Wrongful Death Law in Ohio

If an immediate family member died due to the negligence of another, you may be able to pursue financial compensation through a wrongful death lawsuit.

2012-07-27

COLUMBUS, OH, July 27, 2012 (Press-News.org) If an immediate family member died due to the negligence of another, you may be able to pursue financial compensation through a wrongful death lawsuit.

Although no amount of compensation can replace a loved one, a successful wrongful death claim can help ensure that you and your remaining family have financial security. Like many states, Ohio wrongful death law is complicated and is best navigated with the help of a qualified wrongful death attorney.

Wrongful death lawsuits in Ohio are governed by statutes RC 2125.01 and 2125.02. Following is some basic information about wrongful death law in Ohio.

In Ohio, only the "personal representative" of the victim can file a wrongful death claim. In cases in which a victim did not have a will identifying an executor or did not have a will at all, the probate court will appoint an administrator.

Compensation from wrongful death lawsuits may be provided for the benefit of the victim's surviving immediate family. Financial compensation a wrongful death claim may include money for:

- Loss of support - the estimated earning capacity of the victim
- Loss of services
- Loss of prospective inheritance to the victim's heirs
- Loss of society - care, companionship, consortium, etc.
- Mental anguish

Loss of support, services and prospective inheritance are considered economic losses and often require witness testimony from an economic expert. Loss of society and mental anguish are considered noneconomic losses and do not require expert testimony.

Ohio law also allows surviving family members to recover damages for a victim's conscious pain and suffering before he or she died. Although statutes 2125.01 and 2125.03 are wrongful death statutes and thus do not cover these "survivorship" damages, a victim's family can include a claim for this type of damage in a wrongful death lawsuit.

If you live in Ohio and recently lost a loved one due to the negligent act of another, please visit the website of the experienced Columbus, Ohio, wrongful death attorneys at Robert W. Kerpsack Co., L.P.A at http://rwklaw.com.

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