Learn About Your Family’s Legal Rights from an Experienced Columbus Wrongful Death Attorney

Understanding your family’s legal rights after a fatal accident can be challenging. The law is complex, and while grieving families have clear legal rights in many cases, it can be difficult to know when—or how—to seek the financial compensation your family deserves. This is one of the reasons why it is important to have an experienced Columbus wrongful death attorney on your side.

For many people, one of the most confusing aspects of the law is the difference between wrongful death claims and survival claims. What is the difference? Which type of claim should you file? Can (and should) you file both? While these are not easy questions to answer, answering them is important—and you need to ensure that you are making informed decisions with your family’s long-term best interests in mind.

Understanding the Differences Between Wrongful Death Claims and Survival Claims in Ohio

While wrongful death claims and survival claims are closely related, they differ in several important ways. In many cases, grieving families will be able to file both types of claims after a loved one’s death, and they will need to file both types of claims to avoid incurring unnecessary costs. Here’s what you need to know:

Wrongful Death Claims in Ohio

Filing a wrongful death claim allows eligible family members to recover financial compensation for the costs they incur as a result of their loved one’s untimely passing. This includes costs that are both financial and non-financial in nature.

After a fatal accident, surviving family members’ losses will begin to add up immediately—and, generally speaking, they will continue to add up for the rest of these family members’ lives. This includes losses such as:

• Funeral, burial, and cremation costs
• Loss of income, benefits, and inheritance
• Loss of care, protection, and consortium
• Loss of companionship and support
• Mental anguish resulting from the untimely loss of a loved one

These are all losses that eligible family members can seek to recover by filing a wrongful death claim. Importantly, while most of these losses will be prospective (meaning that they will be incurred in the future), family members should not wait to speak with a Columbus wrongful death attorney. When pursuing wrongful death claims, families can seek compensation for their present and future losses, and an experienced attorney will be able to help ensure that you are seeking the full compensation you and your loved ones deserve.

Survival Claims in Ohio

While wrongful death claims focus on family members’ losses after a fatal accident, survival claims focus on the victim’s losses prior to death. Here, too, this includes losses that are both financial and non-financial in nature. Typical damages in survival actions include:

• Medical expenses for emergency care and efforts to sustain the victim’s life
• The victim’s loss of earnings prior to death
• The victim’s pain and suffering prior to death

Given the types of damages covered, the value of survival claims can vary widely depending on the circumstances surrounding the victim’s untimely passing. If the victim was involved in a severe car accident and died immediately upon impact, then the value of the family’s survival claim may be minimal (though the family could still have a sizable wrongful death claim). Conversely, if the victim survived the accident initially and received inpatient treatment for severe burns, brain or spine trauma, or other catastrophic injuries, then the value of both the family’s survival claim and the family’s wrongful death claim could be substantial.

Three Important Similarities Between Wrongful Death Claims and Survival Claims

While wrongful death claims and survival claims differ with regard to the types of losses they cover, they are similar in some ways as well. For example, here are three important similarities between wrongful death claims and survival claims in Ohio:

1. The Decedent’s Personal Representative Must File the Claim

Under Ohio law, the decedent’s personal representative must file the family’s wrongful death claim and the family’s survival claim. A personal representative is the individual who is responsible for administering the decedent’s final affairs. If your loved one left a will, his or her will most likely designate a personal representative. If your loved one did not leave a will, a personal representative will need to be appointed in court. A Columbus wrongful death attorney at Malek & Malek Law Firm can assist with this process.

2. The Statute of Limitations is Two Years from the Date of Death (in Most Cases)

Most wrongful death claims and survival claims are subject to a two-year statute of limitations under Ohio law. This means that the decedent’s personal representative must file a lawsuit within two years of the date of the fatal accident in most cases. While there are some exceptions, it is important not to wait any longer than necessary to assert your family’s legal rights.

3. It Is Best to Take Legal Action As Soon As Possible

After a fatal accident, it is best to take legal action as soon as possible. Even if your family still has most of the two-year limitations period remaining, you will want to speak with a Columbus wrongful death attorney right away. It will be important to investigate the accident promptly, and the sooner your loved one’s personal representative starts the process, the sooner your family will be able to begin the process of moving on. Hiring a Columbus wrongful death attorney costs nothing out-of-pocket, and our attorneys work hard to make the process as simple and straightforward for our clients as possible.

Discuss Your Family’s Legal Rights with a Columbus Wrongful Death Attorney in Confidence

Do you need to know more about your family’s legal rights after a fatal accident in Ohio? If so, we strongly encourage you to contact us for a free, no-obligation consultation. To discuss your family’s legal rights with a wrongful death attorney at Malek & Malek Law Firm in confidence, call 888-444-7440 or get in touch online today.