Who Can File a Wrongful Death Claim?
Filing a wrongful death claim in Ohio requires that the filer must be one of the following:
- The spouse of the decedent
- Children — including adopted children — of the decedent
- Parents of the decedent
These limitations are fairly standard, but other familial dependents are excluded such as siblings and grandparents. The state of Ohio assumes that grandparents and siblings will not suffer any loss even if the decedent provided for them financially or as a caregiver.
If you have suffered significant loss from the passing of a grandchild or sibling, you will need to prove in court that you have suffered compensable losses. No matter your relation to your loved one, a wrongful death attorney can help you build a case against the responsible party and help you pursue justice and compensation for your loss.
What is Considered Compensable Loss in Ohio?
Damages or losses you are able to recover are governed by the state and by the statute of limitations, which requires you to file a claim within two years of the decedent’s death. Damages the state of Ohio recognizes as compensable include:
- Loss of financial support — based on the potential earnings of the deceased
- Loss of services the deceased provided such as housework, yardwork, and childcare
- Loss of personal care such as companionship, counsel, instruction, and social status of the deceased
- Loss of prospective inheritance the deceased would have acquired
- The mental and emotional anguish suffered by surviving family members as a result of the decedent’s untimely death
Though recoverable damages are limited to the above, Stephen can help you put together a list of your losses and help you craft the best strategy that will aim to achieve the best possible outcome.
An Attorney For You and Your Family
When you work with Stephen P. Hanudel, Attorney at law, you get an attorney that is dedicated to helping you and your family pursue justice for your loved one and compensation for your untimely loss. Stephen offers exceptional skills and personal support to you throughout the course of your case. Don’t wait to get the assistance you need. Call wrongful death attorney, Stephen P. Hanudel, today for a free consultation.