The Complexities of Wrongful Death Claims in Ohio

If someone suffers an injury accident that was somebody else’s fault, they can file a personal injury claim seeking compensation for their injuries. But what happens when the victim dies from their injuries? After all, a dead person cannot file a lawsuit. Ohio has passed a wrongful death statute to deal with this situation.

Elements of an Ohio wrongful death claim

To win a wrongful death claim in Ohio, you must prove:

• The defendant owed a duty of care to the victim.
• The defendant breached their duty of care to the victim.
• The defendant’s breach of duty caused the victim’s death.
• The beneficiaries (family members, dependents, etc.) suffered damages as a consequence of the victim’s death.

You must prove these elements on a “preponderance of the evidence” (more likely than not) basis.

Damages in a wrongful death lawsuit

Damages for a wrongful death claim represent compensation for what close family members, dependents, and beneficiaries lost because of the victim’s death. They include:

• Loss of financial support.
• Loss of services, such as housework and childcare.
• Loss of the deceased person’s care, companionship, advice, guidance, counsel, instruction, or society.
• Loss of the inheritance the victim’s spouse or children might have received.
• Mental anguish suffered by the surviving family members.

These amounts can add up to a large sum because of the value that Ohio places on human life.

Common causes of wrongful death

Following are some of the most common causes of death among wrongful death victims:

• Car accidents
• Slip and fall accidents
• Medical malpractice
• Defective drugs
• Nursing home abuse
• Criminal acts (assault, for example)

The workers’ compensation system handles most work-related injuries and deaths, although exceptions exist when third parties are involved.

Who can file a wrongful death claim?

In many states, the victim’s close relatives can file a wrongful death lawsuit. In Ohio, however, it is the personal representative (executor) of the victim’s estate who must file the lawsuit. This person is usually a close relative of the victim. If the victim doesn’t name the personal representative in their will, a probate court can appoint one.

The statute of limitations

The general statute of limitations gives the personal representative two years from the victim’s date of death to file a wrongful death lawsuit. There may be statutory specific statutory reasons when the statute of limitations may be extended.

Whatever the deadline, you must either file a lawsuit or finalize a settlement by that date. Talk to a wrongful death lawyer about this.

The role of life expectancy

The victim’s life expectancy at the time of death is very relevant to the amount of damages a wrongful death lawsuit will yield. If relatives are compensated for the loss of financial support or household services, for example, how long would that support have continued if not for the victim’s death?

Wrongful death vs. survival actions

The survival action is a close cousin of the wrongful death action — similar but not quite the same. The purpose of a survival action is to compensate the victim’s estate for the amount that the victim could have received had they survived their injuries. Like a wrongful death action, the personal representative (executor) of the victim’s estate must file this action by the statute of limitations deadline.

Damages in a survival action

Damages in a survival action may include the following amounts:

• Medical expenses
• Pain and suffering (by the deceased victim)
• Lost income from the date of injury until the date of death
• Property damage

A court might include funeral and burial expenses if the estate paid them. If not, a court will add them to the damages payable in a wrongful death claim. Survival action damages can be zero, however, if the victim died instantly or was unconscious from the time of injury until the time of death. In any case, survival action damages go to the victim’s estate for eventual distribution to beneficiaries.

Have you lost a loved one to someone else’s misconduct? Talk to a wrongful death lawyer

If you have lost a loved one because of someone else’s carelessness or other misconduct, you might feel that justice demands a response. And we would agree with you 100%. Soroka & Associates are Columbus, Ohio wrongful death lawyers who have handled many wrongful death claims. Let’s fight for justice together. Don’t worry about money – you only pay attorney’s fees if we win your case.

Every case is different, and every client is different. Soroka & Associates, LLC possesses the knowledge, resources, and experience necessary to understand the unique complexities of your case and fight for maximum compensation. Contact us today.