Wrongful Death Claims After a Pedestrian Accident in Columbus

Pedestrian crossing signal showing Don't Walk, symbolizing potential danger at an intersection

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.

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