Losing a loved one due to the negligence or misconduct of another person or entity is an unimaginable tragedy. In such devastating circumstances, Ohio law provides a legal avenue for seeking justice and compensation through wrongful death claims. Below, we will explore the key aspects of Ohio wrongful death claims, helping you understand the process, rights, and potential remedies available to you during this difficult time.
1. Understanding Wrongful Death Claims in Ohio: Wrongful death occurs when a person's death is caused by the wrongful act, negligence, default, or breach of contract of another party. Ohio Revised Code Section 2125 governs wrongful death claims in. It allows the deceased person's surviving family members to file a lawsuit seeking compensation for their losses.
2. Eligibility to File a Wrongful Death Claim: In Ohio, the personal representative of the deceased person's estate must initiate the wrongful death claim. The personal representative is typically appointed by the court or designated in the deceased person's will. Surviving family members, including spouses, children, and parents, are potential beneficiaries entitled to recover damages in a wrongful death lawsuit.
3. Establishing Liability: To succeed in a wrongful death claim, the plaintiff must prove that the defendant's wrongful actions or negligence directly caused the death. This requires gathering evidence, witness testimony, expert opinions, and other relevant information to establish liability.
4. Recoverable Damages: In a wrongful death claim, eligible beneficiaries may seek various types of damages, including:
a. Economic Damages: This includes medical expenses, funeral and burial costs, loss of the deceased person's income, and future financial support.
b. Non-Economic Damages: Non-economic damages compensate for intangible losses, such as pain and suffering, loss of companionship, emotional distress, and the deceased person's lost guidance and consortium.
5. Statute of Limitations: It is important to be aware of Ohio's statute of limitations for filing a wrongful death claim. In most cases, the claim must be filed within two years from the date of the person's death. Failing to meet this deadline may result in the claim being barred.
6. Survival Actions: In addition to a wrongful death claim, Ohio law allows for a separate legal action called a survival claim. A survival claim seeks compensation for damages that the deceased person would have been entitled to recover had they survived. This includes pain and suffering endured by the deceased person before their death and other losses.
7. Importance of Legal Representation: Navigating the legal complexities of a wrongful death claim can be challenging, especially while grieving the loss of a loved one. Consulting with an experienced wrongful death attorney is crucial to protect your rights, build a strong case, and pursue the compensation you deserve. An attorney will guide you through the legal process, handle negotiations with insurance companies and defense counsel, and advocate on your behalf.
8. Compassionate Support and Closure: Wrongful death claims not only seek financial compensation but also provide an opportunity for closure and accountability. Holding the responsible party accountable can contribute to preventing similar incidents in the future and help bring a sense of justice and closure to the surviving family members.
Ohio wrongful death claims aim to provide a legal avenue for grieving families to seek justice, accountability, and compensation when their loved one's death was caused by negligence or wrongful actions. By understanding the process, engaging legal representation, and asserting your rights, you can navigate the complexities of a wrongful death claim and work towards obtaining the compensation and closure you deserve.
The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice. This information is not intended to provide, and receipt of it does not constitute, legal advice. Nor does the receipt of this material create an attorney/client relationship. An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.
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