Can I Pursue A Personal Injury Case On Behalf Of A Deceased Loved One In Ohio?

Dealing with injuries and the loss of a loved one can be a traumatic experience. When you lose someone to a personal injury incident, you may wonder if you can pursue a personal injury case on their behalf. In Ohio, there are specific laws governing such cases, and it’s essential to be informed about them if you’re considering taking legal action. In this article, we’ll explore the answer to this question and clarify any confusion surrounding the topic.

What is a Personal Injury Case?

A personal injury case is a type of legal case wherein a person seeks compensation for a physical injury, illness, or death. The person who brings the case forward (the plaintiff) claims that the injury or illness was caused by the actions or negligence of another party (the defendant). Personal injury cases typically fall under tort law, which allows individuals to sue for damages when they have suffered harm due to someone else’s actions.

Can You Pursue a Personal Injury Case on Behalf of a Deceased Loved One in Ohio?

Yes, in Ohio, you can pursue a personal injury case on behalf of a deceased loved one. The law recognizes that a deceased person’s heirs and beneficiaries have legal rights to pursue personal injury claims on their behalf. The personal injury lawsuit would effectively be "brought" by the deceased person’s estate, with the estate’s appointed executor or administrator acting as the legal representative. The compensation awarded in such a case would go to the deceased person’s estate or beneficiaries.

Who Can Pursue a Personal Injury Case on Behalf of a Deceased Loved One?

In Ohio, only the administrator or executor of a deceased person’s estate can bring a wrongful death or personal injury claim on behalf of their estate. The administrator or executor is usually appointed by the probate court, and their role is to manage the deceased person’s estate. In cases where the decedent did not appoint an executor in their will, the court will appoint one, usually a close family member.

The Time Limit to File a Personal Injury Case on Behalf of a Deceased Loved One

In Ohio, there is a statute of limitations governing personal injury cases brought on behalf of a deceased loved one. Generally, the plaintiff must file the case within two years of the date of the deceased person’s injury or death. However, there are exceptions to this rule, such as in cases where the injury or death was caused by medical malpractice or occupational disease. It’s always a good idea to consult with a personal injury attorney to understand your legal options fully.

Damages that Can Be Recovered

If you’re pursuing a personal injury case on behalf of a deceased loved one in Ohio, you may be eligible for various types of compensation. These include:

Economic Damages

Economic damages refer to the tangible financial losses suffered as a result of an injury or death. For example, these may include things like medical bills, lost wages, funeral expenses, and loss of support.

Non-Economic Damages

Non-economic damages refer to the intangible losses like pain and suffering that are more challenging to quantify. In Ohio, these may include:

  • Loss of companionship and consortium
  • Loss of society and affection
  • Loss of emotional support
  • Loss of services

Punitive Damages

Punitive damages are awarded in extreme cases where the defendant’s behavior is found to be particularly egregious. These damages are intended to punish the defendant rather than compensate the plaintiff.

Contact a Personal Injury Attorney

If you’re considering pursuing a personal injury case on behalf of a deceased loved one in Ohio, it’s essential to consult with a knowledgeable personal injury attorney. A lawyer experienced in this area of law can help you navigate the legal process, protect your rights and interests, and ensure that you receive the compensation you deserve. With their help, you can achieve closure and justice for your loved one.

Conclusion

Losing a loved one to personal injury can be devastating. If you’re considering pursuing a personal injury case on their behalf in Ohio, it’s important to be aware of the laws surrounding such cases. Remember that only the appointed executor or administrator of the deceased person’s estate can bring a wrongful death or personal injury claim. If you have questions or are ready to move forward with your case, contact a personal injury attorney who can guide you through the legal process.

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