Losing a loved one is always a challenging experience, and it can be particularly traumatic if someone else’s negligence contributed to their death. Surviving family members often wonder what their options are for holding the negligent party accountable, and one way is through a wrongful death lawsuit. By filing a lawsuit against the negligent party, family members can recover compensation for the loss of their loved one.
If you believe someone’s negligent actions contributed to your loved one’s death in Circleville, Ohio, contact Oliver Law Office for a free case evaluation. One of our experienced wrongful death attorneys will review your case, explain your options for seeking compensation, and walk you through what to expect from the legal process.
A wrongful death is a death caused by someone else’s negligent or intentional actions. A wrongful death lawsuit is a lawsuit filed on behalf of the deceased’s surviving family members and seeks to compensate them for their loss. Notably, while wrongful deaths arise from the same types of incidents as personal injuries, a wrongful death lawsuit is distinct from a personal injury lawsuit and seeks different damages.
Some examples of situations that can lead to a wrongful death lawsuit include:
In Ohio, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. However, they typically do so on behalf of the deceased’s surviving family members, including:
The spouse, children, and parents of the deceased are presumed to have suffered losses caused by the wrongful death due to their close relationship. Other relatives, such as the siblings or grandparents of the deceased, can also seek compensation through the lawsuit but must prove that they suffered losses. For example, a sibling may be able to show that they were dependent on the deceased due to a disability.
The compensation surviving family members can seek through a wrongful death lawsuit includes:
Compensation for medical, funeral, and burial expenses typically goes to the deceased’s estate to pay for those services. The other compensation goes to the surviving family members.
The amount of compensation family members receive from the wrongful death lawsuit depends on their relation to the deceased and the losses they suffered. In general, the surviving spouse receives the most significant portion of compensation, followed by dependent children and the deceased’s parents.
If the beneficiaries are equally related to the deceased, such as multiple children or siblings, they can determine how to split their compensation. For example, by default, all children would receive the same percentage of compensation. However, the children may determine that one should receive a higher percentage than the others based on their circumstances.
For beneficiaries under 25, the court can create a trust to hold their compensation until they reach 25. This can prevent the beneficiary from burning through their compensation or being taken advantage of by bad actors.
The deadline for filing a wrongful death lawsuit in Ohio is two years after the date of death, not the date of the incident that caused it. For example, if your loved one was in a serious car accident and succumbed to their injuries a week later, the time limit would begin counting down from the date of their death.
If you fail to file your lawsuit within this deadline, you may lose your right to seek compensation for your loss. For this reason, you should begin working with a wrongful death lawyer as soon as possible. Getting started on your case sooner rather than later will also make it easier for your lawyer to collect supporting evidence.
Did someone else’s negligence contribute to your loved one’s death? Contact Oliver Law Office for a free consultation with an experienced wrongful death lawyer serving Circleville. During your initial case review, we’ll go over your options for recovery and the types of compensation you can seek.
Use the directions below to reach our law office in Dublin, Ohio, located 45 minutes away from Circleville. If you cannot get to our office, our attorneys will travel to meet with you or arrange a video call.
From the North:
Take US-33 W toward Dublin. Exit at Post Rd and turn left. Continue on Post Rd and turn right onto Muirfield Dr. Proceed to 7240 Muirfield Dr, Suite 120, which will be on your left.
From the South:
Take I-270 N toward Dublin. Exit at US-33 W toward Marysville. Take the Post Rd exit and turn right. Continue on Post Rd and turn right onto Muirfield Dr. Proceed to 7240 Muirfield Dr, Suite 120, which will be on your left.
From the East:
Take I-270 W toward Dublin. Exit at US-33 W toward Marysville. Take the Post Rd exit and turn right. Continue on Post Rd and turn right onto Muirfield Dr. Proceed to 7240 Muirfield Dr, Suite 120, which will be on your left.
From the West:
Take US-33 E toward Dublin. Exit at Post Rd and turn right. Continue on Post Rd and turn right onto Muirfield Dr. Proceed to 7240 Muirfield Dr, Suite 120, which will be on your left.
