The law creates liability for many of those who negligently or intentionally cause harm to other people. Ohio state statutes allow individuals to file lawsuits in cases where an individual or business causes dramatic property damage or serious injuries. Personal injury lawsuits can help people recover medical expenses, lost wages and other costs generated by the negligence or bad behavior of another party.
Those who lose loved ones may also have the right to pursue litigation under Ohio’s wrongful death statute. Wrongful death lawsuits can lead to compensation for lost wages, funeral expenses, medical costs and other economic consequences of someone’s premature passing. Typically, only one wrongful death lawsuit is possible even though numerous people may experience economic consequences when someone dies unexpectedly.
Who typically has the legal authority necessary to initiate a wrongful death lawsuit in Ohio?
The representative of the estate can take legal action
Depending on the family and career of the person who died, there could be numerous people who experience direct consequences when they pass. Their spouse and children may lose a crucial source of income and social support. Their business partners or employers may lose out on their talent. Other family members, including parents and siblings, may have relied on that individual for financial or practical support.
All of those people may hope to recoup the losses generated after a premature passing. However, the law in Ohio only empowers the personal representative or executor of the decedent’s estate to pursue a wrongful death lawsuit.
They can base the amount of compensation sought on the losses experienced by others and the direct costs generated by the decedent’s passing. The law generally allows for the recovery of losses that affect immediate family members and dependents, not employers, friends or business partners.
If the lawsuit is successful, the personal representative of the decedent’s estate then has the responsibility to use the proceeds to cover probate costs and to distribute what remains among the immediate family members of the decedent and any beneficiaries of their estate.
Wrongful death lawsuits can take months to resolve, but they can ultimately provide grieving families with closure and financial compensation. Discussing the possibility of a wrongful death lawsuit with the personal representative of an estate could help a family demand justice after a tragedy.
