Statute of Limitations in Wrongful Death Cases

When you suffer a sudden and tragic death in your family, it is difficult to face significant legal questions. You need time to grieve and handle your loved one’s funeral arrangements. In the days or weeks following your loved one’s death, you have enough to handle with coming to terms with how your life moves forward.

Yet there comes a time when you have to take a closer look at why your loved one was killed and whether you have the right to move forward with a wrongful death claim. Under Ohio law, when an individual is killed because of another person or business’s carelessness, recklessness, or intentional misconduct, then you may have the right to seek compensation for your economic and non-economic losses.

If you have questions about filing a wrongful death claim and what the statute of limitations on this type of claim is, call our experienced Ohio wrongful death lawyers of Kisling, Nestico & Redick at 1-800-HURT-NOW. We are here to explain your rights and legal options. If you choose to move forward with a claim, we will guide you through the process step-by-step.

How an Ohio Wrongful Death Claim Works

Not just anyone is entitled to file a wrongful death claim. Under Ohio law, the personal representative for the deceased person’s estate files the suit. The personal representative may be you, another family member, an attorney, or someone else. The representative does not have to be related to the deceased.

The compensation the representative pursues is on behalf of the decedent’s surviving parents, spouse, and children. These are the individuals the law assumes have been injured by the death. Other family members, including siblings, grandparents, and cousins are typically not entitled to compensation from a wrongful death claim unless they can prove they suffered compensable losses.

The representative can seek compensation for:

• Funeral and burial expenses
• Medical expenses sustained prior to your loved one’s death
• Loss of the individual’s income
• Loss of the individual’s benefits like health insurance or a pension
• Loss of a prospective inheritance from that family member
• Mental anguish
• Loss of your loved one’s services like housework and childcare
• Loss of companionship
• Loss of consortium, which is the intimate relationship between spouses

To gain compensation, the representative’s lawyers must be able to prove the other party’s negligence led to your loved one’s death. If there is enough evidence to establish this, then your loved one’s estate may obtain an insurance settlement or jury award. This will then be distributed to the surviving parents, spouse, and children in proportions based on Ohio law.

Ohio’s Statute of Limitations on Wrongful Death Claims

There is a time restriction that limits how long a personal representative has to file a wrongful death lawsuit in Ohio. You have two years from the time of the decedent’s death to file the claim. If you file a wrongful death claim after the two-year time period has passed, then the defendant can ask the court to dismiss the case, and the court more than likely will.