Three Things to Know About Wrongful Death Claims June 5, 2012.
If you believe a medical mistake caused someone’s death, we welcome you to contact our wrongful death attorneys with any questions you may have. Below, we answer some common concerns we’ve heard in our thirty years of practice.
What Is a Medical Malpractice Wrongful Death Claim?
Wrongful death may be the result of negligence, reckless behavior, or intentional murder. Medical malpractice wrongful death occurs when a healthcare provider causes death by neglecting medical care or making a mistake. Not all wrongful death cases are due to medical malpractice, and not all malpractice cases end in wrongful death.
How Long Do I Have to File a Wrongful Death Claim in Ohio?
The time you have to file a wrongful death claim is limited. The law calls this the "statute of limitations." In most states, the clock starts ticking as soon as the individual dies. In others, the window of time begins to close as soon as the medical facility contacts loved ones to notify them of the death.
Who Is Eligible to File a Wrongful Death Claim?
In some states, only spouses and children can file wrongful death lawsuits. In others, grandparents and close relatives may sue. Please note that only one relative may file a claim, but the court can divide the settlement among multiple relatives.
Can I File a Wrongful Death Claim?
We invite you to contact our Cleveland office with any questions you may have about Ohio law, how much time you have left to file a claim per the statute of limitations, and prior case results.