When someone dies in an accident near Grove City, Ohio, what legal rights do their surviving family members have? If the death resulted from the wrongful actions of another party, they may have the right to pursue compensation through a wrongful death claim.
Of course, filing a claim cannot bring back the person you loved. Still, it can help to know that you held the person who caused their death accountable, and the compensation from a wrongful death claim can help you pay bills and stabilize your financial situation. A wrongful death lawyer serving Grove City can help you file your claim.
Oliver Law Office is just a 14-minute drive from Grove City. Our founder, Jami S. Oliver, is an award-winning lawyer who was voted 2024 Lawyer of the Year for Columbus, Ohio. We are happy to meet with you in person or by video call for your free case evaluation if that would be easier for you. Contact us today to get started.
Ohio law defines a wrongful death as any death caused by a wrongful act, neglect, or default that would have entitled the person who died to file a claim if they had not died. The person whose wrongful act caused the death is liable for your losses, and their estate is liable if they are no longer alive.
If a person commits a violent act that causes a wrongful death on someone else’s property, Ohio does not allow a wrongful death claim against the owner of the property except in cases of gross negligence.
Ohio does allow a wrongful death action for events that happened outside of Ohio, as long as the state or country where the death occurred has a wrongful death statute of its own. In that situation, the statute of limitations where the death occurred is used instead of Ohio’s statute.
A wrongful death claim is essentially the same as a personal injury claim, except that the person who was injured cannot file a claim themselves because they did not survive their injuries. Like a personal injury claim, a wrongful death claim hinges on the negligence or criminal behavior of the person you’re seeking compensation.
Some examples of wrongful death include:
A death caused by medical malpractice
A fatal traffic accident caused by negligence
A death caused by a defective product
A fatal workplace accident caused by inadequate training or bad equipment
A fatal slip-and-fall accident
A death resulting from a violent crime
In some states, the closest surviving family members have the right to file a wrongful death claim. In Ohio, only the personal representative of the deceased’s estate may do so. If you’re a close family member and you want to file a claim for wrongful death, you should have a meeting with the estate’s personal representative. This is another term for the estate’s executor, the person responsible for overseeing the division of assets and the reading of the will.
Even though family members may not be able to file the claim themselves, a wrongful death claim can benefit:
The surviving spouse
The children of the deceased
The parents of the deceased
Other next of kin
A parent who abandons their child cannot later benefit from a wrongful death claim on their behalf.
Some losses in a wrongful death claim are economic, such as the drop in household income caused by the sudden loss of a breadwinner. In this case, you can claim losses based on projected future income, not just current income. Your lawyer can calculate economic losses by simply adding up all your financial losses due to the death of your loved one.
Other losses are non-economic and more complicated to calculate. For example, if the person who died was your spouse, you’re entitled to compensation for loss of consortium, which means the loss of the marital relationship. If the person who died was your parent, you may be entitled to compensation for the loss of their guidance and instruction in life. Your lawyer will determine how much these losses may be worth.
Compensation you can pursue through a wrongful death claim might include:
Loss of financial support
Loss of services
Loss of companionship, guidance, instruction, and care
Loss of inheritance
Mental anguish
Most legal actions have a deadline outlined within the statute of limitations, after which it is no longer possible to file that action. In Ohio, the statute of limitations in a wrongful death case gives you just two years to file a lawsuit, precisely the same as a personal injury case.
However, even though the statute of limitations is the same in both types of case, the two-year countdown begins at a different time for each. In a personal injury case, you have two years from the date of the injury. In a wrongful death case, you have two years from the date of death.
If an injured person dies while in treatment for their injuries, the statute of limitations would reset to their date of death instead of the date of the injury. Even though they may have had grounds for a personal injury claim while they were still alive, their death converts it into a wrongful death claim.
Losing someone you love is one of the hardest experiences anyone can face in life. It’s even harder knowing that your grief was caused by someone’s negligent or careless behavior. Don’t let the person who caused your loved one’s death get away with it. Hold them accountable for their actions by filing a wrongful death claim.
Oliver Law Office understands how challenging this time is for you. When you select us to handle your wrongful death claim, we won’t treat it as just another case. We’ll listen to your story and show you the compassion you deserve in this tragic situation. We’ll investigate the facts of the case and get ready to open negotiations with the insurance company for a settlement. If the insurance company isn’t willing to offer a reasonable settlement, we’ll be prepared to go to trial.
If you’re wondering whether you can afford to hire a lawyer, the answer is yes. We handle wrongful death claims on a contingency basis, meaning we charge you nothing unless we recover compensation for your loss. When we negotiate a settlement or win a jury award at trial, we’ll collect a percentage as our fee. Until and unless that happens, you don’t need to pay us anything.
Do you have grounds to file a wrongful death claim? The easiest way to find out is to sit down with us and tell us about what happened. We’ll evaluate your case and let you know what your options are.
We’ll meet with you at our office, your home, or by video for a free case evaluation to provide the information you need to move forward. Our office is only 14 minutes away from Grove City. Contact us today to get started with your free consultation.
To reach our office at 140 E Town St #1100, Columbus, OH 43215:
From the North:
Take I-71 S towards Columbus
Take exit 108A for Main St
Turn right onto E Main St
Turn right onto S 4th St
Turn left onto E Town St
Destination will be on the left
From the South:
Take US-23 N towards Columbus
Turn right onto E Main St
Turn left onto S 4th St
Turn left onto E Town St
Destination will be on the left
From the East:
Take I-70 W towards Columbus
Take exit 102 to Cole St
Turn right onto Kelton Ave
Turn left onto Main St
Turn right onto 4th St
Turn left onto Town St
Destination will be on the right
From the West:
Take I-70 E towards Columbus
Take exit 100 B to W Livingston Ave
Turn left onto S. 4th Street
Turn left onto E Town St
Destination will be on the left
