Losing a loved one unexpectedly can blindside even the most prepared of us. The devastating loss of a loved one often coincides with serious financial obligations. These immediate monetary worries add more stress during an already difficult time. If you have suffered an unexpected loss due to someone’s negligence, our wrongful death attorneys are here to support you through the process of filing a legal claim against the negligent party.
In Ohio, damages can be awarded to any person who has been shown to have suffered a loss due to a wrongful death. Generally, surviving family members take precedence in receiving monetary compensation. Family members include surviving children, spouse, parents, or any person who was dependent on the deceased. Ohio courts do take into account if the surviving spouse gets remarried, but this fact does not necessarily preclude the plaintiff from receiving damages.
A wrongful death is already harmful enough to surviving family members. With the counsel of a wrongful death lawyer, you improve the chances of recovering monetary compensation, allowing you to focus on your family and the grieving process.
After a wrongful death case, RKPT is here to support you. Call us at (513) 721-3330 and speak with a wrongful death lawyer about your case.
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What is Considered Wrongful Death?
When the expiration is the direct result of a negligent and/or illegal act, the death of another person is considered “wrongful death”. Senseless, reckless, or negligent acts that can lead to a wrongful death claim include:
- Cyclist and pedestrian accidents
- Medical malpractice
- Motor vehicle accidents
- Occupiers’ (Premises) Liability (“slip and fall” accidents)
- Product defects
- Workplace accidents
Wrongful death claims often lead to a lawsuit filed against the at-fault party. Often, other parties sometimes get involved in these claims, and insurance companies are obligated to get involved in wrongful death cases.
It’s best not to try to handle a complicated wrongful death claim without legal counsel. Call RKPT now at (513) 721-3330 for your free consultation.
Filing a Wrongful Death Lawsuit
Laws concerning which individuals have the right to file a wrongful death case vary by state. Before you are able to file a wrongful death lawsuit, your lawyer will determine if you have the right under Ohio State law to file.
In Ohio, surviving family members and, in the absence of any, next of kin have the right to any benefits collected in a successful wrongful death suit. The right to file, however, belongs exclusively to the representative of the estate. This representative is the person who acts on behalf of any surviving family members of the deceased.
If a lawsuit is successfully made by a party other than your own, you may also qualify for compensation.
Call RKPT today at (513) 721-3330 for a free consultation.
Statute of Limitations in the State of Ohio
In order to avoid large spans of time between the death and when the plaintiff files a wrongful death lawsuit, there is a limit placed on how many years after the incident a party can file.
Per Ohio’s statute of limitations, a party is eligible to file a wrongful death action within two (2) years from the date of the fatal event. The law considers the date of the fatal event to be either the date of death or the date said death was deemed wrongful. Legal actions taken after this time frame may be dismissed, and the plaintiff cannot seek any future damages.
Frequently Asked Questions
How long will my wrongful death lawsuit take?
Multiple considerations determine how long a wrongful death lawsuit will take. Disputes regarding liability in wrongful death cases increase the time it takes to reach a resolution and can stretch out over several years.
Reaching a settlement generally results in the faster resolution of a wrongful death case and thus is preferable to a lawsuit. In the event of a lawsuit, a settlement might not be reached at all. If a settlement is reached, it can take many years to do so. If liability is agreed upon, the determination of a reasonable monetary award becomes the focus of the negotiations, and the wrongful death case can be resolved within a few months.
How does a person win a wrongful death lawsuit?
Proving a wrongful death claim can be complicated, but legal counsel can help you build a strong case.
Questions? RKPT is here to help. Call our law firm to discuss your case: (513) 721-3330.
In all cases where negligence comes into play, four things need to be established for the plaintiff to win their case:
- Duty of Care. The plaintiff must show that the defendant had a duty of care—a legal obligation–to protect the deceased. For example, drivers are responsible for adhering to various traffic laws, such as obeying red lights and posted speed limits. Employers are responsible for maintaining safe equipment within their facility.
- Breach of the Duty of Care. In addition to establishing that the defendant had a duty of care, the plaintiff must also prove that the breach of duty of care was due to the defendant’s negligence. Some examples are: a driver driving above the posted speed limit or an employer failing to fix a known piece of faulty equipment resulting in a death. Establishing a duty of care can be challenging, depending on the claim. Any careless, senseless, or intentional action that resulted in the death of your loved one can qualify as such a breach.
