Ohio Wrongful Death Attorneys
What you need to know. If your loved-one was killed as a result of another’s mistake or neglect your deceased loved-one’s family might have a claim for wrongful death. Wrongful death claims apply in situations such as a loved on being killed as a result of motor vehicle accidents, medical negligence, nursing home negligence, civil rights violations, negligence, product liability, and intentional torts. Ohio’s wrongful death statute O.R.C. 2125.01 states that one may bring a wrongful death claim “when the death of a person is caused by wrongful act, neglect, or default” of another. Ohio law limits the parties to such a claim to spouses and family members. You must file a claim for wrongful death and survivorship within two years of the date of the decedent’s death. See O.R.C. 2125.02. Wrongful death claims are the most heart-wrenching claims we bring on behalf of our clients. There is nothing worse than losing a loved-one as the result of someone else’s mistake or neglect. Though we cannot undo another’s mistake, we can seek fair compensation for their families, and we can seek to prevent further such deaths from occurring. Survivorship claims are claims brought on behalf of the decedent for his or her conscious pain and suffering for the event leading directly to their death. The claim is brought by the estate. More often than not families file both a wrongful death action and a survivorship action. The probate court must be involved when a claim for wrongful death and survivorship is settled even if a lawsuit is never filed.
What you should do if your loved-one was killed as a result of another’s mistake or neglect?
Talk to an attorney about the circumstances surrounding your loved-one’s death. Multiple claims might apply to the circumstances surrounding your loved-one’s death and each requires careful consideration. You need to act quickly as necessary evidence may become lost and it may be difficult to locate key witnesses the longer the investigation is delayed. Even though you may have two years from the date of death to bring this claim, you should not wait that long to investigate your legal rights. In this difficult time, you need effective, experienced attorneys. Our office has the experience necessary to effectively represent your deceased loved-one and his or her family.