how do you prove a wrongful death case

If you lost a loved one due to injuries they suffered in an accident, you and your family deserve justice. Bringing a wrongful death case can hold the at-fault party accountable for their negligent or wrongful actions and help you recover compensation for your losses.

The question is, how do you prove a wrongful death case?

In Northwest Ohio, Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC helps families get the justice they deserve. Having an experienced Ohio wrongful death lawyer on your side helps protect your legal rights and increases your chances of a successful outcome.

How Do You Prove Wrongful Death in Ohio?

Wrongful death occurs when someone’s wrongful or negligent actions leads to the death of another person. Proving fault and establishing liability requires demonstrating these elements.

Duty of Care

The at-fault party had a legal obligation to act in a way that would not cause harm to the victim. For example, all motorists owe a duty of care to others on the roadway. 

Breach of Duty

The at-fault party failed to uphold their duty and acted in a way that put the victim at risk of harm. If a driver was looking down at their phone and didn’t notice a stop sign, that driver has breached their duty of care. 


In breaching their duty, the at-fault party caused the victim’s fatal injuries. So if, in running the stop sign, the driver strikes and kills another motorist, a pedestrian, a bicyclist, etc., the driver’s breach of duty caused the victim’s death.

To build the most persuasive case possible, your attorney will investigate the circumstances of the accident and gather relevant evidence. Your lawyer may call on subject matter experts such as accident reconstruction specialists to provide opinions or testimony to substantiate your claim. 

Who Can Sue for Wrongful Death?

Under Ohio law, only a personal representative of the victim can sue for wrongful death. The personal representative brings legal action on behalf of the victim’s spouse, children, parents, or anyone else who might have a valid claim.

The Ohio wrongful death laws are complex and provide only two years from the victim’s death to take legal action. Talking to an experienced attorney can help you determine whether you have a valid claim and, if so, what the potential value of the claim might be. You could be entitled to compensation for the victim’s funeral costs, burial expenses, future lost earnings, lost household assistance, and non-economic damages such as loss of companionship and guidance.

Call an Ohio Wrongful Death Attorney Today for Help

Although getting a settlement for your loved one’s death can’t undo the damage that was done, it will send a powerful message to the at-fault party and provide a sense of closure for you and your family. Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC strives to provide an unmatched level of compassionate service to our clients. We will work tirelessly to get you and your family the justice you deserve.

Contact Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC today to discuss your options for filing an Ohio wrongful death claim. Call or contact us now to learn more or to schedule a free consultation.

Author Photo Aaron L. Bensinger

Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.

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