Most states have separate laws for how wrongful death claims are filed. Know the type of lawsuit you need to file and the damages you can recover. As an estate executor in Ohio, you have the option to file a survival claim or wrongful death claim.
Types of claims
If a person dies due to someone else’s negligence, the estate executor has two options for filing a wrongful death lawsuit. One option is to file a survival claim, and the second is to file a wrongful death claim. The person who represents your estate can file one claim or both claims.
In most cases, you can recover damages for medical expenses, lost wages and pain and suffering. Overall, evaluate the benefits of each option before going through probate.
Considerations when filing
When choosing the type of claim, consider the needs and wants of the deceased person and the needs of the beneficiaries. A wrongful death claim is suitable for the decedent’s closest family members like the spouse and children. A survival claim is provided to any person who is injured due to someone else’s negligence. Either type of claim can be filed after a person dies and made to benefit his or her beneficiaries. With or without an attorney’s help, file the claim and have it approved in a court that handles wills & probate.
The last step of handling an estate
The executor of a deceased person’s estate must prove wrongful death in court. He or she must file on behalf of the family members, beneficiaries or creditors. There are also deadlines for when to file a claim before it expires.
