Who Can File a Wrongful Death Lawsuit in Ohio?

When the life of a loved one is cut short by the careless actions of another person, the impact can be profound and far-reaching. If you find yourself in this unfortunate situation, you might be wondering whether it’s worth pursuing a wrongful death lawsuit in Ohio. But do you qualify?

Can You File a Wrongful Death Claim?

Only certain people can initiate a wrongful death claim. Typically, the following individuals have the legal right to file:

• The Personal Representative of the Estate: The person who acts on behalf of the surviving family members and beneficiaries
• The Surviving Spouse, Parents, and Children: These individuals are presumed to have suffered losses due to the death
• Other Next of Kin: If there are no surviving immediate family, siblings, grandparents, or other dependant relatives may be able to file a claim

It’s important to understand that while these parties can benefit from a wrongful death lawsuit, the estate’s representative must bring the action itself. This ensures that the legal process is handled properly and that all potential claims are consolidated into a single lawsuit.

What Typically Causes Wrongful Death?

Wrongful death claims can arise from virtually any situation where misconduct or reckless behavior leads to a fatality. Understanding a few of the most common causes can help you determine whether you have a valid claim:

• Medical Malpractice: Mistakes made by healthcare professionals, such as a misdiagnosis or surgical errors, sometimes result in a patient’s death
• Workplace Accidents: Employers have a responsibility to maintain a safe working environment; failure to do so can be grounds for a lawsuit
• Car Accidents: Collisions from speeding, drinking, ignoring street signs, and texting while driving are among the leading causes of wrongful death in Ohio
• Criminal Behavior: While the criminal justice system handles punishment for crimes like homicide, wrongful death lawsuits compensate the family for their loss
• Defective Products: Manufacturers can be held liable for product defects that cause death, such as contaminated food or drugs and faulty machinery

This is by no means a comprehensive list. If you believe negligent behavior played a role in your loved one’s fatal accident, contact an experienced wrongful death attorney to discuss your situation.

FAQ

What Is a Concussion?

A concussion is a mild type of brain injury caused by a blow to the head or a violent shaking of the head and upper body. It can lead to temporary cognitive impairment, along with confusion, dizziness, and headaches.

Though rare, concussions can sometimes lead to bleeding or swelling in the brain, which can be fatal. For this reason, anyone who has suffered one should be monitored for several days to watch for worsening symptoms.

Wrongful death lawsuits related to concussions usually come about due to repeated injuries, such as those professional athletes often encounter.

What Are the Symptoms of a Concussion?

The symptoms of a concussion can vary but often include confusion, headaches, dizziness, nausea, vomiting, fatigue, slurred speech, and delayed reaction to stimuli. These signs don’t always appear immediately and might develop over several hours or days.

A doctor will typically diagnose a concussion through a physical exam and an assessment of symptoms. CT scans and MRIs are sometimes used to rule out more severe brain injuries, but small brain bleeds might not be visible.

If you suspect your loved one suffered a concussion that may have been linked to their death, but there was no official diagnosis, think back to how they were behaving. If any of these symptoms sound familiar, make sure to let your attorney know so they can include this information in your claim.

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury is a severe type of brain injury that most often comes from a violent blow to the head. TBIs can cause long-term complications like memory problems, cognitive deficiencies, emotional instability, anxiety, depression, and physical impairments. Severe TBIs often lead to permanent disability or death.

Can Concussions and TBIs Lead to Wrongful Death Claims?

Yes. If a concussion or traumatic brain injury caused by another person’s negligence results in death, the family of the deceased may have grounds for a wrongful death claim. Any number of situations can cause these injuries, including car crashes, medical malpractice, and workplace accidents.

Proving Fault in a Wrongful Death Case

To successfully bring a wrongful death lawsuit in Ohio, the claimant must prove four key elements:

Duty of Care

The plaintiff must show that the defendant owed a duty of care to the deceased, meaning they had a legal obligation to behave in a certain way to prevent harm (driving safely, for example).

Breach of Duty

Next, the plaintiff must demonstrate that the defendant breached their duty of care through recklessness, intentional misconduct, or negligence, such as when a doctor doesn’t follow the standard of care while treating a patient.

Causation

The person bringing the claim must also provide evidence that the defendant’s breach of duty caused the death. This requires drawing a direct link between the defendant’s actions (or lack thereof) and the fatality.

Harm or Loss

Lastly, the plaintiff must show that the death resulted in actual harm or loss, such as financial hardship, emotional suffering, or loss of companionship. Evidence like financial records and personal statements can be used to substantiate these claims.

Establishing all of these factors can be challenging. Given the complexities involved, consulting a wrongful death attorney is strongly recommended.

Finding Closure and Justice

Pursuing a wrongful death lawsuit in Ohio is an emotionally fraught process. If you decide to take this course, you’ll need an experienced legal representative to guide you through each pivotal step.

The Moore Law Firm in Cincinnati has a proven track record of handling wrongful death cases with skill and compassion. With award-winning representation and a long list of satisfied clients, we’re here to provide you with the support you need during this difficult time.

Contact us today to schedule a free consultation and learn more about how we can help you get justice for your loved one.