Feb 17, 2020
The death of a family member is a tragic occurrence no matter how it happens. When the death of a loved one is unexpected, or caused by another’s negligence, recklessness, or carelessness, it can be even more difficult. In addition to the emotional hardships presented, financial burdens and other challenges presented after the death of a loved one can only make the healing process tougher. While a lawsuit is typically far from thought, bringing a wrongful death claim can help to lessen some of the burdens presented and help with the healing process.
Ohio Revised Code § 2125.01, in part, defines an action for wrongful death as a death caused by “a wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued.” Although different circumstances can potentially lead to such claims, the following are examples that may give rise to a wrongful death claim:
While only a “personal representative” of the deceased’s estate may bring a claim for wrongful death, the claim itself may seek damages for the estate, along with certain surviving family members. Certain family members are presumed to have suffered losses. These include, the surviving spouse of the deceased, any surviving children, and the surviving parents of the deceased. A wrongful death lawsuit must be brought within two years of the individual’s death.
The main type of recovery in wrongful death lawsuits is through compensatory damages. Typically, compensatory damages are classified as economic and non-economic damages. Compensatory damages, true to their name, attempt to compensate family members for the loss of their loved one.
Though the process can be difficult, an experienced attorney can help you in the potential legal recovery process, as well as the management of such a recovery through the probate process, which can be of great benefit and comfort during a trying time. At Brian G. Miller Co., L.P.A., our attorneys are not only experienced, but also knowledgeable and successful in litigating wrongful death claims in Columbus, Ohio and the surrounding counties.