Who Can Sue in the Case of Wrongful Death?
Columbus, Ohio
Each state enacts its own laws regarding who can sue in wrongful death cases. In Ohio, wrongful death claims must be brought on behalf of the surviving family members by the executor of the will or another representative appointed by the court. State laws can sometimes be confusing; therefore, you should consult an experienced wrongful death attorney to ensure that your claims are filed correctly and on time.
Robert W. Kerpsack Co., L.P.A., is an experienced wrongful death attorney who represents people across the United States in Ohio courts. Please contact our office today for a free initial consultation to discuss your legal options.
Beneficiaries
Many people may be affected emotionally and financially by the death of a loved one. In Ohio, wrongful death beneficiaries may include:
- Spouse
- Parent
- Child
- Sibling
- Grandparent
In a wrongful death case, beneficiaries must be shown to have suffered economic and/or non-economic damages as the result of the loss of the decedent. If no such damages have been suffered by a beneficiary, then the wrongful death claims of that beneficiary probably will not be successful.
Wrongful Death Cases
Before beneficiaries can recover damages in a wrongful death case, two things must be proven:
- The death was caused by the negligence or strict liability of the defendant
- The loss of the decedent caused monetary or other damages to the beneficiaries
Wrongful death damages in Ohio include:
- Loss of support
- Loss of services
- Loss of society
- Loss of prospective inheritance
- Mental anguish
- Funeral and burial expenses
When a wrongful death claim is successfully litigated or settled in Ohio, the recovered damages are distributed equitably to the decedent’s beneficiaries by order of the probate court in the county where the decedent resided. Sometimes, the probate court appoints a legal guardian to protect the interests of beneficiaries who are either minor child or mentally incompetent. Ohio probate courts also frequently order the proceeds of dependant children to be placed in a wrongful death trust until the child reaches twenty-five years of age.
While it may be difficult to consider filing a lawsuit shortly after the sudden and unexpected death of a loved one, it is important to know your potential legal rights and how to preserve them. To find out more about who can sue in the event of a wrongful death, please contact Columbus, Ohio wrongful death attorney Robert W. Kerpsack Co., L.P.A., to schedule a free initial consultation.
