Wrongful death statutes vary from state to state. In Ohio, statutes fall under Ohio Revised Statutes 2125. According to the code, wrongful death is described as a loss of life that has been caused by neglect or a wrongful act. If someone caused the death of another through one of these actions, they may be sued by a surviving loved one. In a way, it’s similar to a personal injury claim, only the injury led to death.
Time Limits Apply
Ohio law places a statute of limitations on wrongful death lawsuits. The loved ones of the deceased only have two years from the date of death to contact a lawyer and file a suit. Any who try to file such a case after the two years have passed may see the case dismissed in court, particularly if the other party’s lawyers point out that the time period to file has expired.
Who Can Sue for Wrongful Death?
The laws in Ohio make it clear that only certain people who are related to the deceased can file a wrongful death suit. Only the parents, a spouse, or children of the deceased are able to file. If any additional family members, such as brothers and sisters or even grandparents, want to recover damages in the suit, they must present their case to the court as a part of the suit. However, they cannot be the primary people in it. The same is true of corporations. They cannot file a wrongful death lawsuit either. Only a person has this ability.
Wrongful Death Suits and Damages
In order for damages to be awarded in a wrongful death case, the plaintiff must prove that they suffered a loss. There are numerous types of losses permitted in the state of Ohio. They include the loss of financial support that would have been provided by the deceased, as well as the loss of services that they handled for the family member. For example, yard work and child care fall into the services category. Additional losses, such as companionship and guidance, plus the potential inheritance that may have been left by the deceased to their children, are permissible as well. Mental anguish is also seen by the court as a loss. There may additional types of losses not mentioned here.
If you are the spouse, child, or parent of a loved one who died due to neglect or a wrongful act, then contact me today and I’ll Make Them Pay!®
DISCLAIMER “Please understand the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with a preponderance of the evidence.”