Learn About Who Can File a Claim in Ohio from an Experienced Columbus Wrongful Death Lawyer

Losing a loved one unexpectedly can leave you with lots of questions. It can also leave you unsure where to turn for help. Coping with a loved one’s untimely passing is an incredibly difficult situation, and everyone dealing with this situation needs to be able to rely on someone who can help them feel confident in their decisions as they move forward.

This includes their decisions regarding filing a wrongful death claim. Families that lose loved ones unexpectedly are entitled to damages in many cases, and hiring a Columbus wrongful death lawyer can be critical for managing the financial and non-financial costs of losing a loved one too soon. At Malek & Malek Law Firm, we regularly speak with family members who have lost loved ones in fatal accidents. When speaking with grieving family members, one of the most common questions we receive is: Who is eligible to file a claim for wrongful death?

Who Is Eligible to File a Wrongful Death Claim in Ohio?

In Ohio, a wrongful death claim must be filed by the fiduciary of the deceased’s estate. This individual, also known as the deceased’s personal representative, will need to be identified through the probate process. Typically, the deceased’s personal representative will be identified in one of two ways:

• If the deceased left a will, the personal representative named in his or her will is the one who is eligible to file a wrongful death claim; or,
• If the deceased did not leave a will, a personal representative will need to be appointed through the probate process.

In both scenarios, the personal representative will usually be the deceased’s spouse, partner, parent, adult child or another close family member. But, there are other possibilities as well. We can assist with identifying your loved one’s personal representative, and then we can assist your loved one’s personal representative with filing your family’s wrongful death claim.

Who Is Eligible to Receive Financial Compensation for a Loved One’s Wrongful Death?

When a personal representative files a wrongful death claim in Ohio, he or she files the claim on behalf of the deceased’s estate. This means that, if the claim is successful, the proceeds from the settlement or verdict will become part of the estate to be distributed to the deceased’s beneficiaries.

Similar to the deceased’s personal representative, the deceased’s beneficiaries will be identified in his or her estate plan, if one exists. If the deceased did not prepare an estate plan, then his or her beneficiaries will be determined under Ohio law. We can assist with identifying your loved one’s beneficiaries as well, and then you can use this information to make sure that you personally receive any financial compensation to which you are legally entitled.

Schedule a Free Initial Consultation with a Columbus Wrongful Death Lawyer

If you need more information about who is eligible to file a wrongful death claim or receive financial compensation for a loved one’s wrongful death in Ohio, we invite you to get in touch. Call 888-444-7440 or contact us online to schedule a free initial consultation with a Columbus wrongful death lawyer at Malek & Malek Law Firm.