There is a deadline
Ohio sets a period for bringing a wrongful death claim. It is generous compared with the first weeks of grief, and it is still absolute once it passes.
Vehicle Accidents
Ohio Wrongful Death Lawyers
Nothing about a claim undoes this. What it can do is stop the people responsible from deciding what your family is owed.
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You do not have to deal with any of this yourself.
If someone has died because another person was careless, a claim exists. We are aware that reading that sentence does not help very much, and that the last thing a family wants in the first weeks is a process to manage.
So the first thing worth saying is practical. You do not have to speak to the insurer, gather the records, work out who is responsible, or make any decision quickly. Those are the parts we take over, and the family is not required to be involved in them at all.
The second is that the insurer is already working. A file is open, an adjuster is assigned, and an early offer is a real possibility. That offer arrives before anybody knows what the family has actually lost.
Who this page is for
Your husband, wife, parent, child or another close family member has died in Ohio, and somebody else caused it. Most often that is a vehicle collision. It can also be a workplace incident, in which case a workers’ compensation claim may run alongside this one.
- We deal with the insurer The family does not have to speak to them at all.
- We gather the records Nothing to chase, nothing to file.
- One point of contact The same person, for as long as it takes.
- No urgency from us You are not asked to decide anything quickly.
How an Ohio wrongful death claim works
A wrongful death claim is brought on behalf of the family rather than by each relative individually, and it is usually brought by the personal representative of the estate. Part of the early work is simply establishing who that is and getting them appointed, which is administrative and which we handle.
What the claim covers
Broadly, the losses the family has suffered: financial support the person would have provided, the services and care they gave, and the loss of their companionship, society and guidance. There may also be a separate claim for what the person themselves went through before death, including their own medical expenses and their suffering.
Two claims, sometimes
Where the death happened at work, a workers’ compensation death claim may exist as well as this one, and they are not alternatives. Both are handled here, which means nobody has to explain the same events to two firms.
What tends to matter most
Practical things, in the order they usually come up.
Evidence goes first
Vehicles are repaired or scrapped, footage is overwritten, and witnesses move. Preserving it early costs nothing and cannot be done retrospectively.
The early offer
An offer made before the full loss is understood is not a valuation. Accepting it ends the claim for everyone it covers.
No fee unless we win
There is nothing to pay while the claim runs and no fee at all if there is no recovery.
Questions
Wrongful death questions
General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.
Who is allowed to bring the claim?
It is brought by the personal representative of the estate, for the benefit of the surviving family. If no representative has been appointed yet, that is part of what we arrange. Individual relatives do not each need to bring their own claim.
There is a criminal case as well. Does that change things?
The two run separately. A criminal prosecution is the state deciding whether to punish somebody; this claim is the family’s own and does not depend on a conviction. A criminal case can affect timing and can produce useful evidence, and it does not have to finish first.
How long does it take?
Longer than a straightforward injury claim, because the losses take longer to establish and because the sums involved mean insurers rarely concede early. We would rather tell you that at the outset than promise a timescale nobody can hold to.
We do not want to go to court.
Most of these resolve without a trial. Being prepared to file suit is often what moves an insurer, and being prepared to do it is not the same as having to do it. You would not be committed to a trial by starting a claim.
What does it cost?
Nothing up front and nothing while the claim runs. These cases are handled on a contingency fee, so our fee comes out of any recovery, and if there is none there is no fee.
The deadline
Ohio generally allows two years from the date a personal injury claim arises to bring it (Ohio Revised Code § 2305.10), and two years from the date of death in a wrongful death claim (§ 2125.02).
Shorter notice periods can apply where a government entity or a public vehicle is involved. Because the consequence of missing a deadline is total, it is worth confirming the one that applies to you early rather than assuming. General information about Ohio law rather than advice on your own facts.
Other Vehicle Accidents pages
The rest of this practice area, in case your situation fits one of them better.
All Vehicle Accidents
Car, truck and motorcycle collisions.
Car Accidents
Collisions with another driver, and the adjuster who follows.
Truck Accidents
Commercial carriers, federal safety rules and layered insurance.
Motorcycle Accidents
Rider bias, severe injuries and a case built on the facts.
Bicycle Accidents
Cyclists get blamed first. The evidence usually says otherwise.
Pedestrian Accidents
Severe injuries, and an argument about where you were standing.
Rideshare Accidents
Uber and Lyft, and which policy actually pays.
Catastrophic Injuries
Life-changing injury, valued across a lifetime rather than a year.
The three areas we handle
One incident can open more than one claim, and they are handled together here.
Client Reviews
What our clients say
Casper, Casper & Casper have always done an excellent job for us. We have used them once before and are now using them again and both times they have been super professional and always on top of our cases. Communication is easy and they are friendly and actually seem to care about the case.
Vicki Bell
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I was very pleased with how the firm handled my case. They took care of everything and kept me inform through the entire process. There was not any surprises and the result was what I was expecting. I appreciate the care and time the firm took on my case.
T T Sankey
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From the get go I was constantly updated with what was going on with my case. Given realistic time frames about how the case should go. If I ever needed to speak with someone about my case I always got a call back quickly. They won my case for me way ahead of time. I feel truly blessed by having the Casper team handling my case. The whole process went through amazingly fast with no pressure on me.
Jason Smith
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By far, the best Law firm and representative I have ever had. The paralegals the lawyers the whole team is very professional very patient very understanding very kind. Communication is perfect, and I am just so grateful to have came across the Casper team. I 100% recommend them for your legal needs.
James SaintPatrick
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They did a great job for me, they explained the process to me until I fully understood it. All I had to do was answer a few questions and they took care of the rest. They were able to win my case for me and I am truly thankful they did.
Tina LaMott
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From the first day I spoke with Mr Steve Casper he was certain we would win my case. He gave me all the confidence that I needed. It's been a long journey but well worth it. We made it and with a win!! Mr Steve Casper is amazing. Ben his assistant is very nice and very knowledgeable too.
Terri Coolidge
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