After losing a loved one to negligence or wrongful acts, families often struggle with questions about their legal rights and options. A successful wrongful death claim can provide crucial financial support for dependent family members while holding responsible parties accountable.
However, Ohio law establishes specific guidelines about who can pursue this type of lawsuit. Knowing whether you qualify to file a Cincinnati wrongful death claim is the first step toward securing the compensation your family deserves.
The Personal Representative May File an Ohio Wrongful Death Claim
Some states allow certain family members to file wrongful death lawsuits, such as surviving spouses or children. In Cincinnati, this is not the case.
According to Ohio Rev. Code § 2125.02, the personal representative of the deceased person’s estate holds the exclusive right to file a wrongful death lawsuit. This representative, also known as the executor, serves as the legal voice for the deceased and their beneficiaries throughout the legal proceedings. In most cases, this individual is named in the deceased’s will.
Primary Beneficiaries According to Ohio Wrongful Death Laws
Although the personal representative is the person responsible for filing the lawsuit, they are not exclusively entitled to the final settlement. Instead, the court distributes this compensation among eligible surviving family members.
Surviving spouses, children, and parents are presumed by law to have suffered damages and are given priority as beneficiaries. Other relatives such as siblings or grandparents may also receive compensation if they can prove that they suffered compensable losses in court.
For surviving family members, damages in a wrongful death lawsuit may include:
- The loss of financial support that the deceased provided, including wages, benefits, pension, and future earning potential
- The loss of services that the deceased performed, such as household maintenance and childcare,
- The loss of prospective inheritance
- The loss of care, companionship, and guidance
- Mental anguish due to the loss of the deceased
What If the Deceased Did Not Name a Personal Representative?
When a person dies unexpectedly due to negligence, they may not name a personal representative or even leave a will behind. In these situations, the probate court steps in to appoint an administrator. This court-appointed representative assumes the same responsibilities and authority as a named personal representative so that the wrongful death lawsuit can move forward.
Discuss Your Eligibility with Monge & Associates Today
Determining who can file a wrongful death lawsuit is only one of the many considerations that go into filing a claim. Evidence must be gathered quickly to build a strong case, and time limits govern how long you can pursue legal action. Complex legal procedures and requirements must be carefully followed to protect your rights.
At Monge & Associates, we know how to navigate these procedures and guide families through this complex process with the compassion that they deserve. Our Cincinnati personal injury lawyers can help your family identify the personal representatives and identify all potential beneficiaries who may be entitled to compensation.
If you have lost a loved one due to someone else’s negligence or wrongful acts, you deserve justice—and we can help. Schedule a free consultation today by calling (513) 224-5591 and discuss your case with our wrongful death attorneys.