Wrongful Death Claims in Ohio: What Families Need to Know
What Is a Wrongful Death Claim?
A wrongful death claim allows surviving family members to seek compensation when a loved one dies because of another party’s negligence, recklessness, or intentional act. Common causes include car and truck accidents, medical malpractice, defective products, and criminal acts. While no amount of money can replace a loved one, a wrongful death claim can ease the financial burden left behind and hold the responsible party accountable.
Who Can File a Wrongful Death Claim in Ohio
Under Ohio law, a wrongful death claim must be brought by the personal representative of the deceased person’s estate, on behalf of the surviving family members. Those who may be entitled to recover damages typically include:
- Surviving spouse
- Children, including adopted or biological
- Parents of the deceased, especially if there is no spouse or children
- Other relatives who can show they suffered a direct financial or emotional loss
Damages Available in an Ohio Wrongful Death Case
Ohio law allows families to pursue both economic and non-economic damages. These may include:
- Lost wages and benefits the deceased would have earned
- Loss of the deceased’s services, care, and guidance
- Funeral and burial expenses
- Loss of consortium and companionship for a surviving spouse
- Mental anguish suffered by surviving family members
The Statute of Limitations
In Ohio, a wrongful death claim generally must be filed within two years of the date of death. This deadline can be affected by certain circumstances, such as when the cause of death was not immediately known or when a criminal investigation is ongoing. Missing this deadline typically means losing the right to pursue compensation altogether, so it’s important to speak with an attorney as soon as possible after a loss.
How an Attorney Can Help During a Difficult Time
Pursuing a wrongful death claim while grieving is incredibly difficult. An experienced attorney can investigate the circumstances of the death, gather evidence, negotiate with insurance companies, and if necessary, take the case to trial, allowing the family to focus on healing. At Yonas & Phillabaum, we handle these sensitive cases with compassion while aggressively pursuing the compensation families deserve.
Wrongful Death vs. Survival Actions
Ohio law also recognizes a related but separate claim called a survival action, which compensates for the pain, suffering, and medical expenses the deceased person experienced between the time of injury and death. A wrongful death claim, by contrast, compensates the surviving family members for their own losses. In many cases, both types of claims are pursued together as part of the same lawsuit, and it’s important to have an attorney who understands how to properly separate and present these damages to the court or insurance company.
Settlement Distribution Among Family Members
When a wrongful death settlement or verdict is reached, Ohio probate courts often play a role in approving how the proceeds are divided among the surviving beneficiaries, particularly when minor children are involved. This process is designed to ensure the distribution is fair and reflects each family member’s relationship with and dependence on the deceased.
