If the intentional actions or the negligence of another person has resulted in the death of a loved one, you might want to pursue a wrongful death claim with a Columbus wrongful death experienced lawyer to recover the damages that were incurred by the loss of your family member. Ohio has specific wrongful death laws in place within Columbus that must be followed specifically in order for a claim to be successful. You should consult with a Columbus wrongful death lawyer to serve your family’s interests and rights while you pursue the claim. The experienced lawyers at Ohio Car Accident Lawyers provide aggressive legal representation when pursuing such claims. We have experienced wrongful death attorneys who will fight for your family.
What is a Wrongful Death in Ohio?
Most states have laws that govern wrongful death claims and Ohio is no different. The Ohio Revised Statutes section 125 are very specific when it comes to defining wrongful death. Wrongful death is the loss of life resulting from another person’s “wrongful act, neglect, or default.” The deceased person’s family has the legal right to proceed with a wrongful death claim on behalf of their loved one if the deceased person who have been entitled to pursue a personal injury claim in Columbus if the action had not resulted in death. One way to look at Columbus wrongful death claims is as a Cincinnati personal injury claim where the injured party is unable to file his or her own claim against the liable party. A wrongful death claim in Columbus can be filed for surviving family members of deceased person’s estate. The wrongful death settlement will be divided according to Ohio inheritance laws.
Who Can Legally Pursue a Wrongful Death Claim in Columbus?
There are laws in Ohio that specify the deceased person’s personal representative is the person who files a wrongful death claim in court on behalf of the estate of the decedent. A personal representative must be an individual and not a company, organization, or corporation. The wrongful death claim can pursue damages for the surviving family members of the deceased person’s family in addition to his or her estate in general. If you have questions regarding the pursuit of a wrongful death claim in Columbus or serving as a personal representative for a claim, you should schedule a consultation with a Columbus wrongful death attorney at the Ohio Car Accident Lawyers.
Ohio laws state indicate that there are specific presumptions regarding which family members suffer losses from the death of a loved one as well as how the compensation for those losses should be distributed. Ohio law indicates that the surviving spouse, surviving children, and surviving parents should be compensated for their losses resulting from the death. Grandparents and siblings aren’t presumed to have suffered losses of a compensable nature unless they can prove otherwise in court that they have suffered such losses.
The Statute of Limitations for Wrongful Death Columbus
There are limitations regarding how long you have to file most civil lawsuits. This specified timeframe or statute of limitations for wrongful death claims is two years from the date of death. If you wait past those two years, your case will most likely be dismissed by the court. Different factors can be impacted by several different factors, so you should schedule a consultation with a wrongful death lawyer in Columbus to ensure your claim is filed in a timely fashion.
Damages Pursued in Columbus Wrongful Death Claims
There can be multiple losses that are incurred from a wrongful death claim. If your loved one has died due to an intentional act or someone’s negligence, here are a few of the damages that might be pursued as part of your wrongful death claim:
- Loss of companionship, care, guidance, advice and instruction.
- Loss of financial support based on the decedent’s compensation.
- Loss of services such as childcare, yard work, and housework.
Wrongful death settlements are distributed among the surviving heirs based on state inheritance laws. If all of the deceased person’s surviving are related to the deceased person to the same degree, the court will split the damages equally. As an example, if the deceased person has no surviving parents or surviving spouse but is survived by three children, the settlement would be equally split between those three children after all legal fees have been deducted.
On another note, the deceased person’s surviving spouse is eligible to file for damages even if he or she remarries before the case goes to court. The court will give consideration that the spouse has remarried prior to settling the claim. The amount of the settlement that he or she receives might be impacted by the remarriage.
Schedule a Columbus Wrongful Death Case Consultation
If the intentional actions or negligence of another party has led to the death of your loved one, you might want to consider pursuing a wrongful death claim against the liable party so you can recover some of your financial losses. With a combined 190 years of experience of helping those who have been injured or suffered losses of loved ones, the Ohio Car Accident Lawyers has helped hundreds of people around Ohio successfully pursue their claims. We have a team of lawyers who will aggressively pursue your wrongful death claim while making sure your rights are protected.
Don’t worry about paying a lot upfront to hire a lawyer for your wrongful death claim in Columbus. We work on a contingency basis, so you have nothing to lose. We don’t get paid until you get a settlement, and then we are paid a percentage of the settlement. That percentage is agreed upon when we are retained to represent you. With a proven track record of providing first-rate representation to clients of Columbus wrongful death claims, we offer caring, compassionate service. If you have suffered a loved one’s loss, schedule a free case evaluation with Ohio Car Accident Lawyers so we can get your claim filed in time.