Learn How a Columbus Wrongful Death Lawyer Can Seek Compensation for Your Family
For families who have lost loved ones in fatal accidents, filing a wrongful death claim can be an important step in the coping process. Holding the at-fault party accountable can provide a sense of closure, and it can also ensure that your family has the financial resources needed to move on. One of the first steps in the process is proving liability, and this requires representation from an experienced Columbus wrongful death attorney.
Liability is the legal term for responsibility. To file a wrongful death lawsuit, you need to be able to prove who is responsible for your loved one’s untimely passing. Once you prove who (or what company) is responsible, then the focus shifts to proving how much your family is entitled to recover.
How Do You Prove Liability for a Fatal Accident in Ohio?
So, how do you prove liability in an Ohio wrongful death case? Proving liability requires evidence of what happened and why. This evidence can take many different forms, and it can be available from many different sources.
Conducting an Investigation at the Scene of the Accident
In most cases, a key source of evidence is the site of the fatal accident. This is true for auto accidents, construction accidents, and other types of accidents that can give rise to wrongful death claims under Ohio law. The need to collect evidence from the accident site makes it important to investigate promptly—and this is one of several reasons why it is important to speak with a Columbus wrongful death lawyer as soon as possible.
Some examples of ways it may be possible to prove liability with evidence from an accident site include:
- Collecting Forensic Evidence – Various forms of evidence may be available at the accident site. In auto accident cases, this can include everything from vehicle debris to damaged sign posts and guardrails. In other cases, this can include remnants from the accident, evidence of hazardous conditions and various other forms of evidence as well.
- Reconstructing the Accident – Using forensic evidence, measurements from the accident site, and other data and evidence, professional accident reconstructionists can piece together the events leading up to a fatal accident. These accident reconstructions can be remarkably accurate, and they can be admitted into evidence in court.
- Identifying Other Sources of Evidence – Conducting an on-scene investigation can also provide insight into other potential sources of evidence. For example, if the accident occurred at an intersection, near an overpass or near a business with surveillance cameras, the accident may have been captured on video. It may be possible to identify potential witnesses and other sources of evidence as well, and your Columbus wrongful death attorney can pursue any leads while you focus on spending time with your family.
In fatal auto accident cases, inspecting each of the vehicles involved in the collision can be a critical step as well. This, too, needs to be done quickly—before the vehicles get repaired or sent to the scrap yard. The location and extent of the damage to each vehicle can say a lot about what happened and who was responsible for the crash.
Gathering Evidence of Liability from Other Sources
Along with the accident site (and the vehicles involved in a fatal collision), evidence of liability may be available from a variety of other sources as well. These sources will vary from case to case—depending on the nature of the accident and other factors. With this in mind, some examples of other potential sources of evidence of liability in Ohio wrongful death cases include:
- Traffic camera or surveillance camera footage
- Cell phone camera photos or videos
- Eyewitness testimony
- Cell phone records
- Employment records
- Receipts and account statements (i.e., in the case of a fatal drunk driving accident)
- Corporate property and maintenance records
Again, these are just examples. When you hire an experienced Columbus wrongful death lawyer to represent your family, your family’s lawyer will carefully assess all potential grounds for liability and identify all potential sources of evidence. Your lawyer will then work quickly to gather the evidence, whether this means working with an investigator, contacting potential witnesses, or using formal legal means.
Using the Evidence to Prove Liability for a Fatal Accident
Once your family’s lawyer has gathered as much evidence as possible, he or she will be able to use this evidence to determine who (or what company) is legally responsible for your loved one’s wrongful death. Broadly speaking, most wrongful death cases will involve one of the following three types of liability claims:
1. Individual Liability
Individuals can be liable for accident victims’ wrongful deaths in some cases. Practically speaking, establishing liability and seeking financial compensation in these cases usually means dealing with the liable individual’s insurer—whether an auto insurance company, home insurance company, or umbrella liability insurance provider.
2. Employers’ Vicarious Liability
Under Ohio law, employers can be held vicariously liable for their employees’ negligence within the scope of their employment. This means that if your loved one was killed in an accident caused by someone who was working, his or her employer may be fully liable for your family’s losses.
3. Companies’ Direct Liability
Companies can also be held directly liable in some wrongful death cases. For example, if your loved one was killed in an accident caused by a poorly maintained commercial vehicle, an unsafe construction site or a defective product, your family could have a direct liability claim against the company that is responsible.
Discuss Your Family’s Legal Rights with an Experienced Columbus Wrongful Death Attorney
If you need to know more about proving liability in an Ohio wrongful death case, we invite you to contact us for a free, no-obligation consultation. To speak with an experienced Columbus wrongful death attorney at Malek & Malek Law Firm in confidence, give us a call at 888-444-7440 or tell us how we can get in touch online today.