Common Defenses To Wrongful Death Claims
Losing a loved one is one of the most devastating things in life. It can be even more distressing when you lose a loved one due to the negligence of another party. In Ohio, when you lose a loved one due to the neglect, default, or wrongful act of another party, you and your family have the right to file a wrongful death claim against the at-fault party and seek justice and compensation. While no amount of money can bring back your loved one, holding the at-fault party accountable is necessary because the sudden loss of a loved one can bring significant financial hardships, including funeral expenses and loss of income. Also, a wrongful death claim holds the responsible party accountable and ensures that the negligence or misconduct doesn’t go “unpunished.” However, receiving justice and compensation after the wrongful death of a loved one can be complex. Often, defendants in wrongful death cases employ various defenses to mitigate or avoid liability. Understanding the common defenses to wrongful death claims can help you prepare for potential challenges in your pursuit of justice and compensation. Below are some of the common defenses to wrongful death claims:
- Contributory or Comparative Negligence
One of the most common defenses to wrongful death claims involves arguing that the deceased person’s actions contributed to their death. In states that follow the contributory negligence rule, a defendant may not be held liable if the deceased individual is found to be even slightly at fault. In contrast, in states that follow the comparative negligence rule, compensation may be awarded even if the deceased individual’s actions contributed to their death. Under Ohio Revised Code Section 2315.33, compensation is available if a party is 50% or below at fault for the incident or accident that caused their death. However, under the comparative negligence rule, damages are reduced according to the percentage of fault of the decedent.
- Pre-Existing Condition
The defendant in your case may argue that your deceased loved one had a pre-existing condition that was the primary cause or that significantly contributed to their death. If the defendant raises this defense, comprehensive medical records and expert testimony can help you substantiate your claim.
- No Causation
To recover compensation for the damages suffered due to the wrongful death of your loved one, you must prove that the defendant’s actions directly caused the death. The defendant might argue that your loved one’s death occurred due to an unrelated or intervening act.
- Expiration of the Statute of Limitations
There is a time limit for filing wrongful death claims. A defendant can argue that your wrongful death claim was filed after the legally allowed time limit. If they are successful, this defense can lead to your case being dismissed. Under Ohio Revised Code Section 2125.02, you generally have two years after the death of a loved one to file a wrongful death claim. It is vital to adhere to the set deadline. Although you generally should contact an attorney in a timely manner to discuss the applicable time limitations.
Contact a Columbus Wrongful Death Lawyer
If you’ve lost a loved one due to the neglect, wrongful act, or default of another party, contact our Columbus wrongful death lawyers at the law firm of Brian G. Miller CO., L.P.A. for legal help.
Source:
codes.ohio.gov/ohio-revised-code/section-2125.02
