Wrongful Death

Under Ohio Law when a loved one dies due to some negligent act  the party responsible for the death may be sued by the personal representative of the decedent (usually the executor of the estate) to recover damages on behalf of the decedent’s surviving spouse,  children,  parents,  and/or next of kin, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death.

The damages recoverable in this cause are different than the decedent’s personal damages.  They do not include recovery for the decedent’s pain and suffering,  nor can punitive damages be awarded in a wrongful death case.  However families can,  in their own right,  recover damages for their loss of support from the reasonably expected earning capacity of the decedent; their loss of services of the decedent; and their loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education..  Additionally they may recover for the mental anguish brought about by the death of their loved one. 
 
There is a separate statute of limitations governing this wrongful death cause,  mandating that suit must be filed within two years of death or the cause is foreclosed.  The important thing to keep in mind is that the sooner you bring the potential case to the attention of an attorney the better,  so that he may have adequate time to investigate the file within this two year window of opportunity.

Robert E. Sweeney Co., LPA has vast experience in litigating this type of case.  Many of the families that come to us have lost a parent or a spouse because of a work related injury or disease brought about by a defective product or an occupational exposure to a toxic substance,  such as asbestos or benzene.  If you believe that your loved one’s death was caused by some negligent act or by exposure to a defective product or chemical please contact us without delay.