Do You Have a Valid Wrongful Death Claim in Ohio?

Dec 23, 2020 Car Accidents    Wrongful Death

When there’s a sudden death of a loved one, your shock and grief may feel overwhelming as you try to handle funeral arrangements and adjust to life without them. If someone else’s negligence caused your loss, you might wonder if there’s a legitimate wrongful death claim to compensate you and your family.

The Ohio wrongful death lawyers at Kisling, Nestico & Redick can explain your right to compensation. We have assisted many clients like you who weren’t sure of their legal options after a loved one’s accidental death. We know money won’t ease your grief, but it can help lessen your financial stress so that you can cope with this tragedy.

Contact KNR at 1-800-HURT-NOW for a free consultation regarding a possible wrongful death claim.

What Is a Wrongful Death Claim?

Under Ohio law, a successful wrongful death action requires the following:

  • Defendant owed the deceased a duty of care
  • Defendant breached that duty
  • That breach caused fatal injuries
  • Deceased and/or survivors suffered damages

To bring a wrongful death claim in Ohio, you must have “standing” as a personal representative of the deceased’s estate. If your loved one died without a will, the probate court could appoint someone. The representative then files on behalf of the estate and survivors, which typically includes spouse, children, and parents of the deceased.

Ohio law prohibits wrongful death actions after two years from the date of death or the date it was discovered that the death was wrongful. Because of the short statute of limitations for bringing wrongful death claims, it is essential to work with an attorney right away if your family member died in an accident caused by someone else.

Examples of Wrongful Death Cases

Many are familiar with wrongful death cases resulting from car accidents, but wrongful death claims can arise from other negligent activities. These include:

It’s essential to contact a wrongful death attorney if your loved one dies in an accident or while under medical care. If negligence was the cause, we can determine the responsible parties and hold them accountable.

Damages for Wrongful Death

Damages available in a wrongful death claim include compensation for the financial and emotional loss related to the death of your loved one. Under Ohio law, the only survivors eligible for compensation from wrongful death claims are parents, spouses, and children.

Two types of damages available to survivors include:

Economic:

  • Expenses of a funeral, burial, and cremation
  • Medical expenses that arose from care after the accident and before death
  • Loss of income
  • Loss of insurance
  • Loss of possible inheritance

Non-economic:

  • Loss of household services
  • Loss of companionship
  • Loss of consortium between spouses
  • Mental anguish

Our Wrongful Death Claim Attorneys Can Help

The sudden loss of a loved one is life-changing. While you’re coping with loss and grief, the family’s income might have been significantly decreased or eliminated, and you’re trying to make ends meet. If your family member died because of someone’s negligence, you may have a valid wrongful death claim that could compensate you.

Kisling, Nestico & Redick can help you understand your rights. We can answer your questions and fight for the compensation you deserve.

Call 1-800-HURT-NOW to schedule a free consultation. There’s no risk in calling because we are only paid when you recover compensation.