Dec 28, 2020
Our Columbus wrongful death attorneys know that the death of a loved one is always a tragic occurrence, but even worse when it is unexpected and caused as a result of another person’s negligence, carelessness, or recklessness.
In addition to the emotional hardships presented, it may be further overwhelming if you are trying to contemplate and manage the logistics of pursuing an Ohio wrongful death lawsuit. From appointing a personal representative to manage the estate, to opening an estate and other logistics associated with probate court, to having to pay for the medical expenses related to treatment, to coming up with funeral expenses, our local wrongful death attorneys can assist.
In Ohio, a wrongful death lawsuit can arise when an individual is killed as a result of someone else’s wrongful act, neglect, or deliberate act. Specifically, 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.” The most common examples that lead to such claims include individuals killed in car accidents, motorcycle wrecks, truck and semi-truck accidents, bicycle accidents, or construction accidents. However, additional circumstances may give rise to a wrongful death lawsuit.
“The personal representative” of the deceased person’s estate may bring a wrongful death lawsuit in Ohio. This person often is the deceased’s surviving spouse, the parent of a deceased minor child, or surviving children. However, Ohio laws set requirements for who can become a personal representative. In addition, an estate must be opened, and a personal representative must be appointed by the probate court before a settlement can be approved.
The answer to this question is highly variable depending upon several factors, such as the difficulty of proving the case, whether the case settles or goes to trial, the appeal process, and the unique facts of the specific case. For a specific answer, it is encouraged that you discuss the circumstances of your potential wrongful death claim with a skilled Columbus personal injury attorney.
In Ohio, wrongful death claims must be made within two years from the date the victim died. If such a filing is not timely made, any potential you may have to pursue a recovery will be lost. Therefore, in all situations, it is best to act in a timely manner to speak with an Ohio wrongful death attorney to ensure your potential claims are preserved.
As one may have anticipated, valuing wrongful death claims can often be difficult. And while there is never enough money to replace a loved one, there are several variables that may be relevant to determining the value of a wrongful death claim. A non-exhaustive list of such factors includes the deceased person’s age, loss of expected income, medical expenses, funeral and burial expenses, loss of services to family, pain and suffering, and others.
In addition to the above factors, practical considerations also must be made, which include the availability of insurance coverage from which a recovery can be made and the collectability of the at-fault individual and/or company. Having a knowledge Columbus wrongful death attorney may aid you in identifying and understanding the applicability of insurance coverages. With these factors in mind, it should be noted that every case is different and warrants the review from an experienced personal injury attorney.