The law in Ohio imposes liability on individuals and businesses when they cause harm to others. In some cases, a party who was negligent or broke the law might have insurance to help compensate the people harmed by their behavior.
Other times, the party that harmed others through misconduct or negligence may not have insurance coverage available or may not have enough coverage based on the scope of the losses incurred. In situations where people lose family members, basic insurance coverage may not provide adequate compensation.
Families may need to consider pursuing a wrongful death lawsuit. There are several important rules that limit wrongful death lawsuits in Ohio. Plaintiffs and grieving family members need to understand the rules if they hope to pursue justice in the civil courts.
Only one person has the authority to file the lawsuit
Many different people may feel the practical and emotional consequences of a premature death. However, an emotional connection to the deceased party is not sufficient reason to take legal action. The state of Ohio limits wrongful death lawsuits by requiring that the personal representative of the decedent’s estate file the lawsuit. Family members and other concerned parties do not have the legal authority to initiate a wrongful death lawsuit under current Ohio statutes.
There is a limited time to file the lawsuit
Ohio has statutes that restrict how long legal action is possible after one party causes harm to another. In a wrongful death scenario, the personal representative of the estate usually only has two years from the date of the decedent’s death to initiate legal action. If they fail to do so, then they may not be able to seek compensation through the courts due to the delay.
Only certain parties receive compensation
Wrongful death lawsuits often focus on both economic and non-economic losses related to someone’s premature passing. If the lawsuit initiated by the personal representative of the estate is successful, they can request compensation based on the losses reported by immediate family members. Typically, the estate itself and the immediate family members of the deceased individual are the main beneficiaries of a successful wrongful death lawsuit. Spouses and children tend to experience the most profound financial impact from a premature passing, so they may receive the vast majority or all of the remaining resources after the estate covers basic expenses.
Determining whether a wrongful death lawsuit is possible, and estimating the amount of damages to seek, can be a difficult process. Those handling the estate of someone who passed suddenly may need help reviewing their situation to determine if taking legal action is appropriate. Seeking legal guidance is a good way to get started.