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  • Writer's pictureRobert Schuerger II

What Is Wrongful Death in Ohio? | Schuerger Shunnarah Trial Attorneys

A wrongful death act leading to someone's passing can result in a wrongful death claim. Ohio wrongful death law allows surviving family members, represented by a personal representative, to bring forth a lawsuit against the responsible party.

Probate court plays a central role in wrongful death cases. The personal representative often initiates the legal proceedings, representing the deceased person's estate and the interests of family members.

This legal process addresses financial matters, including funeral and burial costs. It provides a platform for the fair distribution of assets among other family members.

Filing a Wrongful Death Claim in Cincinnati, Ohio

Filing a Wrongful Death Claim in Cincinnati, Ohio

The emotional toll of losing a loved one due to a wrongful act is immeasurable. Ohio wrongful death lawsuits aim to ease some of the burdens faced by family members.

Beyond the financial aspects, these legal actions strive to bring a sense of accountability for the wrongful act that led to the tragedy.

One of the first considerations when filing a wrongful death claim in Cincinnati is determining who has the legal standing to bring forth the case.

The surviving spouse is first in line in an Ohio wrongful death claim. A legal partner of the deceased person can start a wrongful death action against the defendant and their insurance company.

Next of kin also includes dependent children and parents abandoned by the deceased victim. Experienced wrongful death attorneys can help all parties seek compensation in wrongful death claims.

Under Ohio law, a personal representative of the estate can also bring forth a wrongful death suit. They can file a claim when other direct family members are unable to do so.

After a successful wrongful death case, the representative will equally distribute the settlement among the surviving spouse, children, parents, and other family members.

A qualified Ohio wrongful death lawyer can help claimants understand the case's specifics. They can negotiate with the at-fault party's insurance company for reimbursement and advise on questions like How long do you have to file wrongful death in Ohio?

How Long Does It Take to Settle a Wrongful Death Lawsuit?

Families, already burdened by the emotional weight of loss, often wonder about the timeline for closure and justice. Setting realistic expectations is essential when considering the duration of a wrongful death lawsuit. Legal proceedings, by their nature, are complex and often unpredictable.

The timeline for resolution can vary widely. Many factors influence it. This includes the intricacies of the case, court schedules, and the cooperation of involved parties.

Some wrongful death claims may conclude relatively swiftly. Others may need more time to examine the evidence and legal arguments thoroughly.

Investigation and Evidence Collection

Gathering evidence, interviewing witnesses, and consulting experts are necessary to build a strong case.

The thoroughness of this process is vital. It lays the foundation for the legal arguments that unfold during the course of the Ohio wrongful death lawsuit.

Negotiations and Settlements

Parties may sometimes reach a settlement before the wrongful death lawsuit proceeds to trial. Other times, the plaintiff and defendant may disagree, adding uncertainty to the timeline.

Probate Court Proceedings

The court's schedule can also add complications to the wrongful death suit. Filing motions, evidence presentation, and cross-examination are time-consuming.

While the desire for a swift resolution is understandable, it's equally crucial to prioritize the thoroughness of the legal process to ensure justice. Hiring a wrongful death attorney is essential for victims wanting a successful wrongful death claim.

Average Compensation in a Wrongful Act Case

Determining the average compensation in a wrongful death case is complex. Each lawsuit is unique, shaped by the circumstances surrounding the wrongful act and the impact on the surviving family members. Factors that influence the settlement amount include the following:

  • Age and earning capacity of the deceased.

  • The extent of emotional distress.

  • Total financial losses of the family.

Beyond the tangible financial losses, compensation in Ohio wrongful death cases also accounts for the intangible elements of the tragedy.

Mental anguish and pain and suffering experienced by the surviving members are significant factors in determining the overall compensation. Though challenging to quantify, these aspects are essential in acknowledging the human impact of the wrongful act.

In Ohio, wrongful death claims can have an average settlement range of $500,000 to around $1 million. However, it's not a one-size-fits-all figure. The specific circumstances of each case, including the factors mentioned earlier, contribute to the final compensation awarded.

Ohio Wrongful Death Statute of Limitations

Time, often an intangible concept, takes on a concrete and critical role in wrongful death lawsuits. Under Ohio law, victims have two years to file a claim.

Failure to file within the period can result in losing the right to seek compensation and justice entirely. However, a few points can extend or shorten the timeline. The discovery of the act, the age of the deceased person, and the specifics of the case can impact the starting moment of the statutory timeframe. Experienced attorneys can navigate these complexities.

Timely action, guided by legal expertise, ensures the pursuit of justice aligns with the designated legal framework.

How Can a Wrongful Death Attorney Help Surviving Family Members?

How Can a Wrongful Death Attorney Help Surviving Family Members?

Grief is an overwhelming force that can leave people feeling lost and vulnerable. A wrongful death attorney serves as a pillar of support. They can provide clear and compassionate legal guidance during a time of turmoil.

A crucial aspect of a wrongful death attorney's role is investigating the circumstances surrounding the criminal act.

This includes gathering evidence, interviewing eyewitnesses, and consulting specialists to build a strong case. Many wrongful death cases reach a resolution through negotiation and settlement discussions.

A skilled wrongful death lawyer brings expertise to the negotiation table. They can advocate for fair and reasonable compensation on behalf of the survivors. Their active voice ensures the human aspect of the tragedy is not lost amid proceedings.

Final Words

In Ohio, wrongful death is more than a legal term. It's a profound loss that echoes through the lives of survivors.

The Schuerger Shunnarah Trial Attorneys understand this reality. It brings legal expertise and a genuine empathy for the human side of such cases. Boasting "We Go to War for You," the law firm helps clients find solace and closure amid heartbreak.


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