The premature loss of a loved one can turn your world upside down, especially when the death could likely have been prevented if it wasn’t for another person’s reckless or negligent actions. Even though you may be going through a lot already, it is important to know that you can take action on behalf of your loved one and hold the at-fault party responsible for their negligence – and you do not need to do it alone. The attorneys at the Piscitelli Law Firm go over wrongful death laws in Ohio and explain how an attorney can help you with your case.
What Is a Wrongful Death Case?
A wrongful death case is a type of personal injury case in which one party (the plaintiff) suffers injuries and losses (called damages) as a result of another party’s negligence. However, in a wrongful death claim, the injuries sustained by the plaintiff were so severe that the plaintiff ended up passing away.
Because the plaintiff did not survive their injuries, the plaintiff’s family may be entitled to seek compensation for the damages the plaintiff would have sustained had the plaintiff lived. In Ohio, a wrongful death is the result of another party’s negligence, recklessness, or wrongful actions, which include criminal acts such as assault or murder. For example, if a person is killed in a car accident caused by a drunk driver, the victim’s family may file a wrongful death claim to hold the drunk driver responsible for their losses.
Is a Wrongful Death Case Handled in a Criminal Court or a Civil Court?
As explained above, a wrongful death claim is a type of personal injury claim, and thus, it is handled in a civil court. However, it is not uncommon for a wrongful death claim to be filed at the same time as criminal charges. The difference is that a criminal charge such as vehicular manslaughter or assault can result in penalties for the defendant, such as fines and jail time, while a wrongful death claim has the main goal of compensating the victim’s family for their loss. In other words, the same defendant can be facing criminal charges filed by the state and be the target of a wrongful death claim filed by the decedent’s family.
Another difference is that because a wrongful death claim is handled in a civil court, the only form of punishment available to reprimand the defendant for their actions is in the form of financial compensation for the victim’s damages. The defendant may be ordered to pay the victim’s family monetary compensation for damages such as medical bills, lost wages, loss of future earnings, hospital bills, final expenses (including funeral and burial costs), pain, suffering, and loss of companionship, to name a few examples. In cases where a court finds the defendant acted with gross negligence or intended to cause harm, the court may order the defendant to pay punitive damages in addition to standard damages.
Who Can Initiate a Wrongful Death Claim in Ohio?
In many states, the close relatives of a wrongful death victim are the ones who can initiate a claim on behalf of their loved one. However, Ohio laws are more specific as to who can file a wrongful death claim, limiting that authority to the decedent’s personal representative.
The personal representative is an individual who is appointed by the probate court to manage the decedent’s estate and take the necessary steps to probate the estate and distribute assets to its rightful beneficiaries. A personal representative can also be appointed by the decedent’s will. In Ohio, the personal representative may initiate a wrongful death claim on behalf of the family. If the claim is successful, funds are paid to the estate and distributed to beneficiaries in accordance with Ohio’s intestate laws. There are no damages caps for wrongful death claims in Ohio, but families should be aware of the applicable statute of limitations that can affect their claim.
How Much Time Do You Have to File a Wrongful Death Case in Ohio?
In Ohio, there are legal time limits for wrongful death claims to be filed. These legal time limits are called a statute of limitations. Ohio’s statute of limitations for wrongful death claims is two years, meaning families have not more than two years to file a claim, counting from the date when their loved one was killed.
This is a crucial aspect to be aware of because once the statute of limitations expires for a particular claim, the plaintiffs will likely be barred from recovering any compensation. Two years may sound like a long time, but it is never a good idea to wait for so long before taking action. It is best to consult a wrongful death attorney as soon as possible in order to maximize your chances of a successful outcome.
At the Piscitelli Law Firm, we understand that no amount of money can bring your loved one back. We are here to help you achieve the next best thing, which is to hold the negligent party financially responsible for their actions. Our attorneys have represented countless families of wrongful death victims in Mentor, OH, and surrounding areas, and we are here to help you get justice on behalf of your loved one. We know you are probably grieving your loss and feeling overwhelmed about the future – that is why we are dedicated to taking care of every aspect of your case for you in the most professional and efficient way possible. Contact us today at 216-820-9832 to discuss your case and learn how we can help you.
