The loss of a family member is always a difficult and traumatic time. What can make the grieving process worse, however, is the knowledge that the death was preventable. Far too many Cleveland-area residents die as a result of injuries caused by the negligent or intentional acts of someone else. While there is nothing that the surviving family members can do to bring back the person who was lost, they can take legal action against the responsible parties through a wrongful death claim.
Wrongful death lawsuits are a form of civil justice provided under Ohio law. They are designed to compensate the estates and families of those who were lost due to a wrongful act, neglect, or default. An experienced Cleveland wrongful death attorney can assist you in pursuing such claims.
Tittle & Perlmutter is a dedicated Ohio personal injury law firm that has helped many clients seek civil justice following the untimely and unjust death of a beloved family member.
What Is a “Wrongful Death” Under Ohio Law?
While many personal injury claims are governed largely by common law–that is, they arise out of centuries of judicial decisions and precedents–wrongful death is purely a function of statute. The Ohio legislature created the wrongful death claim as a way for survivors to seek financial compensation from those responsible for a loved one’s death. Specifically, the law covers situations where the death of a person “is caused by wrongful act, neglect, or default.” This includes both civil forms of negligence as well as intentional criminal acts.
Some of the more common causes of wrongful death recognized by Ohio law include:
- motor vehicle accidents;
- nursing home abuse and neglect;
- medical malpractice;
- slip-and-fall accidents caused by a property owner’s failure to keep their premises in safe condition;
- dangerous and defective consumer products; and
- criminal homicide.
An important consideration in wrongful death cases is that because they are civil in nature, the burden of proof is significantly lower than what is necessary to convict a person in a criminal prosecution. This means it is possible to pursue a civil wrongful death claim against a defendant who was never convicted of–or even charged with–a criminal act in connection with the victim’s death. So even in cases where the defendant previously faced criminal charges, the constitutional prohibition against “double jeopardy” does not bar a separate wrongful death action.
Who Can File a Cleveland Wrongful Death Claim?
Unlike a typical personal injury case, where the victim seeks compensation for their injuries arising from the defendant’s negligent or illegal acts, a wrongful death claim is meant to compensate certain family members of the deceased victim. Indeed, Ohio law spells out exactly who is entitled to recover compensation in a wrongful death case. Specifically, the law compensates those next-of-kin who have “suffered damages by reason of the wrongful death,” which generally include:
- the surviving spouse of the victim;
- the children of the victim; and
- the parents of the victim.
Other family members may also be entitled to compensation under Ohio’s wrongful death law, but only if they can prove that they personally suffered damages due to their loved one’s death. The law automatically presumes that surviving spouses, children, and parents, have suffered such damages.
There is an exception, however, for parents who abandoned a minor child. If the child subsequently dies, the parent who abandoned them cannot recover compensation for that child’s wrongful death.
Regardless of the number of potential claimants, the actual wrongful death lawsuit is usually filed by the personal representative (executor) of the victim’s estate. The personal representative acts in a fiduciary capacity. That is, they must act in the best interests of the beneficiaries entitled to compensation under the wrongful death law.
What Compensation Is Available in a Cleveland Wrongful Death Case?
Ohio’s wrongful death law authorizes a court–a jury, or a judge trying a case alone–to award compensatory damages to the family members of a victim. The actual amount of those damages will vary based on the facts and circumstances of a particular case. In general terms, however, compensatory damages are meant to cover the following losses:
- the survivors’ loss of support, based on the reasonably expected earning capacity of the victim had they lived;
- the survivors’ loss of the victim’s services;
- the survivors’ loss of the victim’s companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education;
- the loss of a prospective inheritance by the victim’s legal heirs;
- the survivors’ mental anguish; and
- the victim’s reasonable funeral and burial expenses.
In addition to a wrongful death lawsuit, the personal representative of the victim’s estate may also bring what is known as a survival action. This is basically a claim for compensation owed to the victim for their own losses prior to their death. In effect, a survival action is the personal injury claim the victim would have brought had they lived. Damages in a survival action may include the victim’s final medical expenses, lost income, and pain and suffering.
Frequently Asked Questions About Wrongful Death Claims in Cleveland?
Can more than one party be held responsible for the victim’s death?
Yes, depending on the facts of the case. For example, if the victim died in an accident caused by a negligent commercial truck driver, there is likely to be multiple additional defendants, including the company that owned the truck, the company responsible for loading the truck’s cargo, and perhaps even the businesses responsible for manufacturing the truck or one of its parts.
How long do I have to file a wrongful death claim in Ohio?
In Ohio, there is a two-year statute of limitations applicable to wrongful death claims. This means that in most cases, the actual wrongful death lawsuit must be filed within 2 years of the victim’s death. The start of the 2-year clock may be delayed, however, if it was not discovered until a later date the victim died as the result of a wrongful act. This can happen in medical malpractice cases where a physician’s error is not immediately known or discovered.
Can a jury award punitive damages in a wrongful death case?
Ohio law does not allow for punitive damages in wrongful death actions. It is possible, however, to seek and receive punitive damages in a survival action brought by the victim’s estate.
Contact a Cleveland Wrongful Death Attorney Today
Pursuing a wrongful death claim is often a lengthy and complicated process. Many families are understandably overwhelmed by having to deal with the legal system as they continue to deal with their own grief. That is why it is essential to work with a qualified Cleveland wrongful death attorney who can guide you through each step of the legal process.
If you would like to speak with a lawyer about your wrongful death claim, call Tittle & Perlmuter today at 216-616-4900 to schedule a free case strategy session.