- Damages. The plaintiff must prove that they have suffered damages as a result of a breach of duty of care. Damages may include: economic damages such as funeral or medical costs and/or intangible damages such as loss of companionship, emotional distress, pain and suffering experienced by the deceased before their death, etc., or as a result of the wrongful death.
- Causation. Causation refers to the need to prove that the negligence directly caused the damages in question. Also, a defendant may not be held liable for any damages not directly arising from the wrongful death they caused. The plaintiff does not have a right to compensation if causation cannot be proven, and in that instance, the defendant may not be held liable for damages. Damages and causation are closely linked and are necessary to demonstrate negligence. Any breach of duty by a defendant must be the direct cause of death, and any damages awarded must stem from that death.
If the wrongful death lawyer is able to establish all four, it proves negligence on the part of the defendant.
Call RKPT law firm to discuss your case: (513) 721-3330.
Who pays for a wrongful death lawsuit?
While the person responsible for the death is usually responsible for damages, there are other people who could pay for the settlement. In the event of a car accident, for instance, if the driver holds a liability insurance policy, the insurance company is the party providing payment of damages. In addition to the person who is found to be at fault, other people who might be responsible for payment include:
- A defendant’s employer.
- A defendant’s insurance company
- A medical professional (in the event of a malpractice lawsuit)
What is the average settlement for wrongful death lawsuits?
Wrongful death settlements range from tens of thousands to millions. Elements that can impact the amount of the financial settlement include:
- Funeral and burial expenses
- The deceased’s future earning potential
- Pension plan or retirement benefit loss
- Age of the deceased
- Insurance policy limits
- Medical bills
The legal process of a wrongful death lawsuit can be complicated. Your wrongful death lawyer will help you understand the details of your case and guide you through the process step by step.
Who are the beneficiaries in a wrongful death lawsuit in Ohio?
State law mandates that if a settlement is reached in an Ohio wrongful death lawsuit, damages be awarded to the survivors of the deceased person. Ohio state law requires that a personal representative file the wrongful death lawsuit; this could be, for example, the executor of the estate or will. Surviving family members may be entitled to damages from the negligent party, including:
- Children, stepchildren, and adopted children
- The surviving spouse
- Family members who are financially dependent on the deceased at the time of death
- Parents, siblings, nieces, and/or nephews
In the absence of the above, the deceased’s will dictates what damages will be received and by whom. If no such will exists, damages will be distributed in agreement with Ohio intestacy law.
Call RKPT for a free consultation on your wrongful death lawsuit: (513) 721-3330.
Is wrongful death a crime?
Wrongful death claims fall under civil law, not criminal law. Whereas violent crimes can lead to a wrongful death case, not all wrongful death claims involve criminal action. Criminal cases aim to punish defendants who break the law; wrongful death claims seek financial awards in order to recover damages.
It is possible for a wrongful death case and a criminal case to proceed simultaneously. Pursuing a criminal case will not affect your right to file a wrongful death lawsuit. In Ohio, it’s not necessary for a person to wait to file a civil case until the criminal case is resolved, though the criminal case may take precedence over the civil one if both cases involve the same individuals or evidence.
Are wrongful death settlements taxable?
The IRS considers money from legal settlements to be income in some cases (see IRS Rule 1.104-1). Money received as a payout from a wrongful death lawsuit or any other personal injury settlement, however, is not considered to be income by the IRS. There are exceptions to this rule, so always talk to your legal team if you have questions regarding tax liabilities.
What does a wrongful death lawyer do?
Personal injury attorneys who specialize in wrongful death begin with a comprehensive investigation of the circumstances surrounding your loved one’s death, designed to determine if you have a legal right to file a wrongful death lawsuit.
After an attorney has completely investigated the events presented, you and your attorney will discuss the chances of receiving financial compensation for damages. Your attorney will manage all communication, including speaking on your behalf to insurance companies. They will also handle any negotiations between parties. If both parties are unable to reach a settlement, your lawyer will represent you in court. By communication on your behalf, your legal team ensures that you are able to focus on honoring your grieving process with your family.
Call RKPT to discuss your case at (513) 721-3330.
