Losing a loved one due to someone else’s negligence is devastating, and pursuing justice can feel overwhelming. The compassionate attorneys at Obral Silk & Pal Personal Injury Lawyers are here to support Wadsworth families through this difficult time. A wrongful death lawyer on our team will work tirelessly to hold the responsible parties accountable. Reach out today for a free consultation at 216-529-9377.
Understanding Who Can Pursue a Wrongful Death Claim in Ohio
Losing a loved one unexpectedly is a devastating experience. When their death is caused by someone else’s negligence, the emotional pain is often accompanied by financial stress and legal questions. In these difficult moments, families may consider filing a wrongful death claim to hold the responsible party accountable and seek compensation for their loss.
In Ohio, wrongful death cases follow specific rules. Not everyone who was close to the deceased can file a claim. State law outlines who has the right to file and how any damages awarded are distributed. If you live in Wadsworth or anywhere in Ohio and are considering legal action after a fatal accident, understanding these rules is an important first step.
What Is Considered a Wrongful Death in Ohio
A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. These cases are civil, not criminal, which means they are focused on compensation rather than punishment.
Wrongful death claims often stem from:
- Car or motorcycle accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Dangerous property conditions
- Acts of violence
To succeed in a wrongful death claim, the party bringing the case must prove that the death was caused by another’s wrongful actions and that surviving family members suffered damages as a result.
Who Is Allowed to File the Lawsuit
Ohio law is clear about who has the legal right to file a wrongful death lawsuit. Unlike some states where close family members can file directly, Ohio requires the claim to be filed by the personal representative of the deceased person’s estate.
The personal representative may be:
- Named in the deceased’s will
- Appointed by the probate court if no will exists
This representative files the lawsuit on behalf of the surviving family members who are entitled to receive compensation. The representative doesn’t keep the award personally but acts in the interest of the beneficiaries.
Who Can Benefit from a Wrongful Death Lawsuit
Although only the personal representative can file the claim, several people may be eligible to receive compensation if the lawsuit is successful. Under Ohio law, the following individuals are presumed to have suffered a loss:
- The surviving spouse
- Children (including adopted children)
- Parents of the deceased
These individuals are known as statutory beneficiaries. Other relatives may also be eligible for compensation if they can prove they experienced a direct loss due to the death, but they are not automatically presumed to qualify.
What Damages Can Be Recovered
A wrongful death claim can include several types of compensation, depending on the circumstances. The goal is to provide financial support to those who relied on the deceased and to compensate for the personal and emotional losses that come with such a tragedy.
Damages in an Ohio wrongful death case may include:
- Loss of financial support the deceased would have provided
- Loss of companionship, guidance, and care
- Loss of services, such as childcare or household support
- Mental anguish experienced by surviving family members
- Funeral and burial expenses
- Medical expenses related to the final injury or illness
Every case is different. The amount awarded depends on many factors, including the age and income of the deceased, the needs of surviving dependents, and the nature of the relationship between the deceased and the beneficiaries.
How Compensation Is Divided
Even though the personal representative files the lawsuit, they do not decide how the money is divided. The probate court determines how to distribute the compensation among the eligible beneficiaries. In many cases, the presumed beneficiaries—spouse, children, and parents—receive most or all of the award. If there is a dispute about how the funds should be divided, the court may hold a hearing and consider evidence to make a fair determination.
Time Limits for Filing a Wrongful Death Claim
In Ohio, there is a statute of limitations for filing a wrongful death lawsuit. The general time limit is two years from the date of death. If the lawsuit is not filed within that period, the court will likely dismiss the case.
There are limited exceptions to this rule. For example, if the responsible party is not immediately known, the clock may begin once they are identified. Still, it’s best not to wait. Speaking with an attorney soon after the death helps preserve evidence and avoid issues with missed deadlines.
What to Do After a Fatal Accident
If your family member has died because of someone else’s actions, taking the right steps early can protect your rights and your ability to recover compensation. Here’s what to consider:
- Gather information – Collect police reports, medical records, or anything else that documents the cause of death.
- Identify the personal representative – If there is a will, determine who is named as executor. If not, the court will appoint someone.
- Contact an experienced attorney – Wrongful death claims are complex. A lawyer can guide you through the legal process, build a strong case, and represent your family’s interests.
It’s also important to avoid speaking with insurance companies without legal advice. They may offer a settlement that doesn’t reflect the full value of your claim, especially if the case involves a commercial vehicle, defective product, or corporate liability.
How a Wrongful Death Attorney Can Help
Wrongful death lawsuits are more than legal procedures—they are deeply personal matters that involve grieving families and difficult circumstances. A skilled attorney will not only understand the law but also know how to approach these cases with the care and respect they require.
Compassionate Guidance from a Wadsworth Wrongful Death Attorney
No family should have to navigate the loss of a loved one alone. A wrongful death attorney from Obral Silk & Pal Personal Injury Lawyers can help you seek justice and financial relief while treating your case with the care and respect it deserves. If you’ve lost someone due to another’s negligence, contact our Wadsworth office at 216-529-9377 for a free and confidential consultation.