Although the death of a loved one is never easy to cope with, it’s especially heart-wrenching when it could have been prevented. If a family member has passed away due to someone else’s negligent or malicious behavior, you may be wondering about your ability to pursue compensation. Wrongful death claims allow the victim’s survivors to seek justice against the at-fault party and recover damages for expenses incurred and losses suffered. However, these types of cases are complicated, so before filing, it’s important to consult a wrongful death attorney and take the following factors into consideration.

How to Know if You Should File a Wrongful Death Case 

Are You Within the Statute of Limitations?

Every state puts a time limit on filing a wrongful death claim. In Ohio, the statute of limitations is two years from the date the victim died. Any claims filed after this timeframe are likely to be dismissed by the court. This is why it’s essential not to wait too long to hire a wrongful death attorney and start building your case. 

Are You Eligible to File or Recover Damages?

State laws also regulate who is eligible to file a wrongful death claim and who qualifies to receive compensation. Under Ohio law, whomever the decedent has named as the personal representative of their estate must be the one to take legal action. Then, the award will be dispersed among family members who have a right to be made monetarily whole. This typically includes surviving spouses, children, parents, and other family members that may be financially dependent.

Do You Have a Valid Case? 

Several elements must be proven before a court will hand down a wrongful death judgment. First, you must show someone died in an incident involving the defendant. Second, you will have to be able to show the death was directly caused by the defendant’s negligent behavior or an act of malice. Finally, you have to offer evidence that you suffered damages related to your loved one’s passing. A wrongful death attorney will be able to help you determine the validity of your case. 

If you believe your loved one was the victim of a wrongful death, speak with a legal professional right away. The wrongful death attorneys at Pater, Pater & Halverson can help assess the foundation of your claim and explore your options for recovering damages. With more than 90 years of combined experience, they have successfully guided numerous Hamilton, OH, residents through the process of securing maximum compensation. Call (513) 867-1411 to set up a consultation, or visit them online for additional information on the areas of practice they specialize in.