Comprehensive Legal Services For Those Contending With Injuries And Disabilities

When can I file a wrongful death claim?

On Behalf of | Mar 25, 2022 | Wrongful Death |

Facing the death of a loved one after an accident can be devastating. In addition to overwhelming grief, you may be over your head in their final medical bills.

The stress of losing a loved one can make it difficult to make ends meet, especially if they were the primary provider for the household.

Here’s what you should know about filing a wrongful death claim in Ohio.

Who can make a claim?

While there may be many people who feel the loss of someone who dies as a result of a wrongful act, a wrongful death claim is limited to the decedent’s closest relatives, such as:

  • Spouse
  • Children
  • Surviving parents

In some cases, other family members can bring a claim but will need to prove that they experienced a direct loss to bring a claim.

When it is time to file a wrongful death claim, the estate’s personal representative makes a claim on behalf of the affected family members.

When do I start the process?

There is a statute of limitations in Ohio on wrongful death claims. Ideally, you should start the process as soon as possible, but the statute allows for up to two years from the date of death to make a wrongful death claim.

What will I need to prove?

In order to bring a successful wrongful death claim, you will need to prove all of the following:

  • Your loved one’s death
  • A claim brought within two years of their death
  • That the act that caused their death would have entitled the decedent to a claim had they not died
  • The decedent was survived by a spouse or otherwise qualified next of kin
  • The surviving next of kin suffered damages as the result of the death

No amount of money can bring back your loved one, but a wrongful death claim can give you the support you need in the wake of your loss. Making a wrongful death claim can be complex, so talking to a skilled professional about your claim is essential.