Fatal Ohio child accident wrongful death claims can be difficult

September 12th, 2009 Author: Anneke

Losing a child in a tragic Ohio accident can be devastating. Even harder is figuring out what action to take against the party who caused the unthinkable death.

Wrongful death claims are mostly controlled by Ohio Revised Code §§ 2125.01, 2125.02, and 2125.03. Those code sections come from the state’s probate laws.

The law allows the executor or administrator of the deceased child’s estate to bring a claim against the person or entity whose negligent conduct or wrongful act caused the child’s death.

A case can be brought if the child could have maintained a claim for negligence or wrongful conduct had the death not occurred. That means the executor would need to show that the other party acted in a negligent or wrongful way and that conduct caused the death. Wrongful death cases can be brought for negligent acts such as car accidents and medical malpractice, or criminal acts like murder and manslaughter.

If you or someone you know has lost a child due to a fatal Ohio child accident, order your free copy of Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio, or The Ohio Wrongful Death Book.

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