At HMW Law – Ohio Trial Attorneys, our wrongful death lawyers in Westlake have represented Ohio clients since 2002 and bring more than 60 years of combined legal experience to the cases we accept. We understand that these claims require both careful legal work and clear communication with the people left behind.
If your family is considering legal action after a fatal incident, contact us for a free consultation with our Westlake personal injury lawyers.
What Is a Wrongful Death Claim?
Ohio law allows a wrongful death action when a person dies because of a wrongful act, neglect, or default that would have allowed the injured person to pursue a claim if they had survived.
That means the underlying conduct could involve negligence, such as careless driving or unsafe property conditions, or another legally wrongful act that caused the death.
A wrongful death lawsuit is a civil action. It is separate from any criminal investigation or prosecution arising from the same incident, and a family may have a civil claim even when no criminal charges are filed.
For a free legal consultation with a Criminal Defense lawyer serving Westlake, call 216-774-0000
Filing an Ohio Wrongful Death Lawsuit
Family members do not usually file an Ohio wrongful death lawsuit individually. Under Ohio Revised Code Section 2125.02, the action is brought in the name of the deceased person’s personal representative. The personal representative is generally the executor or administrator appointed to act for the estate.
The lawsuit is brought for the benefit of qualifying beneficiaries, which can include:
- The surviving spouse.
- Children of the deceased.
- Parents of the deceased.
- Other next of kin who qualify under Ohio law.
Ohio law presumes that a surviving spouse, children, and parents suffered damages from the death. Other next of kin may also recover when they can establish a compensable loss.
Westlake Wrongful Death Lawyer Near Me 216-774-0000
When Can a Family Bring a Wrongful Death Claim?
A claim may exist when another party’s wrongful conduct caused a death that otherwise would have supported a personal injury lawsuit.
Examples include:
- Fatal car and motorcycle collisions.
- Commercial truck crashes.
- Pedestrian and bicycle deaths.
- Medical negligence.
- Nursing home abuse or neglect.
- Dangerous property conditions.
- Defective products.
- Certain workplace or construction incidents.
- Other fatal events caused by negligent or wrongful conduct.
Our wrongful death attorneys in Westlake can determine which law applies to the underlying event and which defendants may be responsible.
Click to contact our wrongful death lawyers today
What Must Be Proven in a Wrongful Death Case?
The exact elements depend on how the death occurred. In a negligence-based case, the evidence generally must establish that the defendant owed a legal duty, breached that duty, and caused the death.
For example, a fatal collision may require proof that a driver violated traffic laws or failed to use reasonable care. A medical negligence case may require qualified medical testimony showing that a provider failed to meet the applicable standard of care and that the failure caused the patient’s death.
We focus on answering four practical questions:
- What conduct caused the death?
- Who was legally responsible for that conduct?
- What evidence proves the connection between the conduct and the death?
- What losses did the surviving beneficiaries suffer?
Complete a Free Case Evaluation form now
Damages Available in an Ohio Wrongful Death Claim
Ohio wrongful death damages focus primarily on losses suffered by the surviving beneficiaries because of the death.
Under Ohio Revised Code Section 2125.02, compensatory damages may include the following:
Loss of Financial Support
A claim may include the financial support the deceased person would reasonably have been expected to provide during their lifetime.
Evidence may include earnings, employment history, career trajectory, benefits, and dependents’ financial needs.
Loss of Services
Services are not limited to paid work. They can include childcare, household work, transportation, maintenance, caregiving, and other contributions the deceased person regularly made to the family.
Loss of Society
Ohio law permits recovery for the loss of personal relationships and support, including companionship, consortium, care, assistance, protection, advice, guidance, instruction, and similar losses.
Loss of Prospective Inheritance
Heirs may also seek compensation for the inheritance they reasonably would have expected to receive if the deceased person had lived.
Mental Anguish
Qualifying beneficiaries may recover damages for the grief and mental anguish caused by the death.
Reasonable funeral and burial expenses may also be awarded.
How Are Wrongful Death Settlement Proceeds Divided?
Ohio law generally requires the probate court to distribute wrongful death proceeds equitably based on the injury and loss suffered by each beneficiary, as well as factors such as the beneficiaries’ age and condition. In certain situations, beneficiaries who are equally related to the deceased may agree among themselves on how to divide the proceeds.
For example, a surviving spouse, an adult child, and a minor child may have experienced the death differently. Their financial dependence, relationship with the deceased, and individual losses may all be relevant when allocating proceeds.
Funeral and burial expenses are handled separately and are paid or reimbursed through the personal representative as provided by Ohio law.
How Long Do You Have to File a Wrongful Death Lawsuit in Ohio?
Ohio generally requires a wrongful death lawsuit to be commenced within two years after the date of death.
There are statutory exceptions, including special rules involving certain product liability claims, so the correct deadline should be determined from the facts rather than assumed.
Waiting can also create evidence problems before the filing period expires. Video can be overwritten, vehicles can be repaired, records can become harder to obtain, and witnesses may become difficult to locate.
Why Clients Choose HMW Law
At HMW Law, we focus our work within defined practice areas rather than operating as general practitioners. Families who work with us can expect:
- Careful case selection so we can give accepted cases focused attention.
- Direct and responsive communication with our legal team.
- Technology that helps keep clients informed.
- Attorneys who place a high value on character and integrity.
- Compassionate treatment of families dealing with a serious loss.
- Trial-focused representation when defendants or insurers refuse to resolve a supported claim fairly.
We understand that a wrongful death case involves decisions that affect several members of a family. We make a point of explaining those decisions clearly rather than leaving you uncertain about the legal process.
Discuss Your Claim With a Westlake Wrongful Death Lawyer Today
If another person or company caused your family member’s death, there may be a limited period to take legal action. HMW Law can determine who has authority to bring the claim, identify the losses Ohio law allows beneficiaries to pursue, and assess the evidence supporting liability.
Contact us for a free consultation with a Westlake wrongful death lawyer. We can give you a clear assessment of whether your family has grounds to pursue a claim.
Call or text 216-774-0000 or complete a Free Case Evaluation form