Wrongful death lawsuits serve multiple important purposes. They hold people in business responsible for harming others. They provide a sense of justice to those affected by a tragedy. They also alleviate the financial hardship often triggered by an unexpected death.
Every state has slightly different laws regulating wrongful death lawsuits. In Ohio, negligence and wrongful acts may lead to wrongful death litigation intended to offset the losses sustained by the immediate family members of the deceased person. Typically, only one wrongful death lawsuit is possible. Who generally has the authority to file that lawsuit?
Executors or personal representatives file
The damages sought in a wrongful death lawsuit can cover both the state expenses and the losses sustained by the surviving dependent family members of the person who died. Ohio state law specifically empowers the executor or personal representative appointed to administer an estate as the party capable of filing a wrongful death lawsuit.
They gather evidence of negligence or misconduct and quantify the losses sustained because of the tragic passing. They then file the lawsuit in civil court with the help of an attorney.
If the lawsuit is successful, they may use some of the proceeds to cover probate expenses. Any remaining amount can help offset the long-term consequences experienced by surviving spouses, children and other immediate family members of the deceased person.
Family members may need to take steps to initiate the probate process to empower someone to file a wrongful death lawsuit. Reviewing the details of a recent tragedy with a legal professional can help families understand what the law requires and take appropriate steps to pursue justice.