Losing a loved one due to someone else’s negligence can be devastating for family members. They often have to deal with their grief while also navigating the process of pursuing fair compensation for their losses.
A critical part of seeking damages is filing a lawsuit within the Ohio wrongful death statute of limitations, which is two years from the date of death. This deadline differs from the personal injury statute of limitations, which is two years from the date of the incident that led to injuries.
Two years is not a lot of time to thoroughly investigate what can sometimes be complex claims. Ohio law allows a representative to sue for wrongful death on behalf of surviving family members, but they must act quickly or risk losing the right to pursue compensation.
What Is the Ohio Wrongful Death Law?
Under Ohio Revised Code § 2125.01, a wrongful death occurs due to the neglect, wrongful act, or default of another party, under circumstances that would have entitled the deceased to file a personal injury claim had they survived. The legislature designed the statute to provide a path to compensation for certain surviving family members.
However, the law limits the time that the deceased’s estate has to bring a wrongful death claim. Under Ohio Revised Code § 2125.02, executors or administrators usually must file suit within two years of the decedent’s death. There are some exceptions to this rule. However, in most cases, a judge will dismiss a claim filed beyond two years.
Differences Between Wrongful Death and Personal Injury Claims
Wrongful death claims and personal injury claims are similar in that they are based on the negligent, reckless, or intentional acts of another party. However, in a personal injury claim, the injured party seeks damages for their own losses. In a wrongful death claim, damages compensate surviving family members.
Another difference between personal injury and wrongful death lawsuits in Ohio is who is eligible to file a claim. The injured party files a personal injury lawsuit on their own behalf. In a wrongful death claim, an estate representative must file the claim on behalf of family members.
Who Can File a Wrongful Death Lawsuit in Ohio?
While they are the recipients of damages, family members cannot file a wrongful death claim in Ohio. The personal representative of the deceased person’s estate must file the lawsuit. If there is a will, the personal representative is usually named there as executor. If there is no will, the probate court assigns a personal representative, or administrator, who may be a family member.
While only the personal representative can file the claim, multiple parties may share in the compensation. Ohio’s wrongful death statute presumes that certain people suffer damages after the loss of a loved one, including:
- Surviving spouse
- Children, biological and adopted
- Parents of the deceased
Other family members, such as grandchildren or siblings, may collect damages when there is no surviving spouse, children, or parents.
Identifying and appointing a personal representative for the estate can be time-consuming. There may be arguments amongst family members over who should serve as the estate’s administrator, or you may wish to challenge a named executor unable to carry out their duties. Consult an experienced wrongful death attorney promptly to protect your rights.
What Damages Can Be Recovered From a Wrongful Death Claim?
Ohio law names the compensatory damages available in wrongful death suits. Economic damages address the financial losses of family members, and non-economic damages compensate them for the emotional impact of their loved one’s death. Potential compensation includes:
- Funeral and burial expenses
- Loss of financial support, such as the deceased’s expected future earnings
- Loss of prospective inheritance
- Loss of services, such as childcare
- Loss of society, such as care, companionship, guidance, and consortium
- Mental anguish suffered by surviving family members
A judge may allow punitive damages in rare cases where the defendant acted with malice or aggravated or egregious fraud. The Ohio Supreme Court has ruled that malice includes extremely reckless behavior that shows a conscious disregard for obvious and great harm.
An experienced wrongful death attorney can assist you in calculating full damages so you don’t miss potential compensation. They can also stand up to insurance companies when they try to minimize or deny payouts.
How an Ohio Wrongful Death Attorney Can Help
Our award-winning attorneys assist clients in navigating the complex insurance and legal systems. We handle tasks that are challenging to tackle on your own, including:
- Identifying and analyzing applicable Ohio laws
- Gathering and preserving evidence
- Filing your claim on time
- Handling communications with insurance companies
- Negotiating a fair settlement
- Taking your case to court, if necessary
It’s not an easy decision to seek compensation from others, but don’t feel bad about filing a claim. In most cases, you will be pursuing damages against an insurance company that collected premiums in exchange for protecting people like you and your family.
Learn your legal rights and potential avenues of compensation by calling our team at 513-951-6723 in Ohio or 859-251-3045 in Kentucky, or complete our online form.
Partner With Our Wrongful Death Attorneys for Assistance With Your Claim
At Lawrence & Associates Accident and Injury Lawyers, LLC, we understand the challenges you’re facing, and we’re here to protect your rights every step of the way. Our experienced Cincinnati and Northern Kentucky wrongful death attorneys can guide you on what to do—and what to avoid—so you don’t unintentionally harm your case.
Our firm is dedicated to helping accident victims, and we’ve collected hundreds of millions in verdicts and settlements for our deserving clients. We are proud of client testimonials that remind us why we work so hard for the people who need us.
Call us today at 513-951-6723 in Ohio or 859-251-3045 in Kentucky for a free, confidential consultation, or complete our online form to get started. Let us fight for the compensation you deserve while you focus on healing.
