If you have lost someone you care about in an auto accident, the chances are that you are facing financial challenges in addition to your grief. These hardships may be more challenging if you believe that the auto crash was caused by someone’s negligence. Ohio State law allows you to file a wrongful death claim and successfully get compensated. This compensation amount can ease the financial challenges you may be facing and probably help you move forward.
Coping with grief and chasing after the at-fault driver’s insurance service provider might be too overwhelming. However, that doesn’t mean that the offender (the individual responsible for the accident) should get a free pass. Consider hiring an experienced Toledo car accident lawyer to handle the claim settlement or wrongful death lawsuit process on your behalf. Remember, the attorney can help you piece the right evidence together and build a strong case.
Eligibility for filing a wrongful death claim in Ohio
Perhaps your loved one passed away in a car accident, and he or she wasn’t at fault for the crash. If you are his or her sibling, spouse, parent, or child, the law allows you to file a valid wrongful death claim. Once you confirm that you meet all the eligibility requirements, you can go ahead and file the claim. Remember, it is recommended to consult with an attorney to establish whether or not you are eligible to file a claim.
According to Ohio Revised Code Section 2125.02, the following individuals are entitled to recover damages after their loved one died due to someone’s negligence.
The law will recognize you as the deceased’s partner or spouse for a wrongful death claim if you were legally married at the time of his or her death, even if you were divorcing or separated as of that time. Besides, you aren’t barred from recovering compensation even if you decide to remarry after your spouse’s death.
For you to qualify for compensation in a wrongful death claim, you must have been a lawful parent or biological parent of the deceased. Not a guardian or a step-parent. In case you are an adoptive parent, the process of adoption must have been finalized before the deceased’s death. Besides, if there is sufficient evidence that you abandoned the deceased (minor), then, the law prohibits you from getting the wrongful death compensation.
If you are a fully adopted or biological child of the decedent, the law allows you to get compensation through a wrongful death claim. Note that foster kids and stepchildren don’t have the right to claim compensation.
Typically, any individual who isn’t a spouse, parent, or child can’t recover compensation from a wrongful death claim. If you are a grandparent, cousin, sibling, or a romantic partner (not legally married), this can be a challenging fact to come to terms with. However, if you hire an experienced attorney, there is a small chance you could argue for a portion of the compensation.