Legal Question in Personal Injury in Ohio
Wrongful death liability confusion...
My father was killed, resulting from a head injury, gotten while at work on a construction site run by a construction company that subcontracted my Dad's employer. The head construction company was cited and fined for safety violations by OSHA, in relation to the accident that resulted in my father's death. Can my family sue the construction company for killing my father, even though his employer was subcontracted by that company? The accident occured in Ohio, July 2002. Thank you for your help.
4 Answers from Attorneys
Re: Wrongful death liability confusion...
In Ohio, the executor of a person's estate is the party that sues for wrongful death on behalf of the beneficiaries of the estate. You don't indicate whether your father's estate is being probated, or where. The issue of liability will be fact-driven, so the investigation needs started immediately in order to meet the 2 year filing deadline. You'll need to provide additional information, but the answer to your question is "maybe" -- the question needs to be pursued further.
Best of luck, and condolences on the passing of your father.
Re: Wrongful death liability confusion...
The Ohio Wrongful Death and Workman's Compensation statutes would permit the personal representative of your father's estate to file suit against the General Contractor within 2 years of your father's death. This case would have to be filed in Ohio and local counsel from Ohio would need to be involved. I have a friend in Ohio, who like myself, is an attorney with primary focus on personal injury cases. He and I could handle this case in collaboration with one another. Please feel free to call me at the office (1-800-666-6623) or home(603-428-7243).
Re: Wrongful death liability confusion...
Ohio law does permit the personal representative of your father's estate to make a claim against the General Contractor, your father's employer, and any other possibly responsible party within 2 years of your father's death. This case would have to be filed in Ohio and local counsel from Ohio would need to be involved. Where did the accident take place? Is your father's estate being probated? You only have until July 2004. You need to talk to an attorney right away. I am available for a free consultation at 216.241.2500.
Re: Wrongful death liability confusion...
Your scenario raises a host of issues, but it would appear that the estate can sue the wrongdoer. The case needs to be investigated thoroughly and quickly. The two year statute of limitations will come by very quickly.
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