Losing a family member in a car accident is a devastating experience. While no amount of money can replace your loved one, Ohio law provides a mechanism for surviving family members to seek financial stability and justice. This is known as a wrongful death claim.
What is a Wrongful Death Claim in Ohio?
Under Ohio Revised Code Chapter 2125, a wrongful death occurs when a person's death is caused by the wrongful act, neglect, or default of another. If the deceased person would have been entitled to file a personal injury lawsuit had they survived, their family can file a wrongful death lawsuit.
A wrongful death claim is a civil action, entirely separate from any criminal charges the at-fault driver may face. The goal of a civil claim is to provide financial compensation to the surviving family members for their losses.
Who Can File a Wrongful Death Lawsuit?
In Ohio, a wrongful death lawsuit must be filed by the personal representative (executor or administrator) of the deceased person's estate. This person is usually named in the deceased's will. If there is no will, the probate court will appoint a representative, typically a close family member.
While the representative files the lawsuit, the claim is brought for the exclusive benefit of the surviving spouse, children, and parents of the deceased. Other next of kin may also be eligible to recover damages if they can prove they suffered a compensable loss.
Damages Available in an Ohio Wrongful Death Case
The damages awarded in a wrongful death case are intended to compensate the family for both financial and emotional losses. Under Ohio law, recoverable damages include:
- Loss of Support: The earning capacity of the deceased, including the income they would have provided to the family over their expected lifetime.
- Loss of Services: The value of the services the deceased provided, such as childcare, household chores, and maintenance.
- Loss of Society: Compensation for the loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education.
- Loss of Prospective Inheritance: The wealth the deceased would have accumulated and left to their heirs.
- Mental Anguish: Compensation for the grief and emotional suffering experienced by the surviving family members.
In addition to the wrongful death claim, the estate may also bring a "survival action" to recover damages suffered by the deceased between the time of the accident and the time of death, such as medical expenses and conscious pain and suffering.
The Statute of Limitations for Wrongful Death
The statute of limitations for filing a wrongful death lawsuit in Ohio is strictly enforced. Under O.R.C. Section 2125.02, the lawsuit must generally be filed within two years from the date of the deceased person's death.
Failing to file within this two-year window will result in the permanent loss of the right to seek compensation. It is critical to consult with an attorney as soon as possible to ensure all deadlines are met and evidence is preserved.
The Importance of Compassionate Legal Representation
Handling a wrongful death claim requires both aggressive legal advocacy and deep compassion for the grieving family. The insurance company will attempt to minimize the value of your loved one's life and shift blame for the accident.
An experienced wrongful death attorney will handle all aspects of the legal process, from opening the estate in probate court to negotiating with the insurance company and preparing the case for trial. This allows the family to focus on healing and honoring their loved one's memory.
Seeking Justice for Your Loved One
If you have lost a family member in a fatal car accident in Ohio, you do not have to navigate the legal system alone. We are here to provide the support and aggressive representation you need.
Contact Ryan Injury Attorneys today for a free, confidential consultation. We will listen to your story, explain your legal options, and fight tirelessly to secure the justice and financial stability your family deserves.