Ohio Wrongfuld Death Lawyer on What Is An Ohio Wrongful Death Claim? youtube.com/watch?v=mXZWEFqTC-g
I begin our discussion about wrongful death claims by discussing what exactly wrongful death claims are. Perhaps you are familiar with the term wrongful death.
A wrongful death claim is an injury claim usually brought by a family member on behalf of the family for the emotional pain and suffering the family has suffered because of the death of their loved one.
It is called “wrongful” because another party did something wrong to the deceased to cause him or her to die.
The family member who brings the claim for other family members is called the executor if a will exists or personal representative if there is no will.
The family members who have been injured are called beneficiaries of the wrongful death claim. The personal representative represents the financial interests of the beneficiaries.
A wrongful death claim should not be confused with a survivor claim.
A survivor claim is a claim brought on behalf of the deceased family member for the pain and suffering the deceased may have suffered before they died. It includes pain, suffering, lost wages, medical expenses, and these damages are an asset of the estate and are distributed according to the will or if no will, an Ohio law called the probate code’s intestacy statute.
The wrongful death claim, in contrast, does not belong to the estate but is brought by the executor if a will exists or personal representative if no will for the benefit of beneficiaries and damages are paid directly to family member beneficiaries.
The survivor claim arises when the deceased person knew they were about to die or suffered after the accident but before they died.
These legal terms are confusing as the wrongful death claim belongs to those family members who did not die and the survivor claim is an asset of the estate of the deceased family member who did not survive. Odd but true.
These terms have little meaning to the average person, but it is important to be at least familiar with them. They do lead us into a discussion of the types of claims that must be investigated and potentially brought after the death of a loved one.
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