When a person is injured due to someone else’s negligence, it’s not just that person who is affected, that person’s entire family is affected. When a negligent act results in death, the devastating effects to the family can last for generations.
As a personal injury lawyer, people come to me looking for answers when they’ve lost a loved one, and their lives are turned upside down. Sometimes it’s a woman who lost her spouse, and without him, she can’t support her family; or maybe a child lost his only parent and can’t even afford the funeral expenses.
Thankfully, the wrongful death law in Ohio recognizes how difficult this can be and provides compensation for families who have suffered the loss of a loved one due to the negligence of another.
In Ohio, surviving family members can sue for wrongful death when a loved one dies as a result of someone else’s negligence.
The term “surviving family members” usually refers to the victim’s immediate family: spouses, children, or parents. When there is no surviving spouse, child, or parent, a sibling of the victim may recover for wrongful death depending on the circumstances.
Under Ohio wrongful death law, a personal representative of the victim is appointed by the State, and that appointed representative files the lawsuit for wrongful death on behalf of any and all beneficiaries.
The purpose of a wrongful death claim is to compensate surviving family members for the injuries they suffered as a result of the victim’s death, both economically and emotionally. Wrongful death claims do not take into account the damages suffered by the victim.
To sue for Wrongful Death in Ohio, surviving family members must prove the following:
- The victim’s death was caused by someone else’s negligence.
- If the victim survived, he or she would have been entitled to compensation due to the negligent act.
- The existence of surviving family members/beneficiaries.
- The victim’s death resulted in monetary damage to the surviving family members.
If you are the surviving family member of a loved one who died as a result of someone else’s negligence, you need to call me immediately at 1 (800) 556-4769.
Author: Tim Misny | For 33 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 & Cincinnati, Ohio.” You can reach Tim by email at email@example.com.