Wrongful Death Lawyers in Sandusky
Blending Professional Counsel with Compassionate Care
When you lose a loved one due to the negligence of a stranger, you may understandably become distraught and overwhelmed with your grief. The thought of pursuing legal action against the liable party, no matter how necessary it may be, can seem like too much to bear. However, if you want to seek a sense of justice and closure for what happened, then you need to begin your wrongful death claim sooner than later.
At Murray & Murray, we are here to help support our friends, neighbors, and community members in Sandusky by providing compassionate, attentive legal representation for wrongful death claims. We take deliberate steps when managing a wrongful death claim to keep our clients comfortable and confident. We do not rush you into any decisions or leave you out of the loop. We are in this together, and we are motivated to secure justice in the name of your loved one who has passed on too soon.
Wrongful Death Claimants in Ohio
Filing a wrongful death claim is a difficult process, both emotionally and legally. Ohio only recognizes a named representative of the deceased person’s estate as having the power to file a wrongful death claim or lawsuit. The personal representative might be named in a will or a trust administrator could be chosen.
If no estate plan exists or no party has been named as the estate’s personal representative, then Ohio’s estate planning laws for the intestate will likely be used, which generally results in a close family member becoming the representative.
The damages secured through a successful wrongful death claim do not go only to the personal representative, though. There is actually nothing that promises that the representative will have a valid wrongful death claim.
Instead, the representative is merely in charge of filing and managing the claim on behalf of the parties who can receive compensation according to Ohio’s wrongful death laws.
There are usually only three eligible claimants in an Ohio wrongful death claim:
Anyone else – such as siblings, grandparents, in-laws, etc. – will need to prepare a convincing argument and bring it to the court if they believe they deserve compensation for the wrongful death. When the deceased person has no surviving spouse, children, or parents, the claim could be filed in the name of their estate, which will collect any recoverable damages in place of an individual or individuals.
Damages You Can Seek in Your Claim
The damages available through a wrongful death claim in Ohio are different than most other states in the way that the damages are largely based on calculations and speculation.
For example, a wrongful death claim in Ohio does not promise damages based on the medical expenses related to the deceased’s final care and treatments. Such damages would be pursued in a specialized case or through a typical personal injury claim.
The damages that are outlined in the state’s wrongful death laws are:
- Earnings the deceased would have likely earned in their life and used to support the claimants.
- Estimated value of around-the-home services provided by the deceased to the claimants.
- Reduction in the inheritances that would have been given to spouses or children.
- Perceived value of emotional support given by the deceased to the claimants.
- Noneconomic damages based on the claimants’ pain, suffering, and grieving.
Wrongful Death Statute of Limitations in Ohio
Ohio uses a strict two-year statute of limitations for wrongful death claims, beginning on the actual date of the deceased’s passing. If you do not at least file a claim against the liable party within two years, the statute expires, and any future claims will be dismissed by the court.
This strict statute of limitations makes it all the more important to start thinking about how you can seek justice for your loved one and closure for yourself through a wrongful death claim. Time can fly quickly when you are grieving and recovering from such a traumatic event.
Make sure you do not miss such an important opportunity by leaving your case in the capable, caring hands of our Sandusky wrongful death lawyers from Murray & Murray. We have worked on numerous wrongful death claims throughout the years, including those originating from fatal car accidents, fatal motorcycle accidents, medical malpractice, and more.
Schedule a no-cost, no-obligation consultation with our firm today.