The passing of a loved one is always harrowing, but it can be even more distressing when it occurs because of another party’s negligent or wrongful conduct. That is where wrongful death law comes into play. If it applies to your case, you may be entitled to file a claim to receive compensation for the losses you and your family have sustained.
Wrongful death cases in Ohio are complex and require experienced representation. If you are going through this difficult time, the last thing you need is to worry about meeting legal deadlines. Here’s what you need to know about wrongful death law and whether your situation could qualify for filing a claim.
What Is Wrongful Death in Ohio?
In legal terms, a wrongful death occurs as a result of another party’s misconduct or negligence. Generally, if your loved one would have been entitled to file a personal injury claim had they survived their injuries, you can likely file a wrongful death claim.
As in regular personal injury claims based on negligence, you will have to demonstrate that the other party owed your loved one a duty of care that they breached. You then need to establish that the breach led to the injuries that caused your loved one’s death.
Common Causes of Wrongful Death
One of the most common causes of wrongful death is motor vehicle accidents. In 2023, there were 1,242 fatalities that occurred on Ohio roads. Although not all of these deaths are wrongful by law since it’s necessary to establish that they occurred because of another party’s conduct, a significant number do meet the legal requirements.
Medical malpractice is another common cause of wrongful death cases. Healthcare providers owe all of their patients a duty to offer care that meets the accepted standard. If they fail to do this and a person dies, they can be held liable for a wrongful death. Medical misdiagnosis, medication errors, hospital-acquired infections, and surgical errors are examples of potential medical malpractice.
Workplace accidents are also frequent causes of wrongful death. Typically, these involve dangerous worksites, like construction sites and warehouses, but a death can happen at any workplace if there’s negligence.
Falls are also a common cause of wrongful deaths, whether from heights or ground-level slip and fall accidents. It’s also possible for death to occur from a defective product. If a car’s brakes fail or a medical device leads to a loved one’s death, you may be able to begin a claim against the manufacturer.
Who Can Begin a Wrongful Death Claim in Ohio?
In Ohio, only the estate’s legal representative may file a wrongful death claim. The people who receive the benefits, however, are close family members, like children, spouses, and parents.
Available Damages in Wrongful Death Cases
When you begin a wrongful death claim, you can receive compensation for the lost wages and future earnings your loved one would have made, which is vital for families who depend on the person’s income. This also includes benefits, such as health insurance.
Similarly, if a loved one offered household services, such as childcare, which you will now need to hire someone to do, you can get damages for these financial losses. Compensation is available for medical expenses, as well. These damages can cover all of the bills from the medical care that your loved one received before their death. All funeral expenses can be addressed, too, via compensation.
The losses that you have sustained are not just financial in nature, however. You can receive compensation for the loss of companionship and emotional support your loved one provided. Additionally, damages can compensate you for the pain and suffering your loved one underwent before they died.
Statute of Limitations in Ohio Wrongful Death Cases
In Ohio, the statute of limitations gives you two years from the date of your loved one’s death to file a claim. In some circumstances, this deadline can be paused or extended. If you didn’t know that the death occurred because of negligence until later, you may have additional time.
Although Ohio law provides for a two-year statute of limitations for wrongful death claims, recent case law has indicated that wrongful death claims arising out of medical malpractice, could have a statute of limitations as early as one year.
It’s essential to speak with a lawyer about timelines that apply to your case. If you miss the deadline, you may not be able to recover losses.
How an Experienced Wrongful Death Lawyer Can Help
Having an attorney on your side makes it easier to gather the necessary evidence to demonstrate how the death occurred. Your attorney can speak with witnesses, including expert witnesses, to get corroborating statements. They can then put together a robust case.
Vitally, wrongful death lawyers can negotiate with insurance companies to obtain a settlement. They understand the various tactics that insurers may use to try to minimize your claim and can aggressively fight for a fair offer. If a settlement isn’t possible, they can take the case to court.
FAQ
How Long Will an Ohio Wrongful Death Case Take?
The answer will depend on factors such as how complex the claim is, how many parties are involved, and the quality of the evidence. Generally, you can expect it to take a few months.
Will a Wrongful Death Claim Impact an Ongoing Criminal Case in Ohio?
No. If the other party’s actions were such that they can be charged with a crime, civil lawsuits can occur at the same time.
Can the Family Recover Losses if the Victim Was Partly Responsible for Their Own Death?
Yes. In Ohio, a wrongful death victim can be partly responsible for their death, but the family can still recover losses, as long as the percentage of fault falls below 50%.
Trust Our Skilled Wrongful Death Law Firm
If your loved one passed because of another party’s misconduct, The Moore Law Firm can help. With over 50 years of combined experience, our team can offer the tenacious and compassionate representation you deserve. Contact us to schedule a free case assessment today.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.