An Ohio wrongful death claim cannot undo a loss, but it can hold the responsible party accountable and protect a grieving family's future.
Who May Bring the Claim
Under R.C. Chapter 2125, an Ohio wrongful death action is brought by the personal representative of the deceased's estate, for the exclusive benefit of the surviving spouse, children, and parents, and other next of kin.
Ohio law presumes that a spouse, children, and parents suffered damages from the death.
The Filing Deadline
The statute of limitations for wrongful death in Ohio is two years from the date of death — which may differ from the date of the underlying injury.
Recoverable Damages
Damages can include loss of financial support, loss of services, loss of the deceased's society, companionship, care, and guidance, mental anguish of the survivors, and funeral and burial expenses. A separate survival action may recover the conscious pain and suffering the deceased endured before death.
How Liability Is Proven
Wrongful death claims arise from car and truck crashes, medical malpractice, defective products, workplace incidents, and nursing home neglect. Proving liability follows the same principles as any injury case, and ohio follows a modified comparative negligence rule with a 51% bar (r.c. § 2315.33) still applies.
Injured in Ohio? Get a free, confidential case review. No obligation, and no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For guidance on your specific situation, consult a licensed Ohio attorney.