents are another common type of wrongful death case. This is because there are many different regulations that employers are required to follow in order to ensure the safety of their employees. When workplaces do not follow or have safety protocols in place, it can often lead to tragic accidents.
Some of the things that need to be considered in a work-related accident case include:
- Did the employer provide the necessary training?
- Did the employer have the proper safety equipment?
- Did the employer fail to correct a hazardous condition?
- Did the employer fail to provide the proper safety gear?
- Did the employer require the employee to work in an unsafe condition?
- Did the employer fail to follow safety regulations?
- Did the employer fail to maintain the equipment?
These factors need to be considered in order to prove that the death was caused by the negligence of the employer and the work environment.
Proving a Defective Product Case
Defective product wrongful death cases are fairly similar to work related accident cases. This is because the company that manufactured the product is required to follow certain safety regulations in order to ensure that their products are safe for use. When companies fail to follow these regulations, it can lead to harm to consumers.
Some of the things that need to be considered in a defective product case include:
- Did the company fail to test the product?
- Did the company know about the defect and fail to warn consumers?
- Did the defect cause the death?
- Was the product being used as it was intended?
- Did the company provide adequate directions and warnings?
Some products can inherently be dangerous and it is up to companies and manufacturers to educate consumers to keep them safe.
Proving a Pedestrian or Bicycle Accident Case
Pedestrian and bicycle accident cases are similar to car accident cases. This is because the driver of the vehicle is often at fault for not paying attention or following the rules of the road.
Some of the things that need to be considered in a pedestrian or bicycle accident case include:
- Was the driver speeding?
- Was the driver under the influence of drugs or alcohol?
- Was the driver texting or talking on the phone?
- Did the driver run a red light or stop sign?
- Did the driver fail to yield the right of way?
A driver's negligence can lead to a pedestrian or bicyclist being struck by a vehicle. If the driver was found to be at fault, they may be held liable for the accident.
Proving an Aviation Accident Case
Aviation accident cases are some of the most complex cases to prove. This is because there are many different factors that need to be considered in order to determine who is at fault.
Some of the things that need to be considered in an aviation accident case include:
- Was the pilot properly trained?
- Was the airplane properly maintained?
- Did the weather play a role in the accident?
- Was there a mechanical failure?
- Did the air traffic control make any mistakes?
There are many different factors that need to be considered when determining who is at fault in an aviation accident. An experienced attorney will be able to investigate the accident and determine who is responsible. Sometimes it will be the pilot, other times the weather could cause the accident, and sometimes it is the responsibility of the mechanic.
No matter what the cause of the accident, if you have lost a loved one in an aviation accident, you may be entitled to compensation. An experienced wrongful death attorney will be able to help you through this difficult time and fight for the compensation you deserve.
Hire a Wrongful Death Attorney in Cleveland, Ohio
In order to prove these elements, the plaintiff will need to present evidence such as eyewitness testimony, expert testimony, medical records, and more. An experienced attorney will know how to collect and present this evidence in a way that is most persuasive to a jury.
The Cochran Firm Cleveland has a team of experienced wrongful death attorneys who are ready to help you with your case. If you have lost a loved one in an accident, call us today for a free consultation. We will fight for the compensation you deserve.