Columbus Wrongful Death Lawyer
When a member of your family dies suddenly and unexpectedly, and due to certain circumstances, you may be able to file legal action. People involved in fatal accidents are sometimes the victim of wrongful death. Although no amount of compensation can bring back the compassion, caring, and support a loved one provided, it can help offset the financial burden caused by the death. Like every other state in the country, Ohio has its own set of state laws that govern wrongful death cases. Below, our Columbus wrongful death lawyer explains what these are.
How is Wrongful Death Defined in Columbus?
The Ohio statutes outline that a cause of action is created any time a death is caused by the wrongful act, neglect, or default of another person. Under the law, a wrongful death claim can be filed if the accident victim had survived the fatal accident and could have pursued a personal injury claim.
Wrongful acts typically encompass acts of violence, such as an assault. Negligence, on the other hand, refers to a breach of a person’s duty of care. Some of the most common types of negligence that result in wrongful death are car accidents, slip and falls, and defective products. While wrongful acts are usually intentional, negligent actions are not. Still, either can result in a wrongful death claim if the act results in another person’s death.
Who Can File a Wrongful Death Claim?
Wrongful death claims are intended to provide loved ones of the deceased compensation for certain losses, such as the loss of the decedent’s income that supported the household. As such, it is natural to assume that the deceased’s child or spouse could file a claim. In Ohio, that is not true.
State law specifically states that only the personal representative may bring a wrongful death claim. The personal representative is named in the deceased’s will or other estate planning documents. When a personal representative is not named, the probate court will appoint one. Although the personal representative is the only person who can file a claim, any damages awarded are distributed among the immediate family members.
Damages Available in Wrongful Death Claims
The financial compensation available in wrongful death claims is legally known as damages. The most common damages available in wrongful death cases are as follows:
- The financial support and estimated income the decedent would have provided if they had survived the accident
- The approximate value of child care services and household maintenance the deceased contributed to family members
- Any reduction to an inheritance caused by the untimely death
- Loss of companionship, guidance, and care sustained by surviving loved ones, and
- Mental anguish incurred by surviving family members after the death
Our Wrongful Death Lawyer in Columbus Can Assist with Your Case
During this difficult time, you should not also have to navigate a complicated legal system. At Oliver Law Office, our Columbus wrongful death lawyer is dedicated to helping families obtain the full and fair compensation they need to try and move on with their lives. We can help your family, too. Call or text us now at 614-220-9100 or contact us online to schedule a consultation.
