If you lost a family member in a Dayton car crash, a Dayton car accident lawyer can help you by handling the legal details of your wrongful death case. They can also provide emotional support and pursue the compensation you need, giving you time to grieve with your loved ones.
Your car accident attorney will seek justice on your behalf, holding the liable party accountable for their negligence. Some of the tasks your Dayton wrongful death lawyer should handle for you include:
Providing an Initial Consultation to Explain Your Legal Options
During an initial consultation, your wrongful death lawyer will listen to your story with empathy, understanding the sensitive nature of your loss. They’ll explain the legal concept of wrongful death, assess the circumstances of your loved one’s passing, and evaluate the details of your claim.
This meeting is an opportunity for you to ask questions, understand your rights, and learn about the legal process ahead. Your lawyer will outline how they can help seek justice and compensation for your loss, including estimating the potential damages you may recover. Importantly, this consultation serves as a foundation for building your case, offering clarity and direction at a challenging time.
Calculating the Value of Your Recoverable Damages
After a fatal car accident, a wrongful death lawyer can play a crucial role in helping you recover various types of damages, aiming to provide financial stability and a sense of justice for the loss of your loved one. These damages include:
- Medical expenses: Costs incurred from any medical care your loved one received due to the accident before their passing.
- Funeral and burial costs: Expenses associated with funeral services and burial or cremation.
- Loss of inheritance: Compensation for the prospective inheritance the deceased would have contributed to the family.
- Loss of support and services: Compensation for the loss of support, care, and services the deceased provided, such as household chores and childcare.
- Mental anguish: Compensation rewarded to surviving family members for the emotional distress the fatal accident caused.
Your wrongful death lawyer will work diligently to ensure that all potential damages are considered and that you pursue the fair compensation you deserve.
Ensuring You’re Aware of the Statute of Limitations
After a fatal car accident, you won’t have long to file a wrongful death lawsuit. According to Ohio Revised Code Section 2125.02, you generally only have two years to submit your case.
Your Dayton personal injury lawyer will ensure you’re aware of this legal deadline. They’ll do everything they can to keep your case on track so that you don’t miss your chance to recover compensation.
Providing Emotional Support to You and Your Loved Ones
A wrongful death lawyer provides emotional support throughout your case by offering compassion and understanding during a profoundly difficult time. They serve as a steady guide through the complex legal process, ensuring you feel heard and respected. By handling the burdensome legal tasks, they allow you to focus on healing and grieving.
Your lawyer will communicate clearly and empathetically, keeping you informed while shielding you from distressing details and negotiations. This support helps alleviate the emotional toll of pursuing justice, offering a sense of partnership and solace. Ultimately, their presence offers reassurance that you are not alone in navigating the aftermath of your loss.
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Explaining Who Can File a Wrongful Death Lawsuit in Dayton
In Dayton, Ohio, only the decedent’s personal representative can file a wrongful death case. While your loved one’s beneficiaries, such as their children or spouse, might recover the damages rewarded in your lawsuit, only the personal representative can bring the case.
In some cases, the decedent’s personal representative is named in their will. If your loved one passed away before their will was written, your motor vehicle accident lawyer may be able to help you determine who is eligible to file the wrongful death lawsuit.
Collecting Evidence to Prove Negligence
To build a strong fatal car accident case, your lawyer can utilize a variety of evidence, including:
- Police accident reports: Official documents that detail the incident, including any citations issued and officer observations.
- Eyewitness testimonies: Statements from people who witnessed the accident, providing firsthand accounts of what happened.
- Medical records: Documentation of injuries sustained by the victim, supporting claims for medical expenses and pain suffered before death.
- Expert testimonies: Insights from accident reconstruction experts, medical professionals, and financial analysts on the accident’s cause, the victim’s suffering, and the financial impact on your family.
- Photographic and video evidence: Images or videos from the accident scene, showing vehicle positions, damage, and road conditions.
- Cell phone records: To prove distraction, such as texting or calling at the time of the accident.
- Vehicle data recorders: Information from onboard devices that record speed, braking, and other vehicle operations before the crash.
This evidence collectively helps to establish liability, demonstrate the extent of losses, and support the claim for compensation.
Proving Who Is Liable for Your Loved One’s Fatal Accident
In a fatal car accident case, potentially liable parties can vary widely, including:
- The other driver(s), if their negligence, such as speeding or drunk driving, caused the accident.
- The vehicle manufacturer, if a defect in the car contributed to the accident’s severity or occurrence.
- Employers, if the at-fault driver was performing job-related duties at the time.
- Bars or restaurants, under “dram shop” laws, if they served an obviously intoxicated person who then caused the accident.
Identifying all potentially liable parties is crucial for ensuring full compensation.
Call The Fitch Law Firm, LLC, Today to Work With Our Car Accident Lawyer
If you lost a family member in a Dayton car crash, you need time to emotionally recover. A car accident lawyer from our firm will manage your case for you while you spend time with your family.
Call us today to get started on your case. We will provide a free initial consultation and can take your call 24/7.