When Ohio residents suffer the loss of a loved one through another party's negligence, they have the legal right to file a lawsuit. A wrongful death claim against the liable party can help the family of the victim find closure and move on with their lives. A claim can also help loved ones recover financial compensation for damages such as medical bills, funeral expenses and loss of support. However, a lawsuit must be filed in a timely manner. Civil suits come with statutes of limitations, which are time limits for filing a claim. These time limits vary by state and the type of crime committed. Read on to learn about Ohio's time limits and how the discovery rule affects those filing a claim.
In Ohio, a wrongful death lawsuit must be filed within two years from the date when the cause of death is discovered. This is usually the same day as the victim's death, but not always. For example, an autopsy performed a week or month later could show that medical malpractice contributed to the person's death. It may be discovered that the person's death was actually caused by tainted meat, making it a product liability issue. These situations extend the statute of limitations a little longer, but the best course of action is to file sooner rather than later.
If the statute of limitations does expire, there are some options available. The opposing party or court has the option to waive the time limit, but this is not common. The only other option would be to delay or suspend it. This is called tolling and whether or not it's allowed depends on the laws in each state. Tolling is primarily used for minor children. If they wanted to sue for the death of a parent, for example, the statute of limitations does not start until they reach age 18.
Those interested in filing a wrongful death claim may want to discuss the possibility with a qualified attorney. As seen here, claims are no longer valid after a certain time period. It's not a good idea to wait in cases like this.
Source: FindLaw, "Wrongful Death Claims: Time Limits and the "Discovery" Rule," accessed Feb. 15, 2015
No Comments