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Who can file a wrongful death claim in Ohio?

On Behalf of | Mar 30, 2015 | Wrongful Death

Individuals who have had a family member die as a result of the wrongful acts of another have which commonly referred to as a wrongful death claim. Wrongful death claims are governed by law in the State where the accident occurred. For example, if an accident occurred in Ohio, the families ability to recover damages for the loss is governed by Ohio Revised Code section 2125.02.

This statute says that a civil action for wrongful death is brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children and the parents of the decedent. The damages recoverable are based upon the following factors per Ohio Revised Code section 2125.02 section B:

(B) Compensatory damages may be awarded in a civil action for wrongful death and may include damages for the following:

(1) Loss of support from the reasonably expected earning capacity of the decedent;

(2) Loss of services of the decedent;

(3) Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent;

(4) Loss of prospective inheritance to the decedent’s heirs at law at the time of the decedent’s death;

(5) The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.

In order to prosecute a wrongful death civil action, the “personal representative” has to be appointed as a fiduciary of the estate of the person who died. What that means is that the estate has opened in probate court in the county where the person who died lived. This sounds complicated, but in reality it’s just a formality, even if the decedent didn’t have a will. The lawyers at The Robenalt Law Firm who prosecute wrongful death civil cases will provide these probate estate services without any charge for expense.

If you have a loved one or a close friend who has been the victim of an accident that was caused by the negligence of another, call The Robenalt Law Firm and we will fight for your rights. Fighting insurance companies and big corporations is what we do, day in and day out. Experience and personal service are the keys to success.