To prove the case in a negligence context, the executor must show that the defendant owed a duty of care to the child; that duty of care was breached; the breach caused the child’s injuries and death; and that the child’s estate and beneficiaries suffered damages.

The case must be proven by a standard called “preponderance of the evidence,” which essentially means that the evidence must tilt more in the favor of the executor than the defendant. Ohio wrongful death attorneys often explain the standard by telling jurors they just need to prove their case by 51 percent, which is well short of the reasonable doubt standard that we’ve all seen in television dramas depicting criminal trials.

If you or someone you know has lost a child to tragic circumstances, you need information. Order your FREE copies of The Ohio Wrongful Death Book and Little Kids, Big Accidents to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties.