If a loved one passes because of another party’s negligence, it may be possible to take legal action against that party. Ohio law generally allows spouses, parents and children of the deceased to file a wrongful death lawsuit. However, others may also be granted standing if they can prove that they experienced a direct loss as result of the defendant’s actions.
Examples of wrongful death lawsuits
Sometimes the unthinkable happens. Accidents, mistakes, forgotten safety precautions – all may be at fault for a loved one’s death. While it is very hard to think about, filing a lawsuit against those at fault can help keep your family afloat financially in the difficult days and years ahead.
Every situation is different, but there are many times a lawsuit is needed. It may be appropriate to file a wrongful death claim after your spouse died in a car accident caused by a drunk driver. A wrongful death claim may be warranted if your parent passed away because of negligent nursing home staff or if your child suffered fatal injuries from a neighbor’s pet or by mistakes made by a doctor. In certain cases, you may be able to file a wrongful death lawsuit if a loved one died because of employer negligence.
Compensation the family may receive
A wrongful death suit may allow you to obtain compensation (damages) for emotional distress, lost wages or other economic losses that you may have incurred. It may also be possible to be compensated for the loss of the relationship that you had with a sibling, parent or other family member. Other damages may be available under state law depending on the facts of your case.
Obtaining a favorable result in a wrongful death case often depends on the strength of your evidence. It may be possible to use a police report, toxicology records or other information to help bolster the assertion that a loved one’s death was caused by a defendant’s negligence. You have two years from the date of your loved one’s passing to file a lawsuit.