Ohio only allows a deceased person’s personal representative to file a wrongful death claim for them. The deceased may elect a personal representative, also called an executor, before their death. If they didn’t elect a personal representative, the state may elect a representative on the deceased’s behalf.
A Columbus wrongful death lawyer can determine whether or not you’re someone’s personal representative. If you are, you can work with a lawyer to request damages for a loved one’s wrongful death.
What Is a Personal Representative?
The term “personal representative,” when used in a legal context, describes someone who represents another person’s estate. We can use the term interchangeably with “executor” or “personal executor.”
It’s assumed that personal representatives will act in good faith when representing the wants of a person who’s died. These parties have specific responsibilities in the face of their representative’s death, including the following:
- Arranging the deceased’s funeral
- Informing people who may inherit the deceased’s estate of their possible inheritance
- Determining the value of the deceased’s estate
- Determining the cost of the deceased’s debts
- Managing and securing the deceased’s property
- Filing all tax returns on time
The name of a personal representative must appear in the deceased’s will for the court to recognize the representative’s influence on a person’s post-life care. A Columbus personal injury lawyer can inspect a relevant will to identify a personal representative if that information is available.
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How does Someone Choose a Personal Representative?
There is no formal process for choosing a personal representative. This person is often a close friend or relative of the deceased. A person may select a personal representative at their leisure before their death.
However, for the courts to formally recognize someone as a personal representative, that person must name their personal representative in their will.
When Can You File a Wrongful Death Claim?
You know who can file a wrongful death claim, but when can a personal executor open a case? Personal representatives must prove that a loved one’s death stemmed from avoidable neglect if they want to initiate civil proceedings. The “wrongful act” that may entitle a family to a wrongful death case may include the following:
- Intentional acts of violence, including assault
- Accidental negligence
- Purposeful negligence
Some of the most common wrongful acts to entitle families to wrongful death cases include drunk driving and nursing home abuse.
If you want to file a wrongful death claim on a loved one’s behalf, make sure you act within Ohio’s statute of limitations. Ohio Rev. Code § 2305.10(A) gives families up to two years to compile their claims.
Can You Charge Someone With a Crime After a Loved One’s Wrongful Death?
As a civilian, you do not have the right to arrest or charge someone for any criminal behavior that may have caused your loved one’s death. However, you’re not helpless in the face of injustice.
If officers arrest someone after your loved one’s death, you can contribute your testimony to the officers’ case. A state prosecutor may later ask you to present a similar testimony to a judge and jury.
While you can’t open a criminal investigation into a loved one’s death, a criminal case can benefit your recovery. When filing a wrongful death case with a civil judge, you can submit a guilty verdict as evidence of a person’s wrongdoings. While doing so won’t win your case outright, it can strengthen your argument for financial support.
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How to Prove Negligence in a Wrongful Death Case
Without evidence of avoidable negligence, you cannot move a wrongful death claim forward. You must prove that your loved one’s death resulted from someone else’s violated duty of care.
You make this point by bringing forward evidence of another party’s negligence. That evidence may include electronic data, bystander testimony, and autopsy results. Our lawyers can gather this data on a personal representative’s behalf to minimize the trauma that may otherwise stem from the process.
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Who Benefits from a Wrongful Death Claim?
Personal representatives work for a loved one’s family, but they don’t always benefit from the claim-filing process. The parties that explicitly benefit from a wrongful death claim include the following:
- The deceased’s spouse
- The deceased’s parents
- The deceased’s children
- Other dependants
If a personal representative opens a case into a loved one’s death, they can ensure any damages from that case make it to these parties. Executors can work with experienced wrongful death lawyers to ensure each beneficiary receives support as dictated by circumstances and the deceased’s will.
What Can Columbus Wrongful Death Lawyers Do for You?
While several family members can benefit from a wrongful death claim, only the deceased’s personal representative may file for support. If you’re a personal representative, you need to bring a wrongful death claim forward on a loved one’s behalf before your wrongful death statute of limitations expires.
A Columbus wrongful death attorney can help you determine who can file a wrongful death claim and what the process requires of you. Our decades of experience help us oversee post-death legal care without compromising your right to grieve.
You can book a free case evaluation with our staff today.
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