The wrongful death of a loved one can throw a family into crisis. While grieving, family members often have to deal with medical expenses and funeral costs as well as a loss of household income. Although soon after a loved one’s sudden death is an emotional and stressful time, pursuing a wrongful death action is a way to protect you and your family’s interests for the long term.
After a wrongful death, immediate family members should make a claim as soon as they can. In Ohio, there is a two-year statute of limitations to file a wrongful death suit that pursues compensation for loss of a loved one and their support.
What kinds of damages can you receive after a loved one’s death?
According to the State of Ohio’s Laws and Administrative Rules, compensatory damages are allowed to be awarded for wrongful death cases and may include damages such as:
- Loss of financial support based on the suspected earning capacity of the decedent
- Loss of services
- Loss of society, which may include a loss of companionship, care, attention, advice, counsel or other losses suffered by the decedent’s children, parents, spouse or other family members
- Loss of potential inheritances
- Mental anguish suffered by the decedent’s spouse, parents, children or other next of kin
Except for some special cases, civil actions for wrongful death cases are brought in the name of the personal representative of the estate when a claim is made in Ohio. That individual represents all those left behind who may benefit from the claim including the children, parents of the decedent and surviving spouse.
Wrongful death claims can be complex, which is why it’s often necessary to seek support for your claim. An experienced personal injury attorney can provide legal counsel and representation.
