If a loved one recently passed away due to the negligence of another person or entity, you may be feeling alone, overwhelmed, and most of all, angry. These are all perfectly normal emotions to be feeling. However, they will not help you right the wrong: What will, is a wrongful death lawsuit.
After the death of a loved one, surviving family members in Ohio have two legal options for keeping negligent parties accountable: survivorship claims and wrongful death lawsuits. The key difference between the two is that the deceased person’s estate recovers any damages for a survivorship claim and a survivorship claim can include punitive damages. By contrast, the surviving heirs recover compensation for a wrongful death claim, which cannot include punitive damages.
The law additionally specifies that wrongful death claims are available if the deceased would have been able to maintain an action and recover damages if death had not occurred.
In Ohio, the person who is named as the family representative of the deceased individual’s estate is the party that must file the action. The personal representative may either be designated in the deceased individual’s will or may be appointed by the probate court.
In order to bring a wrongful death lawsuit, you must prove four elements to be true. Those include:
Whether you are the surviving heir of a deceased individual or an interested party, and if you believe that the deceased was the victim of wrongful death, call the wrongful death attorneys at The VanNoy Firm to discuss your legal options. Keep in mind that you only have a limited period of time to file, so do not hesitate and contact our office today.
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