Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Fatal car accidents are something that you see on the news all of the time and always think of how tragic such a situation would be, but you never think it would happen to one of your loved ones.
Losing a family member suddenly in an accident is an extremely difficult thing to deal with. There is not a period of time that you have to prepare for such a life-changing tragedy, and then you must react quickly to get affairs in order after. It is a whirlwind of activity that no one wants to experience and a Toledo wrongful death lawyer can help.
If your family member was killed in a car accident that was due to the fault of another driver or individual, you also have legal issues to address. When the death of an individual is the result of another’s wrongdoing or negligence, a wrongful death claim can be filed. This would allow the survivors of the person who was in the accident to receive damages for the following:
If you and your family would like to pursue a wrongful death claim on behalf of your loved one, you would call a wrongful death lawyer. In Ohio, the statute of limitations for filing a wrongful death claim is two years, which means that the lawsuit must be filed within two years of the death of your loved one. However, our office recommends family members seek legal guidance soon after the accident.
We recommend addressing the wrongful death lawsuit sooner rather than later because if you wait two years to file a claim, there is a possibility that some of the evidence needed to defend the case could be lost or destroyed. You also risk losing any witness statements that could help your wrongful death case, which is why it is best to contact a lawyer to help your family as soon as possible.
Ohio law allows the executor or administrator of the decedent’s estate to bring on the claim. This means that whoever is the executor or administrator of your loved one’s estate would be able to do this. The wrongful death claim is then brought against the person or entity whose negligence caused your loved one’s death.
If you are thinking of filing a wrongful death lawsuit after losing your loved one in a tragic vehicle accident, please call our office for more information. We will help you to understand your options, the legal process involved with wrongful death claims, and we will answer the questions that you have related to the case.
Charles E. Boyk Law Offices, LLC