There is nothing more devastating than losing a loved one, especially when their death could have been prevented.
If a close family member was killed as the result of someone else’s negligence or wrongful act, you may be wondering how to get justice for your loved one.
If the person was the primary breadwinner for your family, you may also be worried about how you are going to support yourself or your children.
You have remedies if your loved one suffered a wrongful death in Ohio. An Ohio wrongful death attorney can help you understand your options.
What Is Wrongful Death?
Wrongful death can arise in a number of circumstances. Common causes of wrongful death in Ohio include things like:
- Automobile accidents,
- Industrial accidents,
- Slip and fall accidents,
- Medical malpractice,
- Product defects, and
- Criminal conduct.
If your loved one died as a result of any of these circumstances, or other circumstances caused by the wrongful conduct of another, you may have the right to seek compensation.
Who Can File a Wrongful Death Lawsuit?
In Ohio, only the personal representative of the deceased person’s estate may bring a wrongful death suit. The personal representative brings the action for the benefit of the person’s spouse, children, and parents. The law presumes that these individuals have suffered damages as a result of the wrongful death.
In some circumstances, other family members may be included in the suit. However, family members other than a spouse, child, or parent must prove that they personally suffered damages as a result of the death. An attorney can advise you as to whether you may be eligible to be included in an Ohio wrongful death suit.
What Compensation Can I Recover for Wrongful Death?
In Ohio, damages for wrongful death are calculated based on the losses suffered by the deceased person’s family members. Courts may consider the following losses in an Ohio wrongful death claim:
- A loss of society, including things like companionship, consortium, protection, and guidance;
- Loss of financial support;
- Loss of prospective inheritance;
- The loss of services, such as household contributions; and
- Mental anguish.
The estate may also recover the cost of funeral and burial expenses for the deceased person.
What Is the Statute of Limitations for Wrongful Death in Ohio?
In Ohio, the statute of limitations for wrongful death is two years. This means that if you don’t file your wrongful death lawsuit within two years after the death, you will likely lose your opportunity to seek compensation.
Additional limitations may apply if the death was the result of a product defect.
Your attorney can help you understand how the statute of limitations applies to your case and help ensure that you comply with the necessary deadlines.
How Can an Ohio Wrongful Death Attorney Help Me?
If you recently lost a loved one because of another’s actions, feel free to contact our office. Attorney Aaron Besinger has extensive experience fighting for injury victims and their families.
He will handle every aspect of your case, including research, negotiation, and arguing in court, if necessary. For a free consultation, call or contact Besinger Legal Services online today.
Although nothing can bring your loved one back, Bensinger Legal Services can help you seek justice and fight for the compensation you need to support yourself and your family.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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