Losing a family member to a tragic and unexpected accident is never a situation that anybody should have to deal with. However, when a tragedy like this happens due to negligence of others, filing wrongful death claims in Ohio can ensure that those liable for this type of tragedy are held financially. Knowing Understanding facts about wrongful death claims and how compassionate attorneys in Cincinnati work with you during this delicate time can help you cope during a difficult time.
Facts about Wrongful Death Claims in Ohio
In the State of Ohio, section 2125 of the Ohio Revised Statutes clearly articulates that a wrongful death is caused by the neglect, wrongful act or default of another individual resulting in fatality. This type of legal claim, filed in civil court in Ohio is able to be filed if the above wrongful act would have resulted in death; making the ability to file personal injury claims by the deceased not possible. Instead, the State of Ohio dictates that other parties associated to the deceased have a legal right to file wrongful death claims in Ohio on behalf of their estate.
Who is Able to File an Ohio Wrongful Death Lawsuit?
According to the State of Ohio Statute, only a designated 'personal representative' of the estate of the deceased individual may introduce a wrongful death claim to the court system. The claim may seek financial damages on behalf of the deceased individual's estate and surviving family members in some cases. Typically, an experienced wrongful death attorney in Ohio is retained to introduce this type of civil action on behalf of an estate. The State of Ohio also provides
Ohio law states that the family members who are eligible to receive compensation for wrongful death cases include the surviving spouse, children (including those adopted) and the parents of the deceased. Other members of the family such as siblings are traditionally permitted, however if they can demonstrate to the Ohio court that they have suffered compensable losses; they may be entitled to compensation.
How to Begin the Process of Filing Wrongful Death Claims in Ohio
The State of Ohio provides a two year window of opportunity to file this type of civil lawsuit. Understanding this statute of limitation, the path to filing a wrongful death claim in Ohio begins by seeking the advice of an experienced litigator who can act on your family's behalf. A passionate Cincinnati personal injury lawyer with extensive experience in filing these types of claims will help you understand this delicate process and work with you to ensure the estate is compensated justly after the loss of a beloved family member.