A wrongful death claim is a suit that arises from the death of an individual that was caused by the wrongful act, negligence or default of another person.

A wrongful death suit is different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing the suit, but rather, it is the family members of the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family members and/or estate have suffered due to the death of the victim.

The purpose of a wrongful death suit is to provide relief to family members who have been emotionally and financially injured due to the family member’s death.

To file a wrongful death suit in the State of Ohio, you must show that:

• The death of a person was caused by a wrongful act, neglect or default;
• The act, neglect or default would have entitled the injured person to file an action to recover had the death not occurred (O.R.C. Ann. § 2125.02);
• There are surviving beneficiaries, children, or dependents of the victim (O.R.C. Ann. § 2125.02);
• Monetary damages have resulted from the decedent’s death.

Do I have a case?

Ohio law makes a distinction between persons who can file a wrongful death suit and persons who are beneficiaries. Only certain individuals can file wrongful death claims and those that are allowed to do so sue on behalf of others.

What can I do?

In all matters involving wrongful death it is essential that measures be taken to promptly preserve evidence, investigate the accident in question and to file a lawsuit prior to the deadline imposed by the statute of limitations.

Has a loved one has been the victim of wrongful death?

Please contact The Plymale Partnership, LLP at (614) LAW-8000 / (800) 221-6675. You need a lawyer that has extensive experience with wrongful death.

To see if you have a valid claim for a Wrongful Death and to have a qualified attorney set up a private consultation to review the circumstances of your case, click on the button below.