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2 important limitations on Ohio wrongful death claims

On Behalf of | Oct 1, 2021 | Wrongful Death

The Ohio civil courts give you an opportunity to pursue justice after the loss of a loved one. A wrongful death lawsuit can lead to surviving family members receiving compensation for the financial impact of the death of a loved one. 

However, there are strict limitations that impact your right to file a wrongful death claim in Ohio. Obviously, you need some kind of evidence that another person or a business caused your loss through negligence or wrongful acts. You also have to comply with the limitations set by state law.  

Understanding those limits can help you determine whether you would benefit from a wrongful death claim after a tragic loss.

Only certain people can receive wrongful death compensation

Only those with close familial relationships with the deceased individual can receive compensation from a wrongful death claim. 

Ohio law usually requires that the personal representative of someone’s estate brings the lawsuit itself and that they later distribute any award from that lawsuit among the surviving dependent family members of the deceased. 

Spouses, children and even parents can receive wrongful death compensation. Girlfriends, boyfriends or roommates likely don’t have the right to any compensation even if they had a close relationship with the deceased individual. 

You only have a brief window of time to file

The day that your loved one dies, the clock starts ticking. You only have two years from the date of their death to bring a claim against the individual or business that you believe is responsible for your loss. Making sure that you file a claim on time is crucial to seeking justice for your loved one. 

Understanding how wrongful death claims work can make it easier for you to navigate the Ohio legal system.