What is Considered Wrongful Death in Ohio?

Wrongful death form and stethoscope on a table.

Losing a loved one is a painful event that can change your life and leave you with a whirlwind of emotions. That tragedy is compounded when the loss of a loved one is caused by someone else’s negligence or other wrongful act.

If you lost a loved one and suspect someone else was at fault, RKPT’s wrongful death attorneys can help. We will listen as you explain your situation, help you evaluate your legal rights and options, investigate the cause of death, and work to seek the compensation you and your family deserve.

We understand that no amount of money will make up for the loss of a loved one. But financial compensation can ease the burden of suddenly and unexpectedly losing a loved one by replacing lost income and inheritance, paying for the cost of future living expenses, and providing peace of mind knowing that justice has been served.

Understanding the Ohio Wrongful Death Statute

In Ohio, a wrongful death lawsuit is filed in the name of the estate of the deceased person. The wrongful death statute allows the family of the deceased person to seek compensation when a loved one died because of someone else’s negligence or other wrongful act.

Money recovered in a wrongful death case does not become an asset of the estate of the deceased person. Rather, the money is allocated to specific beneficiaries designated under Ohio’s wrongful death statute, which is typically a surviving spouse, children, or parents.

By filing a wrongful death claim, your family may be able to recover compensation for:

  • Economic damages, including the cost of medical care and treatment, funeral and burial costs, lost wages, and costs associated with child care and lost inheritance
  • Non-economic damages for the pain and suffering that was experienced by your loved one as well as the family members who were left behind
  • Loss of society, which may include a wide variety of things such as companionship, consortium, advice, protection, and assistance
  • Punitive damages to punish the defendants for their wrongful conduct and to deter wrongful conduct in the future

Who Can File an Ohio Wrongful Death Lawsuit?

An Ohio wrongful death claim is filed by the deceased person’s “personal representative” in the name of the deceased person’s estate. The personal representative is often a close family member such as a spouse, parent, or child. It could also be a legal representative appointed by the court.

What Is the Statute of Limitations on Wrongful Death in Ohio?

Under Ohio law, a claim for wrongful death must be filed within two years from the date of death of your loved one. However, shorter time limits may apply depending on the nature of your case. To protect your family’s right to compensation, we recommend contacting an Ohio wrongful death lawyer as quickly as possible.

Examples of Ohio Wrongful Death Claims

A claim for wrongful death can arise whenever someone is killed because of someone else’s negligence or wrongful act. Common causes of wrongful death include:

  • Car accidents
  • Truck accidents
  • Medical malpractice
  • Nursing home neglect or abuse
  • Defective products
  • Premises liability claims
  • Death at the workplace due to occupational hazards

Navigating Ohio’s Wrongful Death Statute

Filing a wrongful death lawsuit is quite complicated. Ohio claims for wrongful death are often accompanied by claims of negligence and a survival action. To successfully bring a wrongful death lawsuit, you will need to gather evidence to prove the cause of death and establish the measure of damages. Most cases will require testimony from multiple experts in diverse fields.

In addition to the wrongful death claim, most wrongful death lawsuits in Ohio also include claims for the underlying negligence that caused the death of your loved one. You will need to gather evidence to prove the negligence that caused the death of your loved one.

Finally, most Ohio wrongful death lawsuits also include a survivorship claim. The survivorship claim seeks compensation for the conscious pain and suffering your loved one experienced before they died. This claim represents the lawsuit your loved one would have been able to bring against the party or parties that caused them harm if they were still alive. The survival claim focuses exclusively on the deceased person and does not include compensation for the loss and suffering experienced by the family members who were left behind. Money recovered in a survivorship claim becomes part of the deceased person’s estate and is distributed according to the estate plan or, if there was no estate plan, according to state intestacy laws

RKPT’s Cincinnati, Ohio, Wrongful Death Attorneys Help You Seek Justice After the Loss of a Loved One

Losing a loved one because of someone else’s bad acts is a profound personal tragedy. Seeking compensation for your loss can be emotionally exhausting.

After the loss of a loved one, the Ohio wrongful death attorneys at RKPT can ease your burden and help your family obtain the compensation they deserve. We will carefully investigate the circumstances that led to your loss and build a compelling case to hold the bad actors accountable for the harm they caused. To learn more, call (513) 721-3330 or contact us today to schedule a free, confidential, no-obligation consultation to discuss the loss of your loved one and how our attorneys can help.

Categories: Wrongful Death