Losing a loved one is an overwhelming emotional, mental and financial experience. When a family loses someone they love, there are numerous details that must be attended to, seemingly all at once. The first few days after the death occurs there are funeral plans and associated expenses to deal with, and it might be all a family can do to put one foot in front of the other to deal with daily tasks.
Ongoing financial issues often plague a family for weeks or months after that initial period of shock and grieving. Outstanding medical bills may begin trickling in after a short period; there may be concern over the lost income previously earned by the deceased; and of course the ongoing grieving process can complicate life and make all of these details nearly impossible to manage.
If your loved one was taken from you due to the negligence, wrongdoing or criminal act or intent of another person, this complicates the situation further. Feelings of anger, resentment and helplessness may be all-encompassing, and many families don’t know where to turn for help. They don’t understand their rights or the restitution that may be due to them.
David Bressman specializes in helping victims of negligence and wrongdoing and is experienced and knowledgeable in wrongful death law. Ohio has statutes in place that protect the rights of victims of wrongful death cases. David can help your family sort through the details of your loved one’s death and determine what compensation to which you may be entitled. This compensation may be a helpful factor in rebuilding your lives, both financially and personally.
Wrongful Death Cases in Ohio
Ohio, like other states, has its own governing laws that affect how and when wrongful death suits can be initiated. Ohio’s Revised Statutes section 2125 states the guidelines for wrongful death cases.
The personal representative of the estate of the deceased can file a wrongful death lawsuit in Ohio. Only an individual and not an entity such as a corporation can sue for wrongful death. The personal representative can be a family member or designated attorney, and this person can seek damages for the estate as well as the surviving family members suffering damages. Wrongful death cases must be filed within two years from the date of the deceased death. After the two-year statute of limitations has passed, it will be very difficult to initiate a wrongful death lawsuit.
Who can receive compensation in a wrongful death case?
Ohio law states that only certain family members may be entitled to damages in a wrongful death case. A surviving spouse, children or parents typically are the parties deemed to have suffered current or future financial losses in a wrongful death situation. Other close family members may be able to prove that they also have a stake in the financial losses of the case, but it must be proven. In certain cases, grandparents or siblings also may be able to recover damages if the court approves.
What damages can be recovered in wrongful death cases?
A wrongful death lawsuit typically can seek compensation for damages suffered by the surviving family members for the following types of losses.
- Loss of income: If the deceased previously contributed financially to the household, survivors can seek income compensation in a wrongful death claim.
- Loss of personal support: If the deceased provided child care, did housework or performed other household duties that someone else will now need to provide, this type of loss can be included in a wrongful death claim.
- Loss of companionship: The emotional toll the loss of a close loved one can take on survivors in immeasurable. However, compensation for this loss can be included in a wrongful death suit.
- Loss of inheritance: Future inheritance that children would have received had the deceased continued to live can be sought by survivors.
- Mental anguish/pain and suffering: In Ohio, pain and suffering damages can be included in a wrongful death case.
Call Attorney David Bressman
David Bressman specializes in wrongful death cases. Call 877-538-1116 to schedule a consultation for your case.