Losing someone unexpectedly can turn your world upside down. When that loss happens because of someone else’s actions, the law may call it wrongful death. But what does that really mean?
Definition under Ohio law
Ohio law defines wrongful death as a death caused by someone else’s wrongful act, neglect, or default. Think of it like a personal injury case where the injured person didn’t survive. The person or entity responsible could be a driver, a property owner, or even a business. If the deceased could have filed a personal injury claim had they lived, then their family can usually pursue a wrongful death claim instead.
Examples of wrongful death causes
Many situations can lead to a wrongful death claim. Car crashes, workplace accidents, medical mistakes, and defective products are just a few examples. If a driver runs a red light and causes a fatal crash, or a doctor fails to diagnose a treatable illness, those actions might qualify; the key is that the death happened because someone else failed to act responsibly or broke the law.
Who can file in Ohio?
Ohio law says the personal representative of the deceased’s estate must file the claim. This person acts for the benefit of the surviving family members, such as a spouse, children, or parents. These family members might receive money for lost support, loss of companionship, and funeral costs.
Why it matters
Understanding what counts as wrongful death can help you protect your family’s rights. Ohio law gives families the chance to hold others accountable. It’s not just about money, it’s about making sure someone answers for what happened.