The death of a loved one is a tragic and overwhelming emotional experience, especially when someone else’s negligent or intentional actions are the cause. While a wrongful death claim can’t bring your loved one back, it can ease the financial burden you and your family face following the death.
If you lost a loved one and want to demand accountability and compensation, contact Oliver Law Office for a consultation with a wrongful death attorney serving Mansfield, Ohio. Our Columbus office is an hour away by car, and we are also happy to meet with you over video or wherever is convenient for you. During your case review, we will listen to your story, advise you on your rights and options, and tell you whether we can pursue the justice and money you deserve. Don’t delay—reach out today.
A wrongful death claim is a legal action arising from a death caused by another party’s wrongful act, carelessness, or other legal fault. The purpose of wrongful death claims is to compensate surviving family members for the loss of their loved ones by holding the at-fault party financially liable for the death.
Examples of acts leading to wrongful death claims include if your loved one was a victim of:
A car accident, such as one caused by a distracted driver
A violent crime, such as an assault
A defective product, such as a faulty ladder
If the person who caused your loved one’s death also dies before you’re able to file or conclude your claim against them, your claim can go forward against their estate.
In Ohio, the only person who can file a wrongful death claim is the personal representative, sometimes called an executor or administrator, of the deceased’s estate. However, the personal representative files the claim on behalf of the beneficiaries, which include the deceased’s spouse, children, and parents.
The personal representative typically files the claim with the assistance of a wrongful death attorney whose responsibilities include:
Investigating the death to identify all liable parties
Calculating what fair compensation for surviving family members should entail
Making sure the personal representative files the claim within the statute of limitations
Negotiating with insurance companies on behalf of the family
Litigating the case if the insurance company refuses to offer a fair settlement
Providing general legal advice to the personal representative and family members
After a settlement or trial award, the court or the beneficiaries will determine how to distribute the compensation depending on their relationship with the deceased. If the beneficiaries share the same relationship with the deceased—such as if the deceased only has children and no surviving spouse or parents—they can determine how to distribute the compensation.
If the beneficiaries have different relationships with the deceased, such as a spouse and children, the court will distribute the compensation based on what it deems equitable. Often, this means the spouse will receive a larger portion of the compensation than the other beneficiaries because the death directly impacts their financial situation the most.
The court may create a trust for beneficiaries under 25 years old to place their portion of the compensation in. Upon turning 25, the children will gain full access to any compensation within the trust.
Family members can seek various damages for the loss of their loved one, including:
Medical Expenses – This compensation is for covering the medical bills the deceased incurred due to their fatal injuries. Medical expenses may include surgeries, hospital stays, prescription medications, and other medical treatments.
Funeral and Burial Costs – These are the most basic damages sought in all wrongful death claims.
Loss of Support – This compensation is for the expected earning capacity of the deceased that the family lost due to their death. The compensation received for loss of support varies depending on the deceased’s occupation, age, and health at the time of the incident.
Loss of Services – This compensation is for the household services the deceased performed that their family will now have to pay someone else to perform, such as yard work or childcare.
Loss of Society of the Decedent – This compensation includes the loss of companionship, consortium, care, guidance, and other services the deceased provided to their family members.
Loss of Prospective Inheritance – This compensation covers the impact of the death on the inheritance the deceased heirs could have expected.
Mental Anguish – This compensation covers the mental anguish the surviving family members suffer as a result of their loved one’s death.
Calculating your damages after a wrongful death can be challenging. However, an experienced wrongful death attorney can assist by gathering financial records, medical bills, and other documents on which to base the calculation.
In Ohio, the statute of limitations for filing a wrongful death claim is two years. This means you have two years from the date of your loved one’s death to file your claim. Failing to file your claim within this period could result in the courts barring you from seeking compensation.
If you only later learned that someone else caused your loved one’s death, or you didn’t immediately know the at-fault party’s identity, the statute of limitations may not begin until you know or reasonably should have known who caused their death.
For example, if your loved one died after a hit-and-run accident and it takes the police three months to identify the perpetrator, the statute of limitations for your claim may not begin until that point. An experienced wrongful death attorney can help you determine if a delayed statute of limitations applies to your case.
If your loved one died in Richland County, Ohio, and someone else is to blame, it’s essential that you consult with a wrongful death attorney early on to protect your right to compensation. At Oliver Law Office, our compassionate wrongful death attorneys are here to make the legal process easier for grieving families like yours. Our attorneys will travel to meet with you or set up a video call if you’d prefer to stay in the comfort of your home during your consultation.
You don’t have to confront the aftermath of a loved one’s death alone. Contact our law office today to schedule your consultation.
Follow the directions below to reach our Columbus law office from anywhere in the state. Or, give us a call, and one of our attorneys will come to you.
From the North:
Take I-71 S toward 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
The destination will be on the left
From the South:
Take US-23 N toward Columbus
Turn right onto E Main St
Turn left onto S 4th St
Turn left onto E Town St
The destination will be on the left
From the East:
Take I-70 W toward 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
The destination will be on the right
From the West:
Take I-70 E toward Columbus
Take exit 100 B to W Livingston Ave
Turn left onto S. 4th Street
Turn left onto E Town St
The destination will be on the left
