There is perhaps nothing as painful as losing a loved one to someone else's negligence or a preventable accident. You may always be haunted with thoughts of what if? Even though there are many reasons for wrongful death instances in Ohio, this article will focus primarily on wrongful death that occurs due to medical malpractice.
According to FindLaw, the most common cases include medical errors and misdiagnoses. Whatever the cause, there are certain guidelines in place that you should keep in mind. These guidelines are related to who can file a suit, possible reparations and the statute of limitations.
Potential people who may bring a lawsuit
While every life is precious, when it comes to wrongful deaths you must be able to prove that you suffered a direct loss as a result of the death of your loved one. Because of this, it is typically recommended that the surviving parents, surviving spouse or biological and adopted children file the suit. Other family members may be able to build a case, but proving direct loss becomes more difficult.
Possible reparation payments
Money cannot bring back a life, but it can help to tie up their loose ends after they are gone. When a medical error is the cause, the deceased patient may have a lot of outstanding medical debts. Sometimes these die with the deceased, but other times family members may be held liable. Some of the possible damages include the following:
- Loss of future inheritance
- Emotional pain and suffering
- Loss of companionship, protection or assistance
- Loss of services provided by the deceased
It is also important not to delay when deciding on whether or not to file a claim. Ohio has a two-year limit starting at the date the deceased passed away. Weigh the pros and cons of bringing a suit before deciding on a final course of action.
This article is not to be interpreted as legal advice and is written only to provide educational information on wrongful death laws in Ohio.