In Ohio, wrongful death and negligent homicide are two separate legal terms. Knowing what they mean can help you understand your options in a legal situation.
Wrongful death
Wrongful death happens when someone dies because of another person’s careless or intentional actions. The family of the person who died can file a civil lawsuit to get money for their loss. This money can cover things like lost income, companionship, medical bills, and funeral expenses. Ohio law sets a statute of limitations, which generally gives the family two years from the date of death to file a wrongful death claim.
Negligent homicide
Negligent homicide is a criminal charge. It means someone caused another person’s death by being careless, but they didn’t intend to kill them. The state prosecutes negligent homicide cases, which can lead to fines or jail time. The severity of the penalties can vary based on the specifics of the case, including whether the negligent behavior involved a violation of any laws.
Key differences
The biggest difference lies in the nature of the cases. Wrongful death cases serve to compensate the family of the person who died, while negligent homicide cases focus on punishing the person responsible. The family initiates wrongful death cases, while the state handles negligent homicide cases.
Knowing your options
Understanding the difference between wrongful death and negligent homicide is crucial. Wrongful death seeks to help the family financially, while negligent homicide deals with criminal punishment. Recognizing these distinctions can help you understand your rights and what might happen in these situations.