Frequently Asked Questions About Wrongful Death

Q: What constitutes wrongful death?

A: Wrongful death is a legal term used to define any of a number of circumstances in which one’s death must have been caused, in whole or in part, by a defendant's conduct, even though there was no direct intention to kill the victim. Additionally, the defendant must have been deemed negligent or strictly liable for the victim's death.

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Q: Must a defendant be found guilty in a criminal case to be found liable in a wrongful death case?

A: No. For example, a motorist may have been found innocent in a criminal trial for aggravated vehicular homicide, yet the victim’s family may be awarded compensation relative to the same incident in an ensuing civil trial alleging wrongful death.

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Q: How long do I have to file a wrongful death lawsuit in Ohio?

A: Two years after the date of the death.

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Q: What is my wrongful death case worth?

A: Each individual wrongful death case is unique. Damages in a wrongful death case are comprised of economic and non-economic damages. Economic damages include any costs related to medical care, property damage and wage loss. Pain and suffering is a non-economic value prescribed to the victim’s surviving family. There are caps on the damages in the state of Ohio. Without actually investigating your specific wrongful death case, it’s next to impossible to assess an accurate monetary outcome.

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Q: Why do I need a lawyer in a wrongful death scenario?

A: You need a lawyer: 1) to protect the rights of you and your loved one 2) to make sure your specific situation is investigated to the fullest 3) to hold accountable anyone whose negligence caused the death of your loved one 4) to help you get the compensation you need to get your life back on track as quickly as possible.