What is Wrongful Death

Defining Wrongful Death

In Ohio, a "wrongful death" is generally a death caused by another's wrongful act or negligence. This wrongful act or negligence forms the basis of liability in a civil lawsuit for damages. The act can be either intentional or unintentional.

The act may be either intentional or unintentional.

For example, if someone negligently causes another's death in a fatal car accident, this would be considered a wrongful death.

Beneficiaries in a Wrongful Death Claim

A wrongful death action is brought on behalf of a decedent’s beneficiaries. This differs from a survival claim, where a decedent’s estate may recover for injuries suffered by the decedent before their death. In Hamilton, Ohio, a wrongful death action is typically brought in the name of the decedent's personal representative. This is for the benefit of the surviving spouse, children, parents, and next of kin. The money received by the representative is not always distributed equally; in some cases, the court has the authority to adjust each beneficiary's share.

Recoverable Damages in Lawsuits

Beneficiaries in a wrongful death action may be awarded "damages." These damages include compensation for various losses.

Types of Compensation

• Loss of support from the reasonably expected earning capacity of the decedent;
• Loss of services of the decedent;
• Loss of the “society” of the decedent, including:
  • Loss of companionship,
  • Consortium,
  • Care,
  • And guidance;
• Loss of prospective inheritance;
• And mental anguish.

Other recoverable damages include reasonable funeral and burial expenses. Punitive damages may also be awarded if the defendant’s actions were particularly reprehensible.

Statute of Limitations

Generally, a wrongful death action in Ohio must be started within two years after the decedent’s death. There are a few exceptions to this rule.

Importance of Prompt Action

The law firm of McKenzie & Snyder is skilled and up-to-date with current state laws. Our attorneys have the skills required to create a strong wrongful death case and see it through.

Why Hire a Wrongful Death Attorney?

During an emotional and difficult time, a wrongful death attorney can help you navigate the complicated legal process. The period after a death should be spent mourning with loved ones, not dealing with complex legal issues. To ensure your family obtains full compensation after the untimely death of a loved one, it is best to contact an experienced wrongful death attorney.

Complexity of Claims

Wrongful death claims are complicated cases. It can be difficult for family members to understand the factors that should be considered in a settlement or what compensation will be allowed, especially while grieving. Insurance companies can easily take advantage of victims who do not have legal representation. An experienced wrongful death attorney knows the value of your claim and will fight for your compensation.

When to Contact an Attorney

As with most legal issues, you or a loved one should contact an attorney as soon as possible. Delays can lead to several problems. The memories of witnesses could fade, and evidence may disappear or become unreliable.

Ohio's Time Limits

The Ohio Revised Code sets limitations on filing a wrongful death suit. The typical statute of limitations for a wrongful death case is only two years after the individual’s death (O.R.C. 2125.02). It is best to contact a skilled attorney as soon as possible to maximize your chance of a successful suit and to allow yourself time to properly grieve.

Choosing the Right Attorney

A personal injury lawyer is well-suited to initiate and see a wrongful death lawsuit through in court. The law firm of McKenzie & Snyder has the courtroom experience and litigation strengths to confidently represent your case. Contact an experienced attorney at McKenzie & Snyder LLP to discuss your legal options. Andrew R. Tobergte is a wrongful death attorney at the personal injury law firm of McKenzie & Snyder LLP, at 229 Dayton St., Hamilton, OH 45011. Phone: (513) 737-5180.