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Wrongful Death

Wrongful Death Litigation

If you’ve recently lost a loved one and feel as though the death could have been prevented, you may have the grounds for a lawsuit. I can look into your case and determine what your best options are. I understand how difficult it can be to cope with the death of a family member, especially when the death was unexpected. This is why we’re dedicated to helping families recover during this trying time.

What Is Wrongful Death?

A wrongful death occurs when a person dies from an injury resulting from another entity’s negligence or wrongful behavior. Those behaviors, or acts, could be reckless or intentional. This section of law also establishes when legal action can be taken for the death of a person.

  • When a person dies a wrongful death, damages can be recovered from the person or entity who caused it.
  • If the action resulted from gross negligence, punitive damages may also be sought.
  • After the funeral and attorney expenses have been paid, the remaining compensation will go to the surviving family members in a specific order…
    • If there is a surviving spouse but no children, the entire sum goes to the spouse.
    • In the event a spouse and child are left behind, both parties receive half the compensation.
    • If there is a child but no spouse, the surviving child receives the financial award.
    • If the deceased left no spouse or children, the recovery will go to the parents.
    • If there are no spouses, children, or parents living, the money will be used to pay off any debts attached to the deceased’s estate. Any remaining money will be passed to kindred more remote than those discussed above, according to the law of descent and distribution.

Common Causes of Wrongful Death

While an unexpected loss of life can occur at any time for a multitude of reasons, there are patterns when it comes to wrongful death. This is because there are certain situations where negligent actions occur more often. Below you’ll find some of the more common causes of wrongful death….

  • Car Accidents – While there are a number of traffic laws in place to keep travelers safe, there are drivers who choose to disregard those laws. When a driver uses a cell phone, neglects to obey the rules of the road, or drives carelessly, they’re actively choosing to put others’ lives at risk. In the event they seriously hurt or kill someone, they should be held accountable for their actions.
  • Medical Malpractice – There are times when we have to trust medical professionals with our lives. When they make serious mistakes, the consequences can be dire. While many doctors, nurses, surgeons, and medical staff are completely competent and qualified to do their jobs, there are individuals out there who practice medicine irresponsibly. If there are instances of communication errors, inadequate experience, or fatigue issues, the patients can suffer.
  • Motorcycle Wrecks – Motorcycles give riders a sense of freedom you just can’t get while inside a car or truck. Unfortunately, not all drivers responsibly share the road with these two-wheeled vehicles. Motorcycle accidents can be devastating, especially considering the exposure the operator has to the elements.
  • Product Liability – When we purchase a product we do so with the expectation it will work, and work correctly. We wouldn’t expect the product to harm us in any way; however, there are instances where defective products end in wrongful deaths. When a product suffers defects as a result of improper planning, manufacturing, or distribution, consumers are put at risk.
  • Truck Crashes – Because of their size, trucks pose unique dangers on the road. If they are not operated and maintained properly, other drivers on the road could suffer as a result.

Contact (859-746-0500) Michael A. O’Hara For a Consultation!

Advocating For Kentucky And Ohio Residents From My Office In Florence

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Able To Represent You During Life’s Critical Moments

My firm, Michael A. O'Hara PLLC, Attorney at Law, was created with the understanding that people do not like having to hire multiple attorneys as they face legal issues that can occur during their lifetime – such as divorce, the need for estate planning and probate guidance, facing a criminal charge, or seeking compensation after an accident. I have secured positive results in all those practice areas for numerous clients. My goal is to represent clients again and again when they need my services.

In my career as an attorney, I have seen that those who achieve the optimal results for their clients are usually the best prepared. When we begin working on your legal matter, I research and prepare as if it will end up in court. I will not accept a settlement or a plea bargain on your behalf that is not in your best interest. This approach is why my firm enjoys the respect and trust of its clients.