Every state has its own set of laws concerning
wrongful death claims and the ensuing lawsuits. The definition of wrongful death in Ohio
means that another's negligence caused the death. The exact wording
under the Ohio Revised Statute 2125.01 states that it is caused by “wrongful
act, neglect, or default which would have entitled the party injured to
maintain and action and recover damages if death had not ensued.”
The Claims Process for Wrongful Death
As with personal injury cases, wrongful death claims can be brought against
insurance companies and also can be taken to civil court to recover for
the damages. Obviously, the costs of a wrongful death suit are higher
due to the emotional impact that families endure.
Your claims can include compensation for the following:
- Loss of companionship
- Loss of consortium
- Emotional anguish
- The cost of funeral arrangements
The difference is that since the individual who has passed cannot proceed
with a claim, another party must take his or her place. The law requires
that person to be a “personal representative” as appointed
by the person’s estate. These losses will be used to provide compensation
for the surviving children, parents, and the spouse of the individual.
The Statute of Limitations in OH
Every case of negligence, whether it is personal injury or wrongful death,
has a deadline to file a legal action and preserve the right to obtain
compensation. This is called the statute of limitations. For wrongful
death cases in Ohio, the statute of limitations is two years after the
person’s death. The estate waives the right to file for compensation
if they file after those two years. If you were to try to bring the case
before a judge, without question the judge would seek to throw out the
case almost immediately. Therefore, it is imperative that you find legal
counsel now to discuss how to begin the claims process.
Request an Appointment with Moore Law Firm
award-winning team of Cincinnati wrongful death attorneys has
more than 45 years of legal experience. We understand the laws and now how to investigate cases to determine
where someone acted negligently and caused a loved one’s accident.
We use cutting-edge technology in juried trials and present our cases
with compelling evidence. We urge you to contact us right away if your
loved one was passed due to another’s negligence.
Call us today at (513) 494-6941 to
request your appointment. We charge no fees unless we win!