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Who Can File a Wrongful Death Lawsuit in Ohio?

By Cleveland Personal Injury Attorney on October 15, 2024

Losing a loved one due to someone else’s negligence or misconduct is devastating. Who can file a wrongful death lawsuit in Ohio is an important question for families seeking justice and compensation. Understanding who is eligible to take legal action ensures you can hold the responsible parties accountable and secure your family’s financial support.

Understanding Wrongful Death Lawsuits in Ohio

A wrongful death lawsuit is a legal action brought when someone’s death is caused by another party’s negligence or wrongful act. The primary objectives of a wrongful death lawsuit are to seek justice and provide financial compensation.

Seeking justice involves holding the responsible parties accountable for their actions. Meanwhile, financial compensation helps surviving family members manage the financial burdens caused by their loss, such as covering funeral expenses, medical bills, and lost income.

Who Is Eligible to File a Wrongful Death Lawsuit in Ohio?

In Ohio, wrongful death lawsuits are governed by the Ohio Revised Code (ORC) Section 2125.01. This law outlines who can file a wrongful death claim and the framework for seeking compensation. If you have lost a loved one and wonder about wrongful death lawsuit eligibility, understanding the law can help you understand your rights.

Primary Individuals Who Can File

  • Spouse: The surviving spouse of the deceased has the right to file a wrongful death lawsuit.
  • Children: Both biological and legally adopted children can file a claim for the loss of a parent.
  • Parents: If the deceased has no surviving spouse or children, the parents of the deceased are eligible to file a wrongful death lawsuit.

Secondary Individuals Who May Have the Right to File

  • Siblings: In cases with no immediate family members (spouse, children, or parents), siblings may be allowed to file a wrongful death lawsuit.
  • Other Close Family Members: In rare situations, other relatives, such as grandparents, may be permitted to file a wrongful death claim if no primary family members are eligible.

The Role of the Executor of the Estate in a Wrongful Death Case

An executor, also known as an administrator, is appointed to manage the deceased’s estate. In Ohio, the executor often initiates the wrongful death lawsuit on behalf of the surviving family members and the estate. When no immediate family members are available to file a wrongful death claim, the executor of the estate can take legal action. Essentially, the executor acts as a representative to ensure that the rights of the deceased’s beneficiaries are protected.

Any compensation awarded in a wrongful death lawsuit is distributed among the surviving family members and the estate. The court typically decides how to divide the damages based on factors such as the degree of dependency and the relationship to the deceased.

How to Determine If You Are Eligible to File a Wrongful Death Lawsuit in Ohio

In Ohio, the statute of limitations for wrongful death claims is typically two years from the date of death. Failing to file within this period can forfeit your right to compensation.

To determine eligibility for filing a wrongful death lawsuit, the relationship to the deceased is a crucial factor. Immediate family members, such as the spouse, children, and parents, are given priority when filing a claim. Additionally, the cause of death must be directly linked to negligence, wrongful conduct, or a breach of duty by another party.

Filing a wrongful death lawsuit can involve complications, such as:

  • Disputes over who can file: Conflicts may arise among family members regarding who has the right to file the lawsuit.
  • Proving negligence: It can be challenging to demonstrate that another party’s negligence caused the death if there isn’t solid evidence.
  • Time limits: Missing critical deadlines can result in losing the right to file a claim.

Common Types of Wrongful Death Cases in Ohio

Wrongful death cases can arise from various situations where negligence or misconduct leads to a fatality. Understanding these common types of wrongful death cases can help determine whether legal action is appropriate for your situation. Under Ohio law, wrongful death claims can arise from incidents such as:

  • Car accidents, or motor vehicle accidents, occur when a driver’s reckless behavior, such as speeding, impaired driving, or distracted driving, leads to a fatal crash. These accidents often result from violations of traffic laws or failure to exercise proper caution on the road.
  • Medical malpractice happens when a healthcare professional makes a serious mistake, such as a misdiagnosis, surgical error, or improper treatment, which causes the patient’s death. These cases can involve doctors, nurses, hospitals, or other medical providers who fail to meet the standard of care.
  • Workplace accidents involve fatalities caused by unsafe working conditions, inadequate safety measures, or failure to follow safety protocols. These accidents can occur in industries such as construction, manufacturing, and mining, where the risk of injury is higher.
  • Product liability cases arise when a defective or dangerous product causes a fatal injury. Such cases can include malfunctioning machinery, unsafe pharmaceuticals, or faulty consumer goods that fail to meet safety standards and result in a tragic loss.

Why You Should Consult an Experienced Ohio Wrongful Death Attorney

Wrongful death cases are complex and emotionally taxing. An experienced Ohio wrongful death lawyer can navigate the legal process, gather evidence, and advocate for your family’s rights. More specifically, a skilled attorney can:

  • Prove negligence, which means they’re skilled in building a strong case by collecting evidence and professional testimony.
  • Maximize compensation to ensure you receive full compensation for your loss, including medical costs, funeral expenses, and lost income.
  • Handle legal complications, such as addressing disputes over eligibility, negligence, and distribution of compensation.

Moreover, many wrongful death lawyers offer free consultations and work on a contingency fee basis, meaning you pay no legal fees unless you win your case.

Take Action: Know Your Rights in Filing a Wrongful Death Lawsuit in Ohio

If you believe you can file a wrongful death lawsuit, don’t wait to contact a skilled Cleveland wrongful death lawyer today for a free consultation. Understanding your legal options can help secure the compensation your family deserves during this difficult time. Contact George Mineff, Jr., Attorney at Law, at (216) 621-3930 to discuss your case and protect your family’s rights.

Posted in: Wrongful Death

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