What does a wrongful death lawsuit involve?

What does a wrongful death lawsuit involve?

On Behalf of | Nov 3, 2021 | Personal Injury |

Wrongful death lawsuits might be among the most painful legal steps a family could take. Even so, when someone dies due to another party’s negligence, seeking remedies in Ohio civil courts may be a necessary step. Survivors could face significant financial strain when the head of a household dies. A wrongful death lawsuit provides a means to recover losses and possibly punish the wrongdoer.

Wrongful death statutes in Ohio

Under Ohio law, a family member or family representative could bring a lawsuit forth when someone dies due to another person’s “wrongful action, neglect, or default.” So, if a person passes away due to complications from heart disease while in a hospital, there may not be a wrongful death case. However, when medical malpractice is a factor, a wrongful death suit could be possible.

Other examples of wrongful death incidents could include fatal traffic accidents caused by a drunk driver or a poorly performed home repair job that causes a tragic fire. Ultimately, any death resulting from negligence may lead to a lawsuit.

Among the most traumatic could be intentional killings. Families of murder or manslaughter victims might seek a civil judgment in addition to a criminal one.

Exploring wrongful death lawsuit options

Individuals must have the standing to bring a wrongful death case forward. Parents, children, and spouses have clear standing. Other relatives might file a lawsuit provided they prove a direct loss from the death. Damages sought may vary and range from loss of support to a loss of potential inheritance, among others.

Whoever files the lawsuit must take action before the statute of limitations expires. In Ohio, the timeframe is two years.