How do I file a wrongful death claim? - Lisa

Dear Lisa,

First of all, if you are reaching out to us because you have lost a loved one due to someone else's negligence, please allow us to send our deepest condolences.

When families have a loved one pass due to the fault of another individual, you may be able to file a wrongful death claim. The claim would be scheduled on behalf of the survivors that suffer due to the loss of the individual’s life. The person that usually files the wrongful death claim is the executor of the deceased, doing so on behalf of all “real parties” in interest.

Real parties include the following:

  • Immediate family members of the deceased
  • Life partners, putative spouses, financial dependents
  • Distant family members
  • All those who suffer financially

The wrongful death lawsuit that is filed is brought against any individual, company, agency, or employee that had a role in the death of the individual. If your loved one was killed in a car accident, the defendants could be the at-fault driver in the accident, the designer of the roadway (if deemed faulty), a government agent that did not provide road hazard warnings (if roadway deemed faulty), and even the manufacturer, distributor or installer of a dangerous part of the vehicle (if deemed faulty).

If the car accident was caused by a drunk driver, the person who sold, served, or gave alcohol to the at-fault driver could even be considered a defendant. If alcohol was a cause of the accident, the owner of the premises where alcohol was served can also be a defendant.

Now that you know what a wrongful death claim is and who it can be filed against, you can start the claims process. When doing so, you will want an experienced wrongful death attorney to advise you. There are certain statutes of limitations in Ohio for filing wrongful death lawsuits, so the sooner you contact an attorney, the better.

If you have other questions regarding wrongful death lawsuits or the claims process, please do not hestitate to reach out to us at 800.637.8170.