Lost a Loved One Due to Someone Else’s Negligence?

We’re sorry you’re here. Losing someone because of another person’s negligence, recklessness, or wrongful act is devastating. No legal process can undo that loss. But Ohio law gives your family the right to seek accountability and financial security.

Before thinking about legal claims, take the time you need to grieve. Surround yourself with people who support you. There are urgent legal timelines you’ll need to be aware of, but the most immediate priority is your family’s wellbeing.

That said, if the death occurred in circumstances that may involve legal liability — a car accident, a truck crash, a workplace incident, a medical error, a defective product, or a criminal act — it’s important to begin protecting evidence and understanding your options soon.

Keep everything connected to the circumstances of the death: the police or accident report, all medical records and hospital bills, correspondence from insurance companies, documentation of funeral and burial expenses, your loved one’s employment records, pay stubs, and tax returns, and photos or other documentation of the incident scene.

If the death resulted from a vehicle accident, make sure the police report has been filed. If it resulted from medical care, request complete medical records from every provider involved. Evidence can be lost, overwritten, or destroyed quickly — especially electronic records, surveillance footage, and vehicle data.

Under Ohio Rev. Code § 2125.02, a wrongful death claim must be filed by the personal representative (executor or administrator) of the deceased person’s estate. If there’s already an executor named in a will, that person files. If there’s no will, the probate court appoints an administrator.

The claim is filed on behalf of the deceased person’s surviving beneficiaries, which typically include the surviving spouse, children, and parents of the deceased. The compensation recovered is distributed to these beneficiaries according to Ohio law.

If an estate hasn’t been opened, an attorney can help with the probate process to establish a personal representative and enable the wrongful death claim to proceed.

Under Ohio Rev. Code § 2125.02, the statute of limitations for wrongful death is two years from the date of death — not two years from the date of the incident that caused the death. If the person was injured in an accident and died weeks or months later from those injuries, the clock starts on the date of death.

This is a hard deadline. Miss it and the family permanently loses the right to file a wrongful death claim in Ohio courts. Given the complexity of these cases — opening an estate, appointing a personal representative, gathering evidence, and retaining experts — starting the process early is essential.

Ohio recognizes two separate but related claims when someone dies due to another’s negligence.

Wrongful death claim (Ohio Rev. Code § 2125.02): Filed on behalf of the surviving beneficiaries. Compensates for the losses suffered by the family — loss of financial support, loss of companionship and consortium, loss of parental guidance (for surviving children), mental anguish of survivors, and funeral/burial expenses.

Survival claim (Ohio Rev. Code § 2305.21): Filed on behalf of the deceased person’s estate. Compensates for the damages the deceased person suffered between the time of injury and death — their medical expenses, pain and suffering, lost wages during that period, and other personal losses.

Both claims can (and often should) be pursued simultaneously. They address different types of damages and together provide the fullest possible recovery for the family.

Wrongful death damages in Ohio may include: loss of the deceased person’s expected future income and financial support, loss of benefits (health insurance, retirement contributions), funeral and burial expenses, loss of the deceased person’s services, companionship, care, guidance, and consortium, mental anguish and emotional suffering of the surviving beneficiaries.

Survival claim damages may include: the deceased person’s medical expenses from the injury to death, pain and suffering experienced by the deceased before death, and lost wages during the period between injury and death.

In cases involving extreme recklessness or intentional misconduct, punitive damages may also be available under Ohio Rev. Code § 2315.21, capped at two times compensatory damages.

Wrongful death can result from many types of negligence, and multiple parties may be responsible: the driver who caused a fatal car or truck accident, a trucking company that pressured unsafe driving, a healthcare provider who committed a fatal medical error, a property owner whose negligence caused a fatal fall, an employer whose unsafe workplace caused a fatal injury, a manufacturer whose defective product caused a death, or a bar or restaurant that served a visibly intoxicated person who then caused a fatal accident (Ohio dram shop law, Ohio Rev. Code § 4399.18).

Identifying all responsible parties maximizes the potential sources of compensation for the family.

Wrongful death cases are among the most complex and emotionally challenging areas of law. They require navigating probate court to establish a personal representative, investigating the circumstances of death thoroughly, identifying all liable parties, working with medical, economic, and vocational experts, calculating the full financial and personal impact on the family, and managing litigation against defendants who will fight aggressively.

An experienced Columbus wrongful death attorney handles all of this while you focus on your family. Most work on contingency — you pay nothing unless they recover compensation. The initial consultation is free and confidential.