Find Out How Long You Have to File a Claim from an Experienced Columbus Wrongful Death Attorney

If you lost a loved one in a fatal accident that was someone else’s (or a company’s) fault, you have clear legal rights under Ohio law. However, you only have a limited amount of time to assert these rights before you lose them. While Ohio law protects accident victims and their families, it also recognizes the need for closure. As a result, if you need to file a claim for a fatal accident, it is important that you speak with a Columbus wrongful death lawyer sooner rather than later.

Laws that limit the amount of time you have to file a lawsuit are known as “statutes of limitations.” Like other states, Ohio has a clear—and firm—statute of limitations for wrongful death claims. While exceptions apply in some cases, you should not rely on an exception applying in your case, and there are various reasons why you will want to speak with a Columbus wrongful death attorney as soon as possible.

Ohio’s Two-Year Statute of Limitations for Wrongful Death Claims

Ohio has a two-year statute of limitations for wrongful death claims. This means that, in the vast majority of cases, families need to file their claims within two years of the date of their loved one’s death. This is a hard-and-fast deadline. If you miss the deadline to file your family’s lawsuit by even a single day, this can prevent you from recovering the financial compensation your family deserves.

The two-year statute of limitations for wrongful death claims applies in almost all cases. However, as we mentioned above, there are some limited exceptions. For example, you may have more than two years to file a wrongful death claim in Ohio if:

• It was not possible to discover the cause of your loved one’s death promptly.
• Your family has a warranty-based claim for a fatal accident caused by a dangerous product.
• You were legally unable to pursue a claim within two years of your loved one’s death (i.e., due to incapacity).

Again, we strongly advise against relying on an exception to Ohio’s two-year statute of limitations for wrongful death claims if at all possible. Even if an exception clearly applies, this can make it more challenging to assert your family’s legal rights. Additionally, as we discuss below, there are several benefits to initiating your family’s claim right away.

Why It’s Important to Assert Your Family’s Legal Rights As Soon As Possible

Whether you just lost a loved one in a fatal accident or it is coming up on two years since your loved one’s untimely passing, it will be in your (and your family’s) best interests to speak with a Columbus wrongful death attorney promptly. Here are just some of the reasons why it is important to assert your family’s legal rights as soon as possible:

1. Evidence Can Disappear

One of the most important reasons to hire a Columbus wrongful death attorney promptly is that you need to preserve the available evidence of liability. Over time, evidence can—and will—disappear. Unfortunately, even if there is no question that someone else (or a company) is responsible for your loved one’s untimely death, if you can’t prove it, you won’t be able to hold the at-fault party accountable. When you hire an attorney to represent your family, your attorney will work quickly to preserve the evidence needed to assert your family’s legal rights successfully.

2. Memories Can Fade

Just as evidence can quickly start to disappear, memories can also quickly start to fade. Eyewitness testimony can be a key form of evidence in many wrongful death cases. But, if an eyewitness’s recollection of the accident becomes fuzzy, his or her testimony will be far less valuable. The insurance companies and their defense lawyers will poke holes in the witness’s story, and this will raise questions that may be difficult to overcome depending on the other evidence that is available.

3. You Need to Document Your Family’s Losses

When you have a wrongful death claim in Ohio, it is important to document your family’s losses. This includes not only financial losses (i.e., funeral expenses and loss of your loved one’s income), but non-financial losses as well. If you haven’t been documenting the effects of your emotional trauma and your loss of companionship, consortium, services, support, and enjoyment of life, this can also make it more difficult to hold the at-fault party fully accountable for your loved one’s death. Once you hire a lawyer, your lawyer can explain everything you need to do in order to document the losses you are entitled to recover.

4. Defendants’ Financial Circumstances Can Change

While it might not feel like it when you are coping with the unexpected loss of a loved one, two years is a long time. During this time, individuals’ and companies’ financial circumstances can change, companies can go out of business, and their insurance coverage can lapse. All of these changes can make it more difficult (if not impossible) to recover the financial compensation your family deserves.

5. You Will Be Able to Resolve Your Family’s Claim and Start to Move On

Finally, the sooner you take legal action, the sooner your family can start to move on. While many people stress about hiring an attorney, the reality is that it can be far more stressful to try to manage your situation on your own. At Malek & Malek Law Firm, we guide our clients step-by-step through the recovery process, and we do everything we can to favorably resolve our clients’ claims as efficiently as possible.

Schedule a Free Consultation with a Columbus Wrongful Death Lawyer Today

Do you need to speak with a Columbus wrongful death attorney? If so, we invite you to get in touch. To schedule a free, no-obligation consultation at Malek & Malek Law Firm as soon as possible, please call 888-444-7440 or contact us online today.