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Who Can File a Wrongful Death Lawsuit in Ohio?

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.

What are the statute of limitations for wrongful death in Ohio?

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

Our 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!