I can’t tell you how many times, in my 33 years of working as a personal injury lawyer, I’ve had to tell someone, who had a legitimate case, I couldn’t help them because too much time had passed. I have found that this happens even more frequently for wrongful death cases.
I always ask them, “Why didn’t you call me sooner?” They often say, especially when they have lost a loved one, that it was because they were trying to get the estate in order, or they were still processing what happened and were not quite ready to make the call. Unfortunately, you can’t wait.
The statute of limitations for Wrongful Death in Ohio is two years from the date of the victim’s death.
The statute of limitations is a law, determined by the state, that defines the specific amount of time someone has to bring a claim. If the statute of limitations has passed, you are barred from pursuing your case, and there is nothing I can do.
Like most rules, there are some exceptions to the two-year statute of limitations for Wrongful Death in Ohio. One exception is called the discovery rule. The discovery rule allows family members to pursue a wrongful death claim outside of the two-year statute if the family did not know the victim’s death was caused by the negligence of another until after the two-year time limit was up.
In Ohio, when wrongful death is the result of medical malpractice, the two-year statute of limitations still applies, even though medical malpractice claims usually have a one-year time limit.
Wrongful death cases are complex cases, and they get complicated very quickly. With these rules and exceptions, It is so important that you call me right away. Remember, you don’t have to do this alone, I can help you navigate the legal process.
If your loved one was a victim of someone else’s negligence. You can’t wait. Call me immediately at 1 (877) 944-4373.
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 firstname.lastname@example.org or call at 1 (877) 944-4373