When someone you love dies because of another person’s careless or wrongful actions, the emotional and financial toll can be devastating. In Ohio, wrongful death laws give surviving family members the right to seek compensation from the responsible party. While no legal action can undo the loss, a wrongful death claim can provide justice and help ease the burden left behind.
Who Can File a Wrongful Death Claim in Ohio?
In Ohio, the only person allowed to file a wrongful death lawsuit is the personal representative of the deceased person’s estate. This person may be named in a will or appointed by the court. The claim is filed on behalf of the surviving family members, such as:
- A spouse
- Children
- Parents
- Other next of kin (if none of the above survive)
All qualifying family members may receive a portion of the compensation awarded.
What Situations Can Lead to a Wrongful Death Lawsuit?
Wrongful death claims in Ohio arise when someone dies as a result of negligence, recklessness, or intentional harm. Common causes include:
- Car and truck accidents
- Motorcycle crashes
- Pedestrian and bicycle accidents
- Medical malpractice
- Nursing home abuse or neglect
- Defective products
- Criminal acts
- Construction and workplace accidents
If the deceased would have had the right to file a personal injury claim had they survived, then their estate may pursue a wrongful death claim instead.
Damages Available in an Ohio Wrongful Death Case
Ohio law allows for both economic and non-economic damages, which may include:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Loss of the deceased’s income and services
- Loss of companionship, care, and guidance
- Mental anguish experienced by surviving family members
In rare cases, punitive damages may be awarded to punish egregious behavior or intentional wrongdoing.
Statute of Limitations for Wrongful Death in Ohio
Wrongful death claims in Ohio must be filed within two years of the date of death. Missing this deadline may result in losing your right to file a claim, no matter how strong the case is.
If a government agency is involved, you may need to file a notice of claim within a shorter time frame, so speaking with a lawyer early is important.
Car Accidents and Wrongful Death in Ohio
Car crashes are one of the most common causes of wrongful death in Ohio. Whether your loved one was killed in a drunk driving crash, a distracted driving incident, or a high-speed collision, a wrongful death claim may be possible.
Ohio uses a modified comparative negligence rule. This means the deceased must have been less than 51% at fault for the crash in order for the family to recover compensation. The total award is reduced in proportion to any shared fault.
Workplace Deaths and Third-Party Claims
Families of workers who die on the job may be eligible for workers’ compensation death benefits through the Ohio Bureau of Workers’ Compensation.
However, if a third party—such as a contractor or equipment manufacturer—played a role in the death, a separate wrongful death lawsuit may be filed for additional compensation beyond workers’ comp benefits.
Frequently Asked Questions About Wrongful Death in Ohio
Can siblings file a wrongful death claim in Ohio?
Only the personal representative of the estate may file the lawsuit. Siblings may be eligible to receive compensation if they are next of kin and other primary family members are not living.
What happens if the deceased had no will?
The court will appoint a personal representative to handle the estate and file the wrongful death claim. This is often a close family member.
Do I need to prove the responsible party committed a crime?
No. Wrongful death lawsuits are civil claims. You can file a lawsuit even if no criminal charges are brought against the person responsible.
Are pain and suffering damages available?
Yes, Ohio allows for compensation for the mental anguish of the surviving family members as well as any pain and suffering the deceased experienced before death.
Contact an Ohio Wrongful Death Lawyer
If your family is dealing with the loss of a loved one due to someone else’s negligence, an Ohio wrongful death attorney can help you take legal action. With experience navigating the legal system and insurance negotiations, a lawyer can help your family secure the financial support and closure you deserve. Reach out today for a free consultation.