The loss of a loved one, especially when it's sudden, is difficult. When the family member's passing could have been prevented, their kin can hold the responsible parties accountable through a wrongful death suit. It can ease the financial burden placed on the family and provide you with an opportunity to receive closure and the help you need following the incident.
How Does Ohio Handle Wrongful Death Cases?
What if an individual passes away during a personal injury case?
When someone gets hurt due to another's negligence, the responsible party is held accountable through a personal injury claim. In some situations, the injuries may lead to the individual passing before the case is resolved. If that occurs, the person's heirs may recover damages through filing a wrongful death claim.
If the individual passes due to an incident unrelated to the personal injury, their survivors may still receive damages from the initial claim.
Who can file a wrongful death claim?
In Ohio, family members who have experienced the loss most acutely can file a wrongful death claim. These members include the surviving spouse, children, and parents.
Siblings, grandparents, and other family members can recover damages if they provide demonstrable proof that they sustained a compensatable loss from the individual's passing.
What if the individual lost was an unborn fetus?
A personal injury or medical malpractice may cause a miscarriage or stillbirth. Sometimes, while under hospital care, the neglect of medical staff may cause a newborn's loss. Ohio parents can seek damages from the responsible parties through a wrongful death claim.
What is the statute of limitations?
In general, Ohio allows an individual's survivors to file a wrongful death claim up to two years from the person's passing date. The court dismisses most cases filed after that time. However, given that every case is different, there may be factors that can alter the statute of limitations. It's best to consult an attorney as early as possible to understand how these parameters may affect your case.
What are the recoverable damages?
Had the individual lived, the court may award the survivors with an amount of money the deceased reasonably would have made during their lifetime. Damages also include the loss of services and the loss of companionship. Their children may be entitled to loss of prospective inheritance damages. Of course, the surviving family members are entitled to damages for the emotional strain and anguish.
Holding those responsible for a loved one's wrongful death can provide you with the peace of mind you deserve. For over 70 years, the attorneys at Miraldi & Barrett Co., LPA, have given their clients compassionate assistance when it’s needed most. Their strategies are customized to the specifics of every case to improve the chances of success. In turn, they also aggressively pursue the negligent parties, so that justice can be done. For more information on their practice areas, visit their website. If you’re in the Lorain, OH, area, you can schedule a free consultation at (440) 233-1100.
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