Understanding the legalities of personal injury claims can be tricky, especially when it comes to filing a wrongful death claim. In legal terms, a wrongful death claim is defined as “a person’s death caused by the neglect, wrongful act, or default of another”.
If a loved one recently passed away and negligence may have played a part in that person’s death, how can a family determine if the negligent party can be held accountable?
There are several types of wrongful death causes, but the best way to determine if a claim can be filed is to contact a wrongful death attorney.
Here are 4 different areas that a wrongful death claim may be plausible for:
- Motor vehicle accidents. If a family member was killed in a car or trucking accident by a negligent driver, there may be grounds to pursue a wrongful death claim against that driver.
- Pedestrian accidents. These incidents can range from pedestrians crossing in a crosswalk, bicyclists, or tending to a disabled roadside vehicle. If a pedestrian is struck and killed by a motorist, that motorist may be liable for the person’s death.
- Medical malpractice. This can vary from a surgical error, lack of treatment, misdiagnosis, or negligence care by a medical professional leading to a death.
- Workplace accidents. In 2014 and 2015 there were approximately 180 workplace fatalities in the state of Ohio. In some cases, a worker’s death may be due to negligence in the workplace.
The loss of a loved one is an emotional experience, especially if that loss was potentially caused by another person’s negligence such as the previously mentioned conditions. The last thing any family member wants to think about is filing a lawsuit, but it is important to understand the statute of limitations for these claims.
In the state of Ohio, the decedent’s family has two years from the date of death to file a wrongful death suit.
If you are unsure about the process of filing a claim, whether you have a case or not, or if a possible case is still within statute, do not hesitate to contact an experienced attorney. Call me today for a free consultation.
Author: Tim Misny | For more than 34 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (800) 556-4769.