Things You Should Know before Filing a Wrongful Death Claim
Like any other negligence claim, there are particular laws that govern wrongful death lawsuits and the process of obtaining a settlement. Some of these include a statute of limitations, the person who the law allows to file a claim, and the circumstances of death.
The state of Ohio requires that:
- The claim is filed within two years of the decedent’s death.
- Only the executor of the estate or “personal representative” can file and bring a wrongful death claim to the court.
- Only a person can act as executor - companies and corporations may not act as executor
- If individuals are not immediate family (parents, children, spouse), they must prove in court that they have suffered a compensable loss.
The best way to make sure that everything is done correctly and that you have the best chance at success is to hire a skilled wrongful death attorney from the very beginning.
Specific Things You Can Sue for in a Wrongful Death Case
Any wrongful death case can seek damages for a number of things and different types of loss such as:
- Loss of financial support
- Loss of services performed by the deceased (child care, caretaking, etc.)
- Loss of companionship
- Loss of inheritance that would have been received if the decedent lived
- The mental and emotional anguish suffered as the result of an untimely death
In the wake of your own emotional shock, you may not be able to construct a complete list of damages or losses on your own. So it is important to go over these things with family as well as an attorney to help you determine exactly what to sue for in court.
With my extensive experience and expertise, I can help your family pursue just compensation for your loss. If you are unsure about how to present your case, I will talk with you and help you determine what to do next. Call my office to schedule a free consultation today.