Hilliard Wrongful Death Lawyer
If you lost a loved one in an accident in Hilliard, you may have the right to file a wrongful death lawsuit for damages. If you’re in Hilliard, an attorney from Bressman Law can help you exercise this right to recover damages for you and your family.
The following takes a look at Ohio wrongful death laws, common types of cases, who can file a lawsuit and recover damages, types of recoverable damages, time limits for filing, and more.
When a Wrongful Death Claim is Allowed
A wrongful death lawsuit is a legal action taken in civil court, not criminal court. The personal representative of the deceased may file a claim if another’s wrongful act or neglect caused the injuries, and the deceased would be able to file a personal injury claim had he or she survived.
Types of Wrongful Death Cases
There are many types of fatal accidents that may entitle a personal representative to file a claim. The accident may stem from a medical error, slip and fall, traffic collision, etc. Whatever the case, the plaintiffs must establish that the defendant owed the deceased a duty of care and acted negligently. They also must establish that the defendant’s negligence caused fatal injuries and the beneficiaries in a wrongful death claim suffered damages as a result.
Beneficiaries in a Wrongful Death Suit
There can be multiple beneficiaries who may collect damages in a wrongful death suit. Ohio Code Section 2125.02(A)(1) states that only the deceased’s personal representative can file a civil action for wrongful death. But beneficiaries may include the surviving spouse, surviving children and surviving parents of the deceased.
Damages Recoverable in a Wrongful Death Suit
Below are some of the damages a wrongful death lawsuit may recover for beneficiaries.
- Funeral expenses
- Loss of support
- Loss of services of the deceased
- Loss of companionship, consortium, care, assistance, protection, advice, guidance, instruction, training and education
- Loss of prospective inheritance
- Mental anguish
- Medical expenses
The amount of wrongful death damages awarded is dependent upon the individual factors of the case. For example, damages in a case involving a deceased older individual who earned no wages and performed few services may be less than in a case involving a young wage-earner who performed many household services. An attorney can be a valuable asset in maximizing beneficiaries’ damages award so they recover a fair amount of damages that they deserve under the law.
Statute of Limitations for Wrongful Death Claims in Hilliard
The state of Ohio has a statute of limitations that places a cap on the amount of time that a personal representative of the deceased has to file a claim for damages. In Ohio, the statute of limitations is two years from the time of death. This means the personal representative cannot bring the claim more than two years from the time of death. As such, it’s important to get started as soon as possible to avoid filing too late.
Bressman Law Can Help Hilliard Families
There is nothing more traumatic than losing a loved one, especially when the death was unexpected and preventable. In pursuing a wrongful death lawsuit, you will have to prove that death would not have occurred but for the negligence of the defendant.
To do this, an attorney who can collect evidence and argue your side can be important. At Bressman Law, we will fight to make sure your suit is complete and adequately establishes all factors necessary to prove fault and liability and to recover damages. To begin, call our law offices now at 1-866-777-6680 or contact us online.