Wrongful Death Attorney in Columbus
Need to make a wrongful death claim? Call (614) 321-3212.
There is no price tag that can be placed on someone's life. When negligence
and carelessness cause another person to lose their life, the loss is
insurmountable and goes far beyond mere medical expenses and lost wages.
Because the death could have been prevented, there is certain legal measures
the family can take in order to recover compensation. These claims are
known as wrongful death and because of the extent of injury, or rather,
the complete loss of life, these types of cases often conclude in larger
settlement or verdict amounts.
If your family member died because of someone else's mistake or wrongdoing,
you may have grounds to pursue compensation with a wrongful death claim.
This money is not intended to replace the absence you have been forced
to deal with but rather to assist you with meeting the financial burdens
you may be faced with because of your great loss. At
Rourke and Blumenthal, our Columbus
personal injury attorneys approach wrongful death claims with a great deal of compassion
towards our client as they grieve their loss. However, we also approach
them with the determination of achieving a just outcome and holding the
negligent party responsible for what their actions have caused.
Why file a wrongful death claim?
The death of a person comes with a great deal of burden and pain for the
family. Compensation from a wrongful death claim is intended to alleviate
any unnecessary financial troubles brought on by this sudden and untimely
death. These financial burdens include:
- Emergency medical services
- Medical expenses
- The loss of financial support from income
- Funeral and burial costs
Wrongful death claims may also involve the claim of punitive damages. Punitive
damages are claimed when the action or inaction of the defendant are thought
to have been markedly malicious or reckless. The added amount to be paid
by the defendant is intended as a form of civil discipline but the final
amount is added to the award given to the family of the victim.
Filing a Wrongful Death Lawsuit
In Ohio, only a personal representative of the decedent’s estate
can actually file a wrongful death claim with the proper court. This does
not mean that only this personal representative can benefit from any settlements
rewarded through the claim.
Surviving family members that can be listed as beneficiaries in a wrongful
death claim are:
- Adopted children
Any other relative, no matter how close they were to the decedent, does
not have legal precedence to gain compensation. They will need to make
an argument with the court as to why they should be rewarded a percentage
of any settlements. This may create a conflict among surviving family
members who did have automatic legal right to compensatory damages.
Wrongful Death Statutes in Ohio
A wrongful death filing must be filed within
two years after the decedent passes away. If this time limit is not respected, a
statute of limitations will trigger and render any cases invalid, no matter
how much evidence of liability supports it. The defendant of a wrongful
death lawsuit that is filed after the statute expires can ask the court
to throw out the case, and the court must do so.
There are several exceptions to the two-year statute, including:
Medical malpractice: If it is shown that medical malpractice caused or significantly contributed
to the factors that resulted in your loved one’s death, you likely
one year to create the lawsuit.
Defective products: Sometimes it can take years to realize a product is defective and life-threatening,
such as is the case with
dangerous prescriptions. For this reason, Ohio permits an extended
ten year statute of limitations for wrongful deaths caused by products.
Death of liable party: If the party responsible for your loved one’s death also passes away
in the same incident, the statute of limitations may be as minimal as
six months. It is crucial that you speak to a Columbus wrongful death attorney as
soon as possible to make certain your case will not be restricted by this
small time frame.
Contact Our Firm For Helpful Guidance
If you are looking for more information about wrongful death claims, we
urge you to
contact a Columbus wrongful death lawyer at our firm soon. The statute of limitations for a wrongful death claim
in Ohio is just two years. Let us assist you in this difficult time by
helping you find financial stability so that you can focus on adjusting
to this tragedy.
Schedule a free, no-obligation case consultation with a personal injury
attorney at our firm to learn more about what we can do for you.