The Action for Wrongful Death is outlined in Section 2125 of the Ohio Revised Code and provides remedies for family members to seek compensation for the loss of their loved one. This statute provides remedies for beneficiaries as to what damages they can recover and under what categories. If the negligent actions (or inaction) of another person caused the death of your loved one, you may be eligible for compensation through a wrongful death claim. While no amount of money can reduce the devastation of your loss, financial support may be pivotal as you may face the costs of your loved one’s medical bills, funeral, and more.
At Graham Law, our wrongful death attorneys have provided valuable legal guidance to many surviving family members in wrongful death claims and have been successful in recovering millions of dollars for our clients. Located in Zanesville and Cambridge, Ohio – our law firm is equipped with the resources to serve clients no matter where they reside in Ohio thanks to virtual technology. If you need legal help with a wrongful death claim, contact our wrongful death attorneys today for a free consultation.
Wrongful Death Claims
In general, if the deceased person might have been eligible to file a personal injury claim had they survived, their family members may be able to file a wrongful death claim. Under Ohio law, negligence is associated with circumstances where a person or party has breached their duty of care, resulting in the injuries that have led to the wrongful death.
The following are examples of ways in which negligence may be involved in a wrongful death claim:
- Distracted driving
- Driving while under the influence of drugs and/or alcohol
- Driving in excess of the speed limit
- Medical malpractice
- Dangerous or defective products
- Unsafe premises conditions, such as uneven flooring or wet floors
- Wrongful death caused by intentional acts such as assault
While there is no amount of precaution that could erase the risk of serious injury, in most cases there is a reasonable standard of care that can be expected. This may mean a homeowner ensuring their property does not have exposed electrical wiring, or a driver ensuring they do not get behind the wheel when intoxicated.
Who is Eligible to File a Wrongful Death Claim in Ohio?
If the deceased individual has left behind a will, they may have named a personal representative to take over the handling of their estate. It is the personal representative who can file a wrongful death claim. If the deceased did not leave behind a will, probate court may appoint a personal representative.
If a wrongful death claim results in a monetary award, the close family members of the deceased will typically divide the money. Eligible family members usually involve those who have been dependent on the deceased, and may include a surviving spouse, children, dependent parents, or more. Other family members such as grandparents, cousins, siblings, and more may be eligible if they are able to provide proof that the wrongful death has caused them to suffer legally compensable losses.
Every case is different and may present their own uniqueness and set of challenges. Having an attorney on your side while handling a wrongful death claim may help diminish the chances for costly errors with respect to your wrongful death claim.
Damages Available for Wrongful Death Claimants
Compensation through a wrongful death claim may help cover monetary losses incurred because of the wrongful death. They may include medical expenses associated with your loved one’s accident, as well as the costs of burial, funeral arrangements, and more. Depending on the circumstances of your case, here is a general overview on the damages recoverable in wrongful death claims, however we recommend you consult with an attorney as there can be exceptions to these:
Economic damages: These are quantifiable financial losses suffered by surviving family members and can include things like medical and funeral expenses; lost wages and income from the deceased; loss of future earning capacity of the deceased; and loss of household services provided by the deceased such as childcare.
Non-economic damages: These are intangible losses that are harder to quantify (but an attorney can help with). These include things like pain and suffering of the surviving family members; mental anguish; loss of companionship; and loss of consortium.
It’s worth noting that there is a two-year statute of limitations for filing a wrongful death claim in Ohio which means the lawsuit must be filed within two years of the date of death. However, there are exceptions to this in instances where the wrongful act or cause of death is not immediately known. We recommend you consult with a wrongful death attorney sooner than later.
What are the Time Limits on Wrongful Death Claims?
In Ohio, wrongful death claims are subject to strict time limits, known as statutes of limitations. Filing within these deadlines is critical to preserving your rights and securing justice for your loved one. But how much time do you really have to act? If you have questions about time limits for filing wrongful death claims in Ohio, contact our Ohio wrongful death attorneys today. Our team offers compassionate and experienced legal support for clients during this difficult time.
Contact Graham Law for a Free Consultation With a Wrongful Death Attorney
Financial concerns can severely exacerbate the pain and suffering of losing a loved one. If you have lost someone close to you as a result of another person or party’s negligent or wrongful action, you may be eligible for support through a wrongful death claim. At Graham Law, our wrongful death attorneys approach each case with attentive and compassionate care, working to help you receive the results you deserve. Contact us today to schedule an initial consultation and let us help you with your claim.
