In Ohio, generally speaking, a “wrongful death” is a death caused by the wrongful act or negligence of another. The wrongful act or negligence provides the basis of liability in a civil lawsuit for damages. The act may be either intentional or unintentional. An example of a wrongful death is where someone negligently causes the death of another in a fatal car accident.
It is important to note that, as discussed below, a wrongful death action is on behalf of a decedent’s beneficiaries, as opposed to a survival claim, where a decedent’s estate may recover for injuries suffered by the decedent before his or her death.
Ohio Wrongful Death Lawsuit Brought by Beneficiaries
In Hamilton, Ohio, a wrongful death action is generally brought in the name of a personal representative of the decedent for the benefit of the surviving spouse, the children, the parents of the decedent, and the next of kin of the decedent. This is not to say that any money received by the representative is distributed equally to these parties; in some instances, the court will have the authority to adjust the share of each beneficiary.
Beneficiaries in a wrongful death action may be awarded “damages” including compensation for the following: - 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. Further, punitive damages may also be awarded if the defendant’s actions were particularly reprehensible.
With a few exceptions, generally a wrongful death action in Ohio must be commenced within two years after the decedent’s death.
The “wrongful act” or “negligence” provides the basis of liability in a civil lawsuit for damages. The act may be either intentional or unintentional.
The act may be either intentional or unintentional.
Regardless, the law firm of McKenzie & Snyder is skilled and up to date with the current state of the laws. Our attorneys have the skills required to create a strong wrongful death case and see it through.
During an emotional and difficult time, a wrongful death attorney can help you throughout the complicated legal process. The time after a death should be spent mourning with loved ones, not dealing with complicated legal issues. In order for your family to obtain full compensation after the untimely death of a loved one, it’s best to contact an experienced wrongful death attorney.
Wrongful death claims are complicated cases. It can get difficult for family members to understand the factors that should be considered in a settlement or what compensation will be allowed, especially while dealing with the natural process of mourning. Insurance companies can easily get away with taking advantage of the victims who do not have any legal representation. An experienced wrongful death attorney knows the value of your claim and will fight for your compensation.
As with most legal issues, you or a loved one should contact an attorney as soon as possible. Many things could happen during the time you were waiting to contact an attorney. The memories of witnesses could fade and evidence may disappear or become unreliable. In addition, 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, so you or a loved one should contact an attorney as soon as you can (O.R.C. 2125.02). It is best to contact a skilled attorney as soon as possible to both maximize your chance of a successful suit and to have the time you need to properly grieve.
A personal injury lawyer is very well suited to initiate the process of a wrongful death lawsuit and to see it through in court. The law firm of McKenzie & Snyder has the courtroom experience and the 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.
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