In Ohio, generally speaking, wrongful death is defined as a death caused by a wrongful act or the negligence of another. The act or carelessness provides the basis of liability in a civil lawsuit or action for damages. The act can be either intentional or unintentional. An example of a wrongful death is where someone negligently causes the death of another in a catastrophic car accident.
The lawsuit or action is generally brought on behalf of the decedent’s beneficiaries. This is not to be confused with a survival claim, where a decedent’s estate can recover for injuries suffered by a decedent before death.
Cincinnati Fatal Car Accident Action on Behalf of Beneficiaries
In Ohio, a wrongful death action is usually brought in the name of a personal representative of the decedent for the benefit of such persons as the surviving spouse, the children, the parents of the decedent, and the next of kin. The monetary recovery is not necessarily distributed equally to these parties; in some instances, the court has the authority to adjust the share of each beneficiary.
Monetary Recovery for Cincinnati Wrongful Death Lawsuit
Beneficiaries in a wrongful death action may be awarded money “damages” including compensation for the following: loss of support from the earning capacity of the decedent; loss of services; loss of the “society” of the decedent, including loss of companionship, consortium, care, and guidance; loss of prospective inheritance; and mental suffering. Other damages include funeral and burial expenses. Finally, punitive damages may also be awarded if the defendant’s actions were particularly reprehensible.
When does a Cincinnati wrongful death lawsuit need to be filed?
With a few exceptions, generally a wrongful death action in Ohio must be commenced within two years after the decedent’s death.
Contact an experienced attorney at McKenzie & Snyder LLP to discuss your legal options. We represent individuals with personal injury and workers’ compensation claims in Hamilton, Fairfield, Mt Healthy, Finneytown, Colerain, Forest Park, Lebanon, Cheviot, Ross, Monroe, Dayton, Springfield, Fairborn, Reading, West Chester, Batavia, Amelia, Roselawn, Loveland and more.
“We don’t get paid until You get paid!”
Written by Andrew Tobergte