Can You Sue for Wrongful Death in Ohio?

Life is fragile. One wrong move by someone can cause another person’s death. A person’s negligence can cause a car crash, pedestrian accident, slip and fall, workplace accident, medical malpractice, drowning, dog bite, or other fatal accident. 

If someone caused your family member to die, you will likely want justice. The liable party should pay for their actions. So what are your options?

You can sue the liable party as a civil action (as opposed to a criminal one). This means the person would have to pay you financial compensation for the damages caused by the person’s death. Here’s a look at what that entails. 

Filing a Lawsuit

Under Ohio Revised Code Section 2125.01, you can file a lawsuit against the person who caused your loved one’s death. The law allows a wrongful death suit if the wrongful act, neglect, or default would have given rise to a personal injury lawsuit if the victim had not died. Even if a person did not mean to cause your loved one’s death, they can still be sued under the law.

However, not just anyone can file a wrongful death lawsuit. In Ohio, however, the personal representative, or executor, of the deceased person’s estate must bring about the wrongful death. If the person had a will, the personal representative  would be named there. If the person had no will, the court will appoint someone to serve as the executor. The person will typically be a close loved one, such as a parent, spouse, sibling, or adult child. 

You should also keep in mind that each state has strict deadlines for suing for wrongful death. In Ohio, you have just two years from the date of your loved one’s death. This means you need to take prompt action. If you are even just one day late, you will be barred from receiving any compensation. 

Filing a lawsuit may not seem important to some people, since no amount of money can bring their loved one back to life. However, in Ohio and all other states, the main purpose of a lawsuit is to make the victim of an accident “whole.” In a wrongful death case, the victim’s family is entitled to be made “whole.” It is important that the negligent party is held accountable for what they did. 

Therefore, surviving family members can receive compensation for various damages for filing a wrongful death claim. They include the following:

  • All medical expenses (past, present, and future)
  • Funeral and burial costs
  • Lost wages
  • Costs related to the accident
  • Pain and suffering
  • Loss of companionship

Contact Us Today

Dealing with a loved one’s death can be devastating, especially when the death happens unexpectedly. If a person’s negligence is to blame, seek legal help right away. 

Count on the skilled wrongful death attorneys at Groth & Associates to help you through this difficult time. We can help you get compensation and justice. Schedule a free consultation today by calling (419) 318-1578 or filling out the online form