MANSFIELD’S INJURY LAWYER

Who can file a wrongful death lawsuit in Ohio?

People make mistakes every day, and most of the time, someone’s negligence or bad behavior will have consequences only for that one person. Sadly, some decisions, like the decision to drive drunk, could ripple out and affect other people negatively.

If you find yourself in a situation where someone else directly caused the death of a person you love, you may find yourself wondering if you have the right to take action and seek justice for your loss.

Wrongful death claims are a way to compensate the surviving loved ones of a person who loses their life to the misbehavior or negligence of another person. If the person could have brought a personal injury lawsuit if they survived, their family members can likely bring a wrongful death lawsuit in their stead. Who has the right to seek such compensation under Ohio law?

Claims usually come from a representative of the deceased

Ohio’s statutes state that a personal representative of the deceased is the one who will typically bring a wrongful death lawsuit against the responsible parties. Depending on the circumstances, that individual could be the person named as the executor of the estate or a close family member appointed as executor by the courts.

In most cases, compensation sought through a wrongful death lawsuit in Ohio will go either to the spouse, children or parents of the deceased party. Only in circumstances where the deceased did not have any of those direct family members still living will more distant family members have the right to compensation under the wrongful death statute.