The death of a loved one in an unexpected manner is extremely difficult to deal with – especially when you are left with both your grief and looking to pursue a wrongful death claim on their behalf.

A wrongful death occurs when your loved one dies in relation to events that happen due to someone else’s negligence. This may include drunk driving, medical malpractice, dangerous working conditions or property conditions, and even defective products.
Below we discuss how to file a wrongful death claim in Ohio on behalf of a loved one.

Disclaimer: The following is not legal advice. It is general information meant to inform. Consult with a lawyer for legal advice and assistance.

Who Can Bring A Wrongful Death Claim in Ohio?

Under Ohio state law, a wrongful death claim can be filed in cases where, if the decedent had survived, they would have had the right to file a personal injury claim and seek damages from the negligent party.

The individual who the decedent has named as their personal representative will be the individual who can file a wrongful death claim, according to Section 2125.02 of the Ohio Revised Code.

The personal representative will file the claim “for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent.”

How to File a Wrongful Death Claim in Ohio

Wrongful death cases can be complex, with a number of different elements that need to be considered as you go to file a claim. Following the death of a loved one, a few elements will need to be demonstrated in your case:

• The death of your loved one has impacted you, affecting you in economic and non-economic losses. This will be considered damage.
• The cause of your loved one’s death was completely or partially caused by the defendant’s negligence.
• And negligence on the part of the defendant must be demonstrated. This will usually show that the defendant acted in a negligent or unreasonable manner or that they failed to perform reasonable steps that could have prevented the death of your loved one.

With that in mind, the following are typical steps that will be involved in the filing of a wrongful death claim.

1. Double check that you are the personal representative of your loved one. This is key to making sure that you have the legal right to file a claim on their behalf.
2. Speak with an experienced attorney. An attorney will be able to help you figure out if you have legal standing to pursue a wrongful death claim on behalf of the decedent and provide you with representation.
3. Collect relevant evidence to help build a strong case. This can include paperwork that documents lost income and medical bills following the wrongful death.
4. Your lawyer will typically determine the overall value of your claim next. This will include things like funeral and medical expenses, lost income, and other associated expenses.
5. Submission of your wrongful death claim will follow. Your lawyer will officially file your claim once all of the pertinent evidence is collected.

As someone who has recently lost a loved one and if you are considered the personal representative for said loved one, consider reaching out to a Columbus wrongful death attorney for a consultation on your individual case. They can help go through all of the details of the case and provide you with legal representation as you move to file a wrongful death claim.

Wrongful Death Statute of Limitations
One last element to keep in mind, now that you have a better understanding of how filing a wrongful death claim happens, is the statute of limitations in Ohio.

Just as with most legal proceedings, wrongful death claims have a statute of limitations that must be considered. In Ohio, that statute of limitations is two years.
That means that the personal representative of the decedent has to pursue a wrongful death claim within two years of the death. Missing that time period may mean your claim could face dismissal and you will have missed out on the opportunity for financial compensation and damages.

About The Author
Heit Law, LLC is a truck accident law firm based in Columbus, Ohio that works with clients from Columbus and the surrounding areas. Founder and Columbus wrongful death attorney Corey Heit handles cases from all walks of life where personal injuries are related, including wrongful death. All cases are handled on a contingency fee basis, meaning clients do not pay attorney fees unless their case is won. You can reach Heit Law over the phone or online to schedule a free and confidential consultation.