The loss of a loved one in a pedestrian accident is an unimaginable tragedy. When that loss is caused by someone else’s negligence, the surviving family members may have the right to file a wrongful death claim. This article provides information about wrongful death claims in Ohio, specifically in the context of pedestrian accidents.
What is a Wrongful Death Claim?
A wrongful death claim is a type of lawsuit that can be filed when a person’s death is caused by the wrongful act, neglect, or default of another. In the context of a pedestrian accident, this means that the driver (or another party) acted negligently or recklessly, and that negligence directly caused the pedestrian’s death.
Who Can File a Wrongful Death Claim in Ohio?
In Ohio, a wrongful death claim must be brought by the personal representative of the deceased person’s estate. This representative is typically appointed by the probate court. However, the claim is filed *for the benefit of* the surviving family members, who may include:
- The surviving spouse.
- The surviving children (including adult children).
- The surviving parents.
- Other next of kin (in some cases).
What Damages Can Be Recovered in a Wrongful Death Claim?
Ohio law allows for the recovery of various damages in a wrongful death claim, intended to compensate the surviving family members for their losses. These damages may include:
- Loss of Support: This includes the financial contributions the deceased person would have provided to the family, such as wages, benefits, and other income.
- Loss of Services: This covers the value of the services the deceased person provided to the family, such as childcare, household chores, and other tasks.
- Loss of Society: This includes the loss of companionship, love, affection, guidance, and comfort that the deceased person provided to the family. This is a significant component of a wrongful death claim.
- Loss of Prospective Inheritance: This covers the loss of any inheritance the family members would have reasonably expected to receive from the deceased person.
- Mental Anguish: This compensates the surviving family members for the emotional pain and suffering they have experienced as a result of the death.
- Reasonable Funeral and Burial Expenses: The costs associated with the deceased person’s funeral and burial.
Ohio Statute of Limitations
The statute of limitations on a wrongful death claim is two years from the date of death.
Proving Negligence in a Pedestrian Accident Wrongful Death Case
To succeed in a wrongful death claim, it’s necessary to prove that the defendant (e.g., the driver) was negligent and that their negligence directly caused the pedestrian’s death. This often involves a thorough investigation, gathering evidence, and working with expert witnesses. Common examples of negligence in pedestrian accident cases include:
- Distracted driving
- Failure to yield the right-of-way
- Speeding
- Impaired driving (DUI/DWI)
- Running red lights or stop signs
How a Columbus Pedestrian Accident Lawyer Can Help
Filing a wrongful death claim is a complex legal process, and it’s essential to have an experienced attorney on your side. A lawyer at Hyslip Legal, LLC can:
- Investigate the accident thoroughly.
- Gather evidence to prove negligence.
- Identify all potentially liable parties.
- Calculate the full extent of your damages.
- Negotiate with insurance companies.
- File a lawsuit and represent you in court, if necessary.
If you have lost a loved one in a pedestrian accident in Columbus, please contact Hyslip Legal, LLC for a free consultation. We understand the pain and grief you are experiencing, and we are committed to helping you seek justice and obtain the compensation you deserve.