Who Can File a Wrongful Death Claim?

If you’ve lost a loved one due to someone else’s actions, you are understandably heartbroken, angry, and confused. You may have heard about the possibility of filing a wrongful death claim, but you might not be sure where to begin or who is authorized to make such a claim. Our team at Lafferty Gallagher & Scott, LLC cannot fully comprehend the emotional turmoil you are experiencing during this profoundly difficult time. However, we aim to ease this overwhelming burden by providing valuable insight into wrongful death claims, including the criteria that constitute grounds for a claim, who is permitted to file, and how to initiate the process.

Criteria for a Wrongful Death Claim

According to Ohio law, a wrongful death claim can be made when an individual dies as a result of the negligence or intentional actions of another person or entity. This means that the death must have been preventable and occurred due to someone else’s failure to adhere to their legal duty of care. Negligence can take many forms, including medical malpractice, car accidents, workplace accidents, and defective products. It is crucial to consult with an attorney who is highly experienced in wrongful death cases, as they can help determine if your loved one’s death meets these criteria.

Who Can File a Wrongful Death Claim?

In Ohio, only certain individuals are authorized to file a wrongful death claim on behalf of the deceased’s estate and beneficiaries. These include the surviving spouse, children, parents, or other legal dependents. If there are no living members of these categories, then another person designated by the deceased’s will or a court-appointed representative can file the claim. The purpose of limiting who can file a wrongful death claim is to ensure that any compensation awarded is distributed appropriately among those who were most affected by the loss.

How to Begin the Wrongful Death Claim Process

If you are thinking about filing a wrongful death claim in Ohio, it is essential to act quickly as there are strict time limits for initiating legal action. The first step is to consult with an experienced attorney. They will immediately begin to gather evidence and build a strong case on your behalf. Your lawyer will also communicate and negotiate with the at-fault party’s insurance company to seek a fair settlement. If an agreement cannot be reached, your attorney will take the case to trial on your behalf.

A Final Note

Losing a loved one suddenly and unnecessarily is devastating, both emotionally and financially. While no amount of money can ever replace their presence in your life, going through with a wrongful death claim can remove some of the financial burden caused by their passing. It also makes the negligent party take responsibility for their actions and serves as a form of justice for your loved one. If you believe you may have grounds for a wrongful death claim, please reach out to Lafferty Gallagher & Scott, LLC. It would be our honor to guide you through this challenging process and seek justice for your loved one. You don’t have to do this alone – we’re here to support you every step of the way.