Each state has its own statute of limitations, so you will have to check with your state’s law to determine the filing deadline for your case. If you live in Ohio, the statute of limitations to file a wrongful death case is generally two years, per Ohio Revised Code Section 2125.02. The two-year statutory deadline starts from the date of death, not the cause of the individual’s death.
If your loved one’s death was the result of negligence or a wrongful act, you or other surviving family members might be eligible to file a wrongful death claim against the responsible party. Our legal team can help you prepare your case for litigation and represent you throughout your pursuit of compensation.
Plaintiffs Must Comply with the Statute of Limitations for Wrongful Death Cases
Dealing with the grief of losing a loved one can be overwhelming and exhausting, especially if their death was sudden and unexpected. While you might be coming to terms with your loved one’s loss, the legal system does not allow much time to take civil action against a negligent party who caused a wrongful death.
Failure to File on Time has Consequences
The statute of limitations is a legal deadline that plaintiffs must comply with should they decide to bring a lawsuit against a defendant. If the plaintiff does not file their lawsuit on time, they might:
- Be unable to file their case in general
- Have their case dismissed by a judge upon the defendant’s request
- Be unable to compel the defendant to pay compensation for their damages
- Have to pay for damages out of their own pocket
Our legal team can review your case to identify its legal filing deadline, which can be obtained by your loved one’s death certificate. Should other circumstances alter the date of your case’s filing deadline, we can notify you and take appropriate legal actions.
A Lawyer Can Help You File Your Case on Time
You may wish to work with a wrongful death lawyer from our team to help you build your case. Our team can review your relationship to the decedent (your late loved one), then help you file a wrongful death claim or lawsuit on your behalf if you qualify to do so.
Once we establish how your loved one’s accident led to their death and identify who might be liable for the accident and subsequent damages, we can launch an investigation to determine whether there might be other liable parties involved with your case. If so, we can help you take action from them as well.
To identify the liable party for your loved one’s death, our legal team might:
- Review the accident report if available
- Review your loved one’s medical records
- Request photos and video footage of your loved one’s injuries or the accident scene
- Collect other forms of evidence that prove your loved one’s death
- Review the autopsy report for your loved one
A wrongful death lawyer from our team may be able to use the autopsy report to establish the statute of limitations in your case.
Our Team Can Help You Fight for Damages in a Wrongful Death Claim
With a wrongful death claim or lawsuit, you might be able to pursue compensation to recover some of the damages you were left with or experienced as a result of your loved one’s death.
For example, you may be able to compel the liable party to compensate you for the following types of damages:
- Medical debts you inherited if your loved one received treatment before their death
- Funeral service costs, including costs for burial or cremation services
- Current and future loss of income that your loved one contributed to the family
- Property damage expenses, such as costs to cover a damaged vehicle (either to repair or replace it)
These damages can be measured by collecting financial documents to prove their values, such as receipts, bills, and tax forms that list salary information. Our team can help you gather evidence to support your claims about how much your financial damages may be worth, then help you demand compensation based on these values.
You May Also Receive Compensation for Non-Financial Damages
Other losses might be more personal and do not readily have a financial value. Our team wants to listen to how the impact of your loved one’s unexpected death affected your personal relationships, lifestyle, and overall life. We want to fight for fair compensation for the pain and suffering you and your family are now experiencing.
Some factors we may consider to measure your non-financial damages include:
- Mental anguish and emotional distress you felt
- Loss of companionship if you are the surviving spouse
- Loss of parental guidance if you are the surviving child
- Current and future pain and suffering claimed by both your loved one and your family
- Loss of consortium
We don’t Charge Attorney’s Fees Unless You Receive Compensation
If you are concerned about affording a wrongful death lawyer from our team, you should be aware that the Fitch Law Firm LLC works on a contingency-fee-basis where our clients are not obligated to pay any attorney’s fees unless we make a recovery for the client.
This allows you to afford our legal services without having to be burdened with upfront legal fees. Our payment will be taken out of your compensation award, so you never have to pay us up front.
The Fitch Law Firm LLC Can Help You file a Wrongful Death Claim or Lawsuit
If you lost a loved one in an accident caused by another party’s negligence, you might be eligible to file a wrongful death claim or lawsuit. A wrongful death lawyer from the Fitch Law Firm LLC may be able to help you determine the cause of your loved one’s death and fight for compensation. We represent clients in and around Columbus, Dayton, Cincinnati, Marion, Springfield and throughout Ohio.
For a free consultation on your case with a member of our legal team, call the Fitch Law Firm LLC today at (614) 545-3930. We can discuss how the statute of limitations affects how long you have to file your wrongful death case during this call.
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