Are Deadly Car Accidents on the Rise in Ohio?
Posted in: Car Accidents
Ohio has two forms of compensation for family members who suffered the loss of a loved one due to the negligence of another. These are wrongful death claims and survival actions.
The estate of the deceased (decedent) can pursue either or both. There is, however, a difference between Ohio wrongful death & survival actions, and if you recently experienced an unexpected death of a loved one, it’s important to understand these two legal actions.
The wrongful death and survival action attorneys at Kisling, Nestico & Redick are experienced at helping families obtain rightful compensation in the aftermath of their loss. Let us work with you to determine the best course of action for you and your family.
A wrongful death claim is designed to compensate the family of the deceased. It is issued by the administrator or executor of the decedent’s estate.
A practical example of a wrongful death claim is:
A man is married and has three children. As he is driving to run an errand one evening, he is tragically involved in a vehicular accident that takes his life.
In this case, the family can file a wrongful death claim to cover their newfound circumstances that include loss of affection and companionship as well as the financial support the victim would have provided had he lived.
The judgment and compensation in such a case may even be split between the wife and children, and possibly the man’s parents, brothers, and sisters.
Survival actions differ from wrongful death claims in that they are focused on the decedent.
Under Ohio Revised Code Section 2305.21, survival actions allow for claims that would have been available to the decedent had they lived. The being that it would be unfair to deny someone from filing a claim because the person passed away.
Therefore, if the man from the example above did not die immediately after the accident but spent weeks in the hospital prior to dying of his injuries, the family may pursue a survival action. In doing so, the family may recover compensation for the suffering, pain, and medical expenses the victim accumulated from the moment of his accident until his passing.
Possible survival action damages include:
The damages secured in a survival action lawsuit would be distributed according to the decedent’s will. If he had no will, the distribution would be made through the law of descent and distribution.
The personal representative of the decedent’s estate may file a survival action lawsuit. If no representative has been designated, the successor-in-interest may file the action.
A survival cause of action may be filed if the decedent remained alive for even a short period following the accident that caused their injuries.
Survival actions cover pain, injuries, and losses incurred before death, including any punitive or exemplary damages, as well as penalties that the deceased would have been eligible to recover had they lived.
Like other legal claims, survival actions have time limits. The time limit for filing depends on the underlying claim and not the time of death. The clock starts when the decedent knew or should have known there was an injury or harm suffered.
If you are dealing with the death of a family member or loved one due to another person’s negligence, it is important to speak with an Ohio wrongful death attorney to review your options.
At Kisling, Nestico & Redick, we have the skills and experience to help you achieve the best result possible with your claim. Let’s discuss your options and develop a plan to secure your rightful compensation.
Call us today at 1-800-HURT-NOW to request a free consultation.