When a family member or loved one passes due to another person’s negligence, it is one of the most difficult experiences those close to them can endure. Filing a wrongful death lawsuit may not be the first thing on your mind during such a challenging time, but it is an important step for securing justice and holding responsible parties accountable. In Ohio, the law provides specific timeframes within which you must act, raising an important question: when is it too late to get an Ohio wrongful death lawyer?
We will discuss the statute of limitations, the legal process for wrongful death cases in Ohio, and why seeking legal assistance promptly is important for protecting your rights and interests.
For those who are going through such a tragic situation, we urge you to contact the Ohio wrongful death lawyers at Brandon J. Broderick, Attorney at Law. Allow us to guide you through this tough time and obtain justice for your loved one.
Understanding Ohio’s Statute of Limitations for Wrongful Death Cases
In Ohio, like in most states, there is a statute of limitations that dictates how long you have to file a wrongful death lawsuit. Under Ohio Revised Code Section 2125.02, the statute of limitations for wrongful death cases is two years from the date of the deceased person’s death. This timeframe is strict, meaning that if a claim is not filed within this period, the court will typically dismiss the case, leaving the family unable to pursue compensation.
Exceptions to the Statute of Limitations
There are limited circumstances under which the statute of limitations may be extended:
- Discovery Rule: While rare in wrongful death cases, this rule may apply if the cause of death was not immediately apparent. For instance, if it is discovered years later that a faulty product caused a death, the statute of limitations may begin from the date of discovery.
- Minor Beneficiaries: If a minor child is among the deceased’s surviving beneficiaries, certain legal allowances may extend the timeframe for filing a claim on their behalf.
- Fraud or Misrepresentation: If it is determined that fraudulent actions by the defendant delayed the discovery of wrongdoing, the court may allow an extension.
Why Time is Important in Ohio Wrongful Death Cases
Even though two years may seem like more than enough time, waiting too long can significantly impact your ability to build a strong case. Here are the main reasons why you should act promptly in a wrongful death case:
Preservation of Evidence
Important evidence such as medical records, accident reports, and witness testimonies can become harder to obtain as time passes. Physical evidence may deteriorate, and witnesses’ memories may fade, making it more challenging to establish fault.
Legal Complexities
Wrongful death cases are often complex and involve multiple parties, such as insurance companies, employers, or manufacturers. An experienced attorney will need time to investigate the case, gather evidence, and build a strong argument.
Emotional Closure
Although money cannot bring back your loved one, pursuing a wrongful death claim can give family members some closure and financial stability. Delaying this process may prolong the emotional toll.
The Role of a Wrongful Death Lawyer in Ohio
A wrongful death attorney plays an important role in navigating the complexities of Ohio’s legal system and ensuring the deceased’s family receives fair compensation. Here’s how an attorney can help:
Case Evaluation
An experienced lawyer will evaluate the facts of your case to determine whether you have a valid claim. They will identify all potential liable parties and advise you on the best legal course of action.
Handling Legal Procedures
From filing the initial complaint to negotiating settlements, an attorney will manage the legal procedures on your behalf, allowing you to focus on healing.
Calculating Damages
Ohio wrongful death claims can include compensation for both economic and non-economic damages, such as:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and emotional suffering
- Medical expenses incurred prior to the loved one’s death
Representing Your Interests
If a settlement cannot be reached, a skilled attorney will advocate for you in court, presenting evidence and arguing your case effectively.
When Should You Contact a Wrongful Death Lawyer?
The best time to contact a wrongful death lawyer is as soon as possible after your loved one’s passing. Early engagement allows the attorney to immediately begin gathering evidence, interviewing witnesses, and preparing your claim. Even if you are unsure whether you want to pursue legal action, consulting an attorney can provide clarity and help you understand your options.
What Happens If the Statute of Limitations Expires?
If the statute of limitations expires, your case will likely be dismissed, and you will lose the opportunity to seek compensation. While exceptions exist, they are rare and require compelling justification. To avoid this outcome, it’s critical to consult with a lawyer as soon as possible to ensure your claim is filed within the allowable timeframe.
Call Brandon J. Broderick For Legal Help
Navigating Ohio wrongful death claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.