Wrongful Death

Wrongful Death Lawyers in Sandusky

Blending Professional Counsel with Compassionate Care

When you lose a loved one due to the negligence of a stranger, you may understandably become distraught and overwhelmed with your grief. The thought of pursuing legal action against the liable party, no matter how necessary it may be, can seem like too much to bear. However, if you want to seek a sense of justice and closure for what happened, then you need to begin your wrongful death claim sooner than later.

At Murray & Murray, we are here to help support our friends, neighbors, and community members in Sandusky by providing compassionate, attentive legal representation for wrongful death claims. We take deliberate steps when managing a wrongful death claim to keep our clients comfortable and confident. We do not rush you into any decisions or leave you out of the loop. We are in this together, and we are motivated to secure justice in the name of your loved one who has passed on too soon.

Call our firm at(419) 664-3711 whenever you are ready to start your claim.

Who Can File a Wrongful Death Claim in Ohio?

Filing a wrongful death claim is a difficult process, both emotionally and legally. Ohio only recognizes a named representative of the deceased person’s estate as having the power to file a wrongful death claim or lawsuit. The personal representative might be named in a will or a trust administrator could be chosen.

If no estate plan exists or no party has been named as the estate’s personal representative, then Ohio’s estate planning laws for the intestate will likely be used, which generally results in a close family member becoming the representative.

The damages secured through a successful wrongful death claim do not go only to the personal representative, though. There is actually nothing that promises that the representative will have a valid wrongful death claim.

Instead, the representative is merely in charge of filing and managing the claim on behalf of the parties who can receive compensation according to Ohio’s wrongful death laws.

There are usually only three eligible claimants in an Ohio wrongful death claim:

  • Spouse
  • Children
  • Parents

Anyone else – such as siblings, grandparents, in-laws, etc. – will need to prepare a convincing argument and bring it to the court if they believe they deserve compensation for the wrongful death. When the deceased person has no surviving spouse, children, or parents, the claim could be filed in the name of their estate, which will collect any recoverable damages in place of an individual or individuals.

Understanding Wrongful Death Compensation in Ohio

The damages available through a wrongful death claim in Ohio are different from most other states in the way that the damages are largely based on calculations and speculation.

For example, a wrongful death claim in Ohio does not promise damages based on the medical expenses related to the deceased’s final care and treatments. Such damages would be pursued in a specialized case or through a typical personal injury claim.

The damages that are outlined in the state’s wrongful death laws are:

  • Earnings the deceased would have likely earned in their life and used to support the claimants.
  • Estimated value of around-the-home services provided by the deceased to the claimants.
  • Reduction in the inheritances that would have been given to spouses or children.
  • Perceived value of emotional support given by the deceased to the claimants.
  • Noneconomic damages based on the claimants’ pain, suffering, and grieving.

Wrongful Death Statute of Limitations in Ohio

Ohio uses a strict two-year statute of limitations for wrongful death claims, beginning on the actual date of the deceased’s passing. If you do not at least file a claim against the liable party within two years, the statute expires, and any future claims will be dismissed by the court.

This strict statute of limitations makes it all the more important to start thinking about how you can seek justice for your loved one and closure for yourself through a wrongful death claim. Time can fly quickly when you are grieving and recovering from such a traumatic event.

Make sure you do not miss such an important opportunity by leaving your case in the capable, caring hands of our Sandusky wrongful death lawyers from Murray & Murray. We have worked on numerous wrongful death claims throughout the years, including those originating from fatal car accidents, fatal motorcycle accidents, medical malpractice, and more.

Contact Us for a Free Consultation on Your Wrongful Death Claim

Commonly Asked Questions

Who is eligible to receive compensation from a wrongful death claim in Ohio?

In Ohio, the compensation from a wrongful death claim is typically distributed to the deceased's immediate family members. The primary eligible claimants are the spouse, children, and parents of the deceased. Other relatives, like siblings or grandparents, must present a compelling case to the court to be considered for compensation. If there are no surviving immediate family members, the damages may be awarded to the deceased's estate instead.

What types of damages are recoverable in an Ohio wrongful death claim?

Ohio's wrongful death laws allow for the recovery of several types of damages, which differ from other states. These include the projected earnings the deceased would have provided for the claimants, the value of services the deceased would have performed at home, the reduction in inheritances for spouses or children, the value of emotional support lost, and noneconomic damages for the claimants' pain, suffering, and grief. Notably, damages related to the deceased's final medical expenses are not covered under wrongful death claims but through other legal avenues.

What is the statute of limitations for filing a wrongful death claim in Ohio?

In Ohio, there is a two-year statute of limitations for wrongful death claims, which starts from the date of the deceased's passing. It is crucial to initiate the claim within this period, as failing to do so will likely result in the court dismissing any later claims. Given the strict nature of this deadline, it is important for those considering a wrongful death claim to act promptly to ensure they do not miss the opportunity to seek justice and closure.

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