Filing a wrongful death claim in Ohio

| Oct 3, 2019 | Wrongful Death

While no amount of money can ever ease the pain of losing a loved one, families that have suffered a loss may find financial support helpful during a very difficult time. Filing a wrongful death lawsuit against parties responsible for your loved one’s death could allow your family to recover damages for loss of support, medical and funeral expenses and other pecuniary injuries.

According to Ohio Rev. Code, Chapter 2125.01, a wrongful death is defined as a death caused by a “wrongful act, neglect or default” of another party. In other words, a wrongful death claim is essentially a personal injury claim filed on behalf of a deceased person who can no longer file their own claim.

Not all family members are allowed to file a wrongful death claim on behalf of a deceased person. Generally, under Ohio law, the surviving spouse, surviving children and surviving parents of the deceased are the only people who can be compensated in a wrongful death suit. Other family members may be compensated only if they can prove that they have suffered a financial loss.

You will have two years from the date of the victim’s death to file your claim. Your main goal will be to prove that their death was caused by someone else’s negligence and that surviving family members suffered monetarily because of the death. For example, a young child of the deceased could suffer in that they lost the source of income that provided them with food, clothing and other necessities.

Losing a loved one can be painful, but wrongful death damages can allow your family to focus on healing, rather than financial issues.