Losing a loved one unexpectedly due to someone else’s negligence is an incredibly difficult experience. After your loved one’s death, you only have a limited time set by the applicable statute of limitations to pursue a lawsuit for damages. Ohio’s statute of limitations for most wrongful death claims is two years, with very few exceptions.
Staying on top of court deadlines is always hard, but doing so while grieving the loss of a family member can feel impossible. An experienced wrongful death attorney can help you handle the filing process and ensure you don’t miss a deadline while your family recovers.
Any number of accidents can lead to wrongful death. Workplace accidents, car crashes, and faulty machinery are just a few potential causes of action for a wrongful death case.
What Is the Statute of Limitations for Wrongful Death in Ohio?
Under Ohio Revised Code Section 2125.02, the statute of limitations for wrongful death in Ohio is two years from the date of the death. This time limit applies to nearly all circumstances leading to wrongful death claims. However, a few circumstances can affect the deadline for bringing a wrongful death claim.
Discovery Rule
Sometimes, the exact cause of death or the fact that it was wrongful may not be immediately apparent. In these cases, the statute of limitations is “tolled,” or paused, until you know or reasonably should know you have a legal claim.
Product Liability
Under Ohio state law, wrongful death claims arising from product liability claims must be filed within two years of the deceased’s death. However, product liability claims are also subject to a “statute of repose” of no later than 10 years after the first buyer purchased the product. This means that if an injury or death occurs more than 10 years after the product’s original sale, a plaintiff cannot sue the manufacturer regardless of whether they attempt to file within the two-year statute of limitations from the date of the accident.
If a wrongful death has resulted from a product defect, it’s important to consult an attorney immediately to ensure the deadline has not passed.
Medical Malpractice
Wrongful death claims based on medical malpractice must also be brought within two years of the deceased’s death. However, like product liability claims, medical malpractice claims are also subject to a statute of repose. For medical malpractice claims, this period is four years. This means that even if you try to file within the two-year wrongful death statute of limitations, you cannot bring a claim for medical malpractice more than four years after the malpractice occurred.
How Does an Ohio Wrongful Death Claim Work?
There are a few basic steps to filing a wrongful death claim in Ohio.
1. Determine Who Is Eligible to File a Claim
In Ohio, only the deceased’s personal representative can bring a wrongful death claim. The first step of filing a wrongful death claim is determining who is this party eligible to file the claim on the family’s behalf. The personal representative is either named in the decedent’s will or selected by the probate court.
2. Talk To an Ohio Wrongful Death Attorney
Trying to pursue a wrongful death lawsuit on your own is a difficult process. It’s challenging to navigate the relevant deadlines and laws that apply to your case. A knowledgeable Ohio wrongful death attorney can analyze your case, determine your options, and evaluate the likelihood of success.
3. Investigate and Gather Evidence of Wrongful Death
The strength of your wrongful death case depends heavily on the amount of evidence you have. Evidence such as police reports, photos and videos of the accident or the deceased’s injuries, medical records, and eyewitness testimony are all critical parts of any wrongful death case.
Your attorney will investigate and collect evidence to build the strongest possible case for your claim. Gervelis Law Firm’s Rapid Investigation Team will be on the scene within 24 hours to gather the key evidence you need for your wrongful death suit before it disappears. They will also interview witnesses while the events are still fresh in their memories.
4. Determine Who Is Liable for Damages
To file a wrongful death claim, you must determine who is liable for the decedent’s death. Sometimes, multiple parties might share blame. Those responsible could be an at-fault driver in a car crash, the manufacturer of a faulty piece of machinery, or a neglectful doctor who failed to provide adequate care to your loved one. Our wrongful death lawyers can pinpoint who is legally liable for your loved one’s death and file suit to hold them accountable.
5. Estimate the Losses You Suffered
Before filing a wrongful death suit, you’ll need a solid estimate of the damages resulting from your loved one’s death. Damages could include the deceased’s pain and suffering, the grief your family is experiencing, and medical and funeral bills, among other potential losses. An attorney can determine the damages you may be entitled to under Ohio state law.
6. File Your Wrongful Death Claim Before the Deadline
Once you know what your losses are and who may be responsible for paying them, you can file your wrongful death claim. Your lawyer will help you file correctly and meet the deadline set by Ohio’s statute of limitations.
7. Negotiate a Settlement and Fight for You in Court
Your attorney will negotiate with the opposition for a settlement that fully compensates your family for its losses. If a fair settlement can’t be reached at the negotiation table, your attorney will take your case to court and fight for you at trial. However, the majority of wrongful death claims never see the inside of a courtroom.
Who Can File a Wrongful Death Lawsuit?
Under Ohio law, only the personal representative for the deceased person’s estate can bring a wrongful death action death lawsuit. This person is usually explicitly designated in the decedent’s will. If the will does not specify a personal representative, a probate court may appoint one.
Although the deceased’s family members do not bring the suit directly, the compensation recovered is divided between the family members who suffered losses due to their loved one’s death. Typically, only immediate family members such as spouses, children, parents, and similar dependents are eligible to receive damages from a wrongful death suit.
However, in cases where more distant relatives such as grandparents or siblings can prove that they suffered a loss as a result of the deceased’s death, they may also be eligible to receive a portion of any damages awarded. These damages will be divided according to Ohio’s intestate laws concerning inheritance rights.
Contact Gervelis Law Firm Today
Legal deadlines such as statutes of limitations can make filing a wrongful death claim an even more complicated process for families who are already struggling. If you’ve lost a loved one in a wrongful death case and are looking to pursue a lawsuit, Gervelis Law Firm can help.
At Gervelis Law, our experienced Ohio personal injury attorneys work with accident victims every single day. We’ll keep you informed throughout the entire legal process, from the initial filing to receiving your verdict or settlement. Call (866) 622-4096 or contact us online today for your free legal consultation.
