Many people who find themselves involved in an accident can walk away. They might suffer some injuries requiring medical attention, but after a few weeks, everything is back to normal.
But not all accidents simply result in minor inconveniences. A wrongful death claim for a surviving family member deals with losing a loved one due to a motor vehicle accident or another catastrophic event.
We know the pain and sadness that accompany such traumatic events. At the law firm of Ross, Midian & Breitmayer, LLC, our skilled Ohio wrongful death lawyers will handle your case with care, compassion, and understanding. We know the impact that this loss has had on you and your entire family, and we will be aggressive as we seek compensation from those who caused it.
Ohio Wrongful Death Law: An Overview
If your loved one was killed in an accident or died due to their injuries, you may wonder if you even have a case. According to the Ohio wrongful death statute, a death is considered “wrongful” when caused by negligent or wrongful actions or inactions of another person, company, or entity.
In other words, if your loved one’s death could have and should have been prevented, you likely have the right to wrongful death damages.
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Who Can File a Wrongful Death Claim?
State law governs who may bring a claim for wrongful death. Generally speaking, the following individuals are permitted to file a wrongful death lawsuit:
- The deceased’s surviving spouse
- The child or adopted child of the deceased
- The surviving parent(s) of the deceased
These individuals are automatically presumed to have suffered a loss due to the death, but others not listed here may also bring a claim if they can prove that they, too, suffered a loss due to the death.
What Damages Can Be Recovered?
Wrongful death lawsuits are civil claims, meaning they are entirely separate from any criminal proceedings that may occur. A civil suit does not result in criminal penalties against the person/party who caused the death but allows the affected parties to recover compensation for specific damages.
These damages may include:
- Medical expenses associated with the deceased’s final treatment
- Burial/funeral expenses
- Loss of companionship, love, and support
- Loss of financial support/income
- The value of household services provided by the deceased
- Loss of consortium
How Long Do I Have to File a Wrongful Death Lawsuit in Ohio?
If you lost a loved one due to another person’s negligence, you must act quickly to recover the financial restitution you and your family have the right to.
The statute of limitations on wrongful death lawsuits, meaning the amount of time you have to file your claim, is two years from the date of death, according to Ohio law ORC § 2125.02. There are very few exceptions to this timeline; in most cases, if you fail to bring your claim within two years, you will be barred from recovering any damages.
Our Ohio Wrongful Death Attorneys Provide Guidance Throughout Your Case
When it comes to wrongful death lawsuits, many items need to be examined to know precisely what compensation may be available. Our talented team will carefully review the facts of the accident and your family situation to determine the total value of your case.
Without having one of our experienced wrongful death attorneys on your team, you may be in a position to get taken advantage of during a difficult time. Insurance companies are not going to look out for you; in fact, they routinely make offers that are far from adequate in these cases. They assume that this loss has left you in a very challenging place financially, and that you will settle quickly because you need the money.
At Ross, Midian & Breitmayer, LLC, we will not let you be bullied into taking an inadequate settlement. We will give you a fair and honest review of your wrongful death case and tell you what our wrongful death attorneys can do to help you fight for the justice and full, fair compensation you and your family deserve. Contact us today to schedule a free consultation with the personal representative you need.
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