Normally, when a person sustains an injury in an accident caused by someone else, they can file a claim against the responsible party to recover damages. When a person dies from an injury, then the deceased’s surviving heirs may be able to file a wrongful death claim for compensation.
If one of your family members or loved ones has died due to someone else’s negligence or misconduct, contact Oliver Law Office today. You may be eligible to bring a wrongful death action against the party to recover your losses. Losing a loved one is one of the most difficult circumstances a person can manage, so let us help you recover financial compensation so you can focus on moving forward.
Contact our offices today to speak to a wrongful death attorney serving Marion.
Ohio law defines wrongful death as a death that occurs through a wrongful act or neglect where the deceased would have been able to sue for compensation if they were still alive. According to this rule, a representative from the deceased’s estate can make a wrongful death claim against responsible parties to recover compensation.
One way to think about a wrongful death claim is as a personal injury claim the deceased would have filed if they had survived their injuries. The main difference is that wrongful death actions address the losses of the deceased’s survivors, not necessarily their own.
Wrongful death actions cover a broad range of both intentional and negligent actions. In this context, intentional action typically means things like assault or murder. Negligence, in contrast, means the opposing party did not intentionally cause the death, but their irresponsible behavior led to it.
Wrongful death claims in Ohio can arise from these kinds of accidents:
Car, truck, and motorcycle accident
Slip and fall accidents
Pedestrian accidents
Medical malpractice
Burn injuries
Worksite accidents
Premises liability
Defective products
Nursing home neglect or abuse
Dog bites and animal attacks
Birthing injuries
In Ohio, a personal representative of the deceased’s estate is the only party that can initiate a wrongful death action for the benefit of the deceased’s spouse, children, and parents. Generally, the personal representative for the deceased is also one of these parties, though the state can assign a representative if necessary. Ultimately, it depends on whether the deceased has named a representative in their will.
Eligibility for filing wrongful death claims can be tricky to determine, especially if the deceased had a complex estate. A wrongful death attorney can determine whether you are eligible to file a claim and initiate the process for you.
The time limit for filing a wrongful death claim in the state of Ohio is two years after the death occurred. Ohio law extends this statute of limitations to ten years in the case of wrongful death actions due to defective products. In the case of a product liability wrongful death claim, the statute starts counting from the day the product entered the consumer’s hands.
If you file your lawsuit after the statutory period lapses, you will lose your ability to recover damages in court, so it’s in your best interest to start as soon as possible.
Compensation in a wrongful death claim typically includes money to pay for various expenses related to the deceased’s death, such as final hospital bills, funerals, and burial costs. Additionally, a wrongful death action may allow you to recover compensation for:
Loss of financial support due to losing the household’s primary income-earner
Loss of the deceased’s future earnings
Loss of childcare services the deceased would have provided
Loss of benefits the deceased would have paid for (e.g., health insurance, life insurance, retirement benefits, etc.)
Mental anguish and suffering
Loss of companionship or consortium
Ohio law does not cap the amount of economic or non-economic compensation in wrongful death claims. This is different from most other personal injury cases in which Ohio does cap the amount of non-economic damages one can recover.
The presence of a life insurance policy does not affect a wrongful death settlement. Entities make decisions about wrongful death settlements without consideration for life insurance policies. In other words, you can receive money from both a life insurance settlement and a wrongful death settlement.
There are few things in the world as devastating as losing a loved one. Not only does it rob you of their companionship and presence, but death can immensely impact your finances and living standards. Oliver Law Office is here to offer the critical legal and emotional support you need during your darkest hours.
We have an established track record of bringing successful wrongful death actions and have received several awards for our legal services. Our client-focused approach puts your interests first, and we will work tirelessly to hold responsible parties accountable for their actions. We know we cannot bring back your loved one, but we can pursue compensation so you have the financial stability you need to manage.
In our 20+ years of practice, we have forged a reputation as fierce advocates for the injured and their families. We believe the law exists to protect people from those who do them harm, and we will not rest until we have exhausted every avenue to balance the scales of justice and make you whole again.
If you would like a case consultation with a wrongful death attorney serving Marion, contact Oliver Law Office online or call (614) 220-9100 today. We offer both in-home and virtual consultations, so we can always find a time and a way to meet with you.
Our office is located at 7240 Muirfield Dr., Suite 120, Dublin. Use these directions to find us.
From the North:
Start on I-270 West.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
From the South:
Start on I-270 North.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
From the East:
Start on I-270 West.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
From the West:
Start on I-270 East.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
