There are few things more painful than losing a loved one unexpectedly. In Ohio, when someone dies because of another person’s negligence or misconduct, a wrongful death claim may be possible.
These claims are designed to support surviving family members financially and acknowledge the loss they have suffered.
Who can file the claim?
Under Ohio law, only the personal representative of the deceased person’s estate can file a wrongful death claim. This is typically the person named in the will or appointed by the probate court if there is no will. While the representative files the claim, they do so on behalf of certain surviving family members. These usually include the spouse, children and parents of the deceased.
Is the process complex?
The process of filing a wrongful death claim can involve multiple steps. First, the estate must be opened in probate court. The personal representative then files the lawsuit in civil court. They must prove that the death was caused by another party’s wrongful act, neglect or default. Evidence, legal deadlines and court procedures all play a role. As the process follows specific legal requirements, it can be more nuanced than other civil claims.
What compensation can include
Compensation can involve several types of losses. These often include funeral and burial costs, lost income the deceased would have provided and the loss of companionship and support. Surviving family members may also be compensated for mental anguish and loss of services. The court decides how the compensation is divided among eligible survivors.
Wrongful death claims in Ohio aim to provide some measure of relief after a tragic loss. While only one person can bring the claim, it is meant to benefit all close family members affected by the death. Seek legal guidance to learn more about the law in this area.
