Losing a loved one is an extremely painful and traumatic experience, especially if the death was caused by an accident that could have been prevented. In Ohio, the law recognizes that when a death is caused by the negligence or wrongful act of another person or entity, the surviving family members may be entitled to recover damages in a wrongful death lawsuit.
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Wrongful Death Law in Ohio
The Ohio Revised Code (ORC) defines wrongful death as a death caused by the "wrongful act, neglect, or default" of another person or entity. Under Ohio law, certain family members of the deceased person may file a wrongful death lawsuit to seek compensation for their losses.
In a wrongful death lawsuit, the burden of proof is on the plaintiff (the person bringing the lawsuit) to prove that the defendant (the person or entity being sued) was responsible for the death, and that they were negligent or engaged in wrongful conduct.
Who Can File a Wrongful Death Lawsuit in Ohio?
Ohio law specifies that only certain family members are eligible to bring a wrongful death lawsuit. The following individuals may bring a wrongful death lawsuit in Ohio:
- The surviving spouse, children or parents of the deceased person
- If the deceased person had no spouse, children or parents, then the siblings or other next of kin may file the lawsuit
Damages Available in a Wrongful Death Lawsuit in Ohio
In a wrongful death lawsuit, the plaintiff may be able to recover damages, which are monetary compensation for their losses. The types of damages that may be available in a wrongful death lawsuit in Ohio include:
Economic Damages
Economic damages are intended to compensate the plaintiff for specific financial losses they have suffered as a result of the death. Examples of economic damages that may be available in a wrongful death lawsuit include:
- Medical bills: If the deceased person incurred medical expenses before they died, the plaintiff may be able to recover those expenses in a wrongful death lawsuit.
- Funeral and burial expenses: The plaintiff may be able to recover the cost of the deceased person’s funeral and burial expenses.
- Lost wages and benefits: If the deceased person was the primary financial provider for their family, the plaintiff may be able to recover the loss of income and benefits that the family will experience as a result of the person’s death.
Non-Economic Damages
Non-economic damages are intended to compensate the plaintiff for losses that are not related to financial losses. These types of damages are more subjective and can be harder to quantify. Examples of non-economic damages that may be available in a wrongful death lawsuit include:
- Pain and suffering: The plaintiff may be able to recover damages for the emotional pain and suffering they have experienced as a result of the death of their loved one.
- Loss of companionship and consortium: The plaintiff may be able to recover damages for the loss of the love, affection, companionship, and support that they would have received from the deceased person if they had not died.
Punitive Damages
In some cases, the court may award punitive damages in a wrongful death lawsuit. Punitive damages are intended to punish the defendant for their actions and to discourage similar behavior in the future.
Statute of Limitations for Wrongful Death Lawsuits in Ohio
In Ohio, a wrongful death lawsuit must be filed within two years of the date of the person’s death. This is known as the statute of limitations. If the lawsuit is not filed within this time frame, the plaintiff may lose their right to recover damages.
Conclusion
Losing a loved one is one of the most difficult experiences a person can go through. If your loved one died as a result of the negligence or wrongful act of another person or entity, you may be entitled to recover damages in a wrongful death lawsuit in Ohio. An experienced personal injury attorney can help guide you through the legal process and ensure that you receive the compensation you deserve.