Cincinnati Wrongful Death Lawyer

Ohio Statute of Limitations for Wrongful Death

In Ohio, the statute of limitations for wrongful death lawsuits is generally set at two years from the date of the individual’s death.

Exceptions depend on the circumstances. Consult with an experienced Ohio attorney who understands wrongful death cases to get accurate and up-to-date information regarding the statute of limitations for your particular situation.

Laws can change over time, so seeking legal advice from a qualified attorney familiar with Ohio’s current laws and regulations is mandatory.

Who Can Serve as the Personal Representative of the Estate?

In Ohio, a personal representative of the estate is appointed to manage the affairs of a deceased person’s estate, including any legal matters such as a wrongful death lawsuit.

Ohio law provides guidelines for who may serve as a representative.

These individuals or entities may include:

• Executor Named in the Will: If the deceased person created a valid will and named an executor to administer the estate, that person will generally serve as the representative.
• Surviving Spouse: If the deceased person did not name an executor in their will, the surviving spouse may have the right to serve as the representative.
• Next of Kin: If there is no surviving spouse or named executor, the deceased person’s next of kin, such as adult children, parents, or siblings, may be eligible to serve.
• Court-Appointed Administrator: If there is no valid will or the named executor is unwilling or unable to serve, the court may appoint an administrator to act as the Personal Representative.

The specific rules and procedures for appointing a Personal Representative can vary depending on the circumstances, and it’s essential to follow Ohio’s probate laws and court processes when seeking or contesting such appointments.

Consulting with an experienced probate attorney in Ohio ensures compliance with the relevant legal requirements and facilitates the proper administration of the estate, including handling a wrongful death claim when necessary.

Types of Wrongful Death Claims

Wrongful death claims can arise from a wide range of circumstances where someone’s negligence, recklessness, or intentional actions lead to the death of another person.

Some common wrongful death claims include:

• Car Accidents: Fatalities resulting from car crashes, whether caused by a negligent driver, a defective vehicle component, or hazardous road conditions, often lead to wrongful death claims.
• Medical Malpractice: When a healthcare provider’s negligent actions or omissions result in a patient’s death, it can give rise to a wrongful death claim. Examples include surgical errors, misdiagnoses, medication mistakes, and inadequate patient care.
• Workplace Accidents: Fatal workplace accidents, including construction site incidents, industrial accidents, or exposure to hazardous substances, can lead to wrongful death claims, especially if safety regulations are violated.
• Product Liability: Defective products or equipment that cause fatal accidents, such as malfunctioning machinery, dangerous consumer products, or faulty medical devices, may lead to wrongful death claims against manufacturers or distributors.
• Premises Liability: Fatalities resulting from dangerous property conditions, such as slip and fall accidents, inadequate security leading to violence, or building code violations, can lead to wrongful death claims against property owners or operators.
• Nursing Home Abuse and Neglect: Wrongful death claims may result from elder abuse or neglect in nursing homes, leading to fatal injuries or medical complications for residents.
• Criminal Acts: Intentional criminal acts like assault, homicide, or manslaughter can give rise to wrongful death claims, even if a criminal case is pursued separately.
• Recreational and Sporting Accidents: Fatalities occurring during recreational activities, such as boating accidents, amusement park incidents, or sports-related injuries, may lead to wrongful death claims if negligence is involved.
• Aviation Accidents: Plane crashes or other accidents resulting in fatalities may lead to wrongful death claims against airlines, manufacturers, or other responsible parties.
• Dangerous Drugs: Fatalities linked to dangerous or defective prescription medications may lead to wrongful death claims against pharmaceutical companies or healthcare providers.

Consult an experienced wrongful death attorney to assess whether your specific circumstances warrant a wrongful death claim. A claim’s eligibility and potential success depend on the laws in your jurisdiction and the case details.

What Kind of Compensation is Available in Cincinnati Wrongful Death Claims?

In a wrongful death claim, the type and amount of compensation (also called “damages”) awarded vary depending on several factors, including the jurisdiction’s laws and the case’s specific circumstances.

Common types of compensation in a wrongful death claim include:

Economic Damages

• Medical Expenses: Compensation may cover medical costs incurred before the person’s death due to the injury or illness.
• Funeral and Burial Expenses: Expenses related to the deceased person’s funeral and burial can be recovered in a wrongful death claim.
• Lost Income: Surviving family members may be entitled to compensation for losing the deceased person’s income, including future earnings and benefits.

Non-Economic Damages

• Pain and Suffering: Compensation may be awarded for the physical and emotional pain and suffering endured by the deceased person before their death.
• Loss of Companionship: Surviving family members may receive compensation for the loss of companionship, guidance, and emotional support they would have received from the deceased.
• Loss of Consortium: This type of compensation may be available to the surviving spouse for losing marital benefits and companionship.

Punitive Damages

Punitive damages punish the defendant for particularly egregious conduct or deter similar behavior.

The specific damages in a wrongful death claim can vary by jurisdiction, so consult an experienced wrongful death attorney familiar with your area’s laws.

The amount of compensation awarded depends on various factors, including the severity of the wrongdoing, the financial and emotional impact on the surviving family members, and the responsible party’s available insurance coverage or assets.