Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Losing a loved one is hard enough, without the knowledge of knowing that your loved one’s death is due to someone else’s negligence. After such loss, you may be wondering what options you have in terms of legal recourse, which is where a compassionate and capable wrongful death lawyer can help. If you want to know more about the ways a lawyer can help in a Toledo wrongful death case, read on.
One of the ways a lawyer can help in a Toledo wrongful death case is by helping individuals get in contact with an accident reconstructionist. An accident reconstructionist uses math and physics to determine the cause of an accident. In a disputed liability situation, both sides often use a reconstructionist to try to prove their cases. The qualifications of these experts vary from individuals with high school degrees and continuing education classes to professors who teach at universities. An Ohio wrongful death lawyer’s experience and connections can help them find the right expert for an individual’s case.
One of the jobs of the attorney is to maximize recovery for the client. In order to do that, the attorney needs to find all the potential individuals or businesses responsible for causing the death.
Sometimes this is easy and obvious. If a defendant ran a red light and caused the death, it is pretty clear who will be the target of the lawsuit. But if the driver was on the job at the time, it may be difficult to determine the business for whom the driver worked.
That is crucial information because, under the doctrine of respondent superior, the employer also may be liable for the accident.
Experts can make or break a person’s case. Experts are witnesses with a specialized knowledge base whose testimony is necessary to prove a case. Examples include economists, grief counselors, psychologists, accident reconstructionists, coroners, doctors, scientists, and engineers.
A wrongful death lawyer has many ways to find the right experts. An attorney belongs to the state and national plaintiff attorney organizations that have databases of various experts.
Those organizations also have scouting reports on the experts who tend to testify mostly for defense attorneys. The lawyer also has a network of fellow plaintiff lawyers that he consults with on a regular basis to find the best experts.
The Ohio Wrongful Death Statute is designed to benefit the survivors of the person who died as a result of the conduct of a negligent party. The more survivors who depended on the loved one for companionship, guidance, and income, the greater the value of the case.
A lawsuit can be filed either where the defendant resides or where the incident causing the death occurred. For instance, if a car accident happened in Lucas County and the defendant lived in Wood County, the lawsuit could be filed in either county.
Certain jurisdictions are more friendly to plaintiffs than other jurisdictions. Sometimes that’s because certain judges have previously ruled on a particular issue that might be highly relevant to a case. An Ohio wrongful death accident attorney’s experience and insight can be helpful in picking the best court for an individual’s case.
Insurance coverage is essential to getting the best recovery possible in most cases. Most defendants do not have enough money or assets to adequately compensate the family members of someone killed as the result of negligence. One of the ways a lawyer can help in a Toledo wrongful death case, is by helping the family members of the deceased, find the right kind of insurance coverage. In doing so, the attorney can help protect the family.
Families can suffer a huge economic loss when a loved one dies. In order to prove the amount of that loss, attorneys should hire an economist. Most economists are university professors who look at the decedent’s income level, the income they would have earned had they lived, prior tax returns, and other economic data to determine the value of the economic loss caused by the death. In addition to having excellent academic credentials and real-world experience, an economist also must be a superb communicator with the jury.
A wrongful death case is brought on behalf of the estate of the deceased individual for the benefit of their heirs. Often, the decedent will have accumulated debts that are outstanding at the time of the death. The attorney’s job is to minimize the debts for which the estate would be responsible.
The death of a loved one is usually devastating, especially when the cause is someone else’s negligence. The loss typically causes psychological injury to the survivors.
Depression, post-traumatic stress disorder, and anxiety are the most common results. The report of a highly qualified clinical psychologist can help document these very real psychological injuries, which can be presented to the defendant and the jury.
The grief counselor can document loss and help the survivors deal with the tragic situation. The grieving process is an expected part of the wrongful death of a loved one with various stages the family needs to work through with the help of the counselor. The Ohio wrongful death lawyer can help the family locate trained professionals who can best deal with these issues. If you want to know more about the ways a lawyer can help in a Toledo wrongful death case, consult a wrongful death attorney as soon as possible.
Charles E. Boyk Law Offices, LLC