Understanding the Wrongful Death Statute of Limitations in Ohio

Losing a loved one because someone else was negligent is a devastating experience. In these situations, Ohio law allows surviving family members to seek justice through a wrongful death lawsuit.

It’s important to know that filing these claims is time-sensitive because they are governed by a statute of limitations, which sets a deadline for initiating the case.

This blog post will guide you through the details of the wrongful death statute of limitations in Ohio, explain common exceptions, and discuss the importance of seeking legal guidance.

What Is Wrongful Death?

Wrongful death occurs when an individual dies because of someone else’s negligence, recklessness, or intentional act. In Ohio, the estate of the deceased person brings these claims on behalf of surviving family members, including spouses, children, and parents.

The goal of a wrongful death lawsuit is to provide financial compensation for the losses suffered by the family, such as lost income, funeral expenses, and loss of companionship.

In legal terms, a wrongful death claim is a civil lawsuit, separate from any criminal charges the responsible party may face. Even if criminal proceedings do not result in a conviction, surviving family members can still pursue a wrongful death claim to seek compensation.

Why Statutes of Limitations Matter

A statute of limitations is the time period one has to initiate a lawsuit. In wrongful death cases, statutes of limitations are especially important because missing the deadline can prevent the family from seeking compensation. Acting quickly is critical because the circumstances surrounding the death need to be investigated and evidence gathered. Building a strong case requires time. Filing after the statute of limitations expires can mean forfeiting your legal rights to hold the responsible party accountable.

Ohio’s Statute of Limitations for Wrongful Death Claims

Under Ohio Revised Code Section 2125.02, the statute of limitations for wrongful death claims in Ohio is two years from the date of the death. For example, if a person dies in a car accident on October 1, 2022, the family has until October 1, 2024, to file a wrongful death claim.

What Happens If You Miss the Deadline?

Missing the statute of limitations for filing a wrongful death claim can have severe consequences for grieving families. Once the deadline has passed, the court will dismiss the case, and the family will lose their right to seek compensation. There are very few exceptions to this rule, so acting quickly and consulting with an experienced wrongful death lawyer as soon as possible is crucial.

Exceptions to Ohio’s Wrongful Death Statute of Limitations

Although Ohio’s statute of limitations for wrongful death is generally two years, a few exceptions may extend the deadline for filing a claim. This is another example of why having an experienced Ohio wrongful death lawyer representing you is crucial. They know these rules and exceptions inside out, and this can provide much-needed peace of mind during such a tragic time for the family.

Discovery Rule

In some cases, the discovery rule may apply, which allows the statute of limitations to begin when the cause of death is discovered and not the actual date of death. This exception is most commonly applied when the cause of death is not immediately obvious or when new information comes to light that suggests the death was wrongful.

For example, if a medical malpractice case uncovers that a doctor’s negligence led to the patient’s death years after the fact, the two-year time limit may begin from the date of this discovery.

Claims Involving Minors

When a wrongful death claim involves a minor, the statute of limitations may be paused until the minor reaches the age of 18. This means that if a child loses a parent or guardian in a wrongful death, the two-year statute of limitations does not begin until the child turns 18.

Common Situations That Lead to Wrongful Death Claims in Ohio

Wrongful death claims result from various situations. Some of the most common causes of wrongful death claims in Ohio include:

• Car Accidents: Negligent drivers, including those who are impaired, distracted or reckless, are often responsible for fatal car crashes.
• Medical Malpractice: Doctors, hospitals, or other medical professionals who fail to provide a reasonable standard of care may be held liable for wrongful death.
• Workplace Accidents: In industries such as construction, manufacturing, and transportation, fatal workplace accidents are often caused by unsafe working conditions or the employer’s willful neglect to ignore known dangers.
• Defective Products: If a defective or dangerous product causes a fatal injury, manufacturers, distributors, and retailers can be held responsible for wrongful death.

Why Consult an Experienced Ohio Wrongful Death Attorney?

Wrongful death cases are complex, both legally and emotionally. An experienced attorney can help the family understand their legal rights, determine the best course of action, and make sure that the claim is filed within Ohio’s statute of limitations.

Given the time-sensitive nature of these cases, seeking legal help as soon as possible can make a substantial difference in your case’s outcome.

How Attorneys Can Help

In addition to meeting legal deadlines, lawyers play a vital role in wrongful death cases by:

• Investigating the circumstances surrounding the death
• Gathering crucial evidence, such as medical records, accident reports, and witness statements
• Negotiating with insurance companies to ensure fair compensation
• Representing the family in court if the case needs to go to trial

An experienced wrongful death lawyer can significantly increase the chances of securing compensation that reflects the full scope of the family’s losses.

Contact Us for Legal Help with Your Wrongful Death Case

Understanding Ohio’s statute of limitations for wrongful death cases is essential for protecting your legal rights. The two-year filing window is strict. As we shared earlier in this post, there are only limited exceptions. Acting quickly is crucial to preserving your right to seek justice and compensation.

If you have lost a loved one and believe their death was caused by someone else’s negligence, it is important seek help from an experienced wrongful death attorney as soon as possible. Contact us today for a free consultation to discuss your case and learn more about how we can help.

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