What Makes a Fatal Accident Qualify as Wrongful Death Under Ohio Law?

Losing a loved one in an accident can be emotionally and financially devastating. Under Ohio law, the legal system may be able to help you recover financially if the accident qualifies as a wrongful death. But what makes a tragedy a wrongful death, and what are your legal options in that situation?

Ohio Wrongful Death Laws

Wrongful death claims are a type of personal injury claim. This means your loved one died due to the negligence or misconduct of another party.

Negligence and Misconduct in Wrongful Death Claims

Negligence is an often misunderstood legal concept. Colloquially, many people understand the word as a synonym of “carelessness.” However, legally, the term is a bit more complicated. A person is considered negligent in a fatal accident if all of the following are true:

• That person had an obligation to protect the well-being of the deceased
• They carelessly violated that obligation
• That violation caused the death of the deceased
• Another party suffered financial harm due to that death

Wrongful death attorneys need to prove all of those elements when litigating a wrongful death lawsuit based on negligence.

Wrongful death claims can also be based on misconduct. In a case involving misconduct, the at-fault party didn’t have to intend for their actions to result in the death of another. If a person’s misconduct of any type resulted in death, they are responsible for that death.

Examples of Fatal Accidents That Qualify as Wrongful Death Cases

How does this definition apply in the real world? The following are examples of fatal accidents that qualify as wrongful death cases:

• A drunk driver caused a fatal accident
• A manufacturer produced a defective product that was unsafe to use
• Someone threw a punch, intending just to harm but accidentally killed their target
• Someone slipped, fell, and died on a patch of ice that a business owner failed to remove

In every case but the one involving the punch, the responsible party had a duty to protect others and failed to act.

Who May Legally File a Wrongful Death Lawsuit in Ohio?

Only one person can file a wrongful death lawsuit in Ohio, and that person is the personal representative of the deceased. This is a person who is legally assigned to represent the estate after the deceased has died.

Typically, a personal representative is assigned in the will of the deceased. However, if the deceased doesn’t have a will or it doesn’t name a legitimate personal representative, the court can appoint someone to the role.

If no one is named as the personal representative, you can petition the court to be appointed as the personal representative.

However, just because the personal representative is the only person who can file a lawsuit, that doesn’t mean they get all the damages from a wrongful death lawsuit.

A personal representative sues on behalf of every person who has a legitimate compensation claim. Typically, this includes anyone who would receive assets from the estate's distribution.

Types of Damages in a Wrongful Death Claim

In a wrongful death claim, you can receive mostly the same type of damages that the deceased would have been able to receive from a personal injury claim had they survived. Additionally, you can get compensation for earnings the deceased would have received had they lived, as long as you would have benefited from those earnings.

In a wrongful death claim, you can also receive damages for loss of companionship. The value of these damages is based on how strong a relationship you had with the deceased.

Ohio Statute of Limitations for Wrongful Death Lawsuits

Under Ohio law, the current statute of limitations per the Ohio Revised Code for filing a wrongful death lawsuit is two years from the date your loved one died. If you don’t file a lawsuit within that timeframe, typically, the court will dismiss your lawsuit.

FAQ

When Should I Contact an Ohio Wrongful Death Lawyer After the Death of a Loved One?

Typically, the best time to contact an attorney is as soon as possible after the accident. Even if you eventually decide not to pursue legal action, the lawyer will help you determine whether your case qualifies as a wrongful death claim and approximately how much your claim is worth.

What Can I Do if the Personal Representative Isn’t Fairly Representing My Wrongful Death Claim?

If you believe the personal representative isn’t acting in your best interests, you can petition the court for relief. An experienced wrongful death lawyer can help you pursue your legal options.

Does a Wrongful Death Case in Ohio Always Go to Trial?

No. Most wrongful death cases end in a settlement. Typically, insurance companies prefer to settle whenever possible because it saves legal costs.

How Long Will My Ohio Wrongful Death Claim Take to Resolve?

That depends on several factors. Usually, the more complicated a case, the longer it takes to resolve. Most likely, if your case ends in a settlement, you will receive compensation in less than a year. However, if the case ends up at trial, it will probably take over a year to resolve and may take several years.

Contact a Wrongful Death Lawyer in Ohio Today

When you lose a loved one unexpectedly in an accident in Ohio, you may feel overwhelmed by emotions and financial difficulties. At The Moore Law Firm, our wrongful death attorneys work tirelessly to help clients recover from devastating losses.

Take advantage of our free consultation to learn whether you qualify to get compensation for your loss. Contact us today to schedule a convenient appointment.