When negligence or wrongful acts contribute to a loved one’s death, Cincinnati families have the right to seek justice through the courts. Wrongful death lawsuits allow families to recover compensation and hold the at-fault party accountable for their role in the deceased’s passing. If you have recently lost a loved one, recognizing when you have a valid claim is the first step toward securing the justice your family deserves. An experienced Cincinnati wrongful death lawyer may be able to assist your family in your time of need.
Understanding Ohio’s Statute of Limitations
The statute of limitations establishes strict time limits for filing wrongful death lawsuits. In Ohio, the personal representative must file the claim within two years of the date of death. Failing to meet this deadline typically results in the court dismissing the case, permanently barring the family from seeking compensation.
However, certain circumstances may extend this filing deadline. Under the discovery rule, the two-year period may not begin until the family discovers, or reasonably should have discovered, that they had grounds for a wrongful death claim. This usually applies to cases where the cause of death was not immediately apparent or when new evidence emerges after the fact.
Qualifying Circumstances for Wrongful Death Claims
Wrongful death incidents arise when someone passes away due to the wrongful act, neglect, or default of another. In more simple terms, if the deceased could have filed a Cincinnati personal injury lawsuit had they survived, the family is likely entitled to a wrongful death lawsuit. These cases can involve negligence-based accidents, intentional acts, or professional malpractice.
For example, a distracted driver who runs a red light and fatally collides with another vehicle can be held liable for wrongful death. A surgeon who makes a catastrophic error during a routine procedure, resulting in the patient’s death, may face a medical malpractice wrongful death claim.
If you recently lost a loved one and are unsure whether you qualify for legal action, speak to an attorney right away. A wrongful death lawyer will thoroughly investigate the circumstances surrounding your loved one’s passing, analyzing medical records, accident reports, and witness statements to determine liability. They can then explain your legal rights and develop a strategic plan to pursue the maximum compensation available.
Parties Eligible to File a Cincinnati Wrongful Death Lawsuit
Ohio law specifically designates the personal representative of the deceased’s estate as the only party who can file a wrongful death lawsuit. This representative, also known as the executor, is usually named in the deceased’s will. In cases without a will, the court appoints an administrator to serve in this capacity. While the personal representative files the claim, the lawsuit benefits surviving family members, including the spouse, children, and parents of the deceased.
Start Your Claim Before Time Runs Out
If you lost a loved one due to another person’s negligence in Cincinnati, your family may have grounds to pursue a wrongful death lawsuit. However, time is of the essence. Waiting too long to file may result in the loss of your right to seek compensation. In these situations, speak to a Cincinnati wrongful death lawyer at Monge & Associates today.
Our attorneys will work diligently to hold the at-fault party accountable and seek justice for your loved one. Contact us at (513) 224-5591 to schedule a confidential consultation and learn how we can help secure the compensation your family deserves.