What To Expect When Filing a Wrongful Death Claim
Losing someone you love is devastating. When their death could have been prevented, the grief is heavier, and often mixed with anger, confusion, and unanswered questions. While no legal action can replace your loved one, Ohio law allows families to pursue accountability and financial relief through a wrongful death claim. Understanding how the process works can ease some uncertainty during an already difficult time. Below, we discuss what typically happens when you pursue this type of claim in Ohio.
Understanding Wrongful Death Claims in Ohio
A claim based on a wrongful death arises when a person’s death stems from another party’s negligent or deliberate actions. Wrongful death claims exist to hold the responsible party accountable and to help surviving family members with the losses they’ve suffered. In Ohio, wrongful death cases can stem from:
- Car accidents
- Truck accidents
- Medical malpractice
- Workplace accidents
- Dangerous or defective products
Who Is Allowed To File This Type of Claim?
Ohio law limits who can officially file a wrongful death lawsuit. Only the personal representative of the decedent’s estate has the legal authority to file this claim. This person is either named in the will or appointed by the court.
Although one specific individual files the case, the compensation is meant for surviving family members. This may include the spouse, children, parents, or other dependents. The court typically oversees how any compensation is distributed to ensure fairness.
Types of Compensation Available
Wrongful death claims recognize that losses can be both financial and emotional. Families may seek compensation for lost income the deceased would have provided, loss of services like childcare, or household help, and loss of companionship, guidance, and care. Additionally, surviving family members can recover compensation for the mental anguish experienced.
Compensation may also include medical bills incurred before death and funeral or burial expenses. Because every family’s situation is different, compensation amounts do vary. The court may consider factors like the deceased’s age, health, earning capacity, and relationship with loved ones when determining damages.
The Legal Process
Below are the main steps involved when filing a wrongful death claim in Ohio
- Consultation With an Attorney
The process usually begins with a consultation with a wrongful death lawyer. The attorney can help you understand if you have a valid claim, investigate the incident, determine the damages you are owed, and provide legal guidance throughout the process to ensure your rights are protected.
- Filing the Claim
Once a case is prepared, the claim is formally filed. Many cases involve negotiations with insurance companies, which your attorney handles on your behalf.
- Litigation, if Necessary
If negotiations do not yield a fair settlement, the case may proceed to court, where a judge or jury decides the outcome.
Time Limits for Filing the Claim in Ohio
Ohio law generally gives families two years from the date of death or when the death was discovered to be wrongful to file this claim. Missing this deadline almost always means losing the right to seek compensation.
Legal Help Is Available
Contact our Columbus wrongful death attorney at the law office of Brian G. Miller CO., L.L.C., today, who can guide you through the process, protect your rights, and pursue the justice your loved one deserves.
Source:
codes.ohio.gov/ohio-revised-code/section-2125.02
