What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by the surviving family members of a person who died as a result of another party's negligence or intentional act. Common causes include car accidents, truck accidents, medical malpractice, workplace accidents, and defective products.
In Ohio, a wrongful death claim is brought by the personal representative of the deceased's estate on behalf of the surviving spouse, children, and parents. The goal is to compensate the family for the financial and emotional losses caused by their loved one's death.
What Damages Can Be Recovered
Lost Financial Support
The income and financial contributions the deceased would have provided to the family over their expected lifetime.
Loss of Companionship
The loss of the deceased's society, companionship, care, and guidance that surviving family members will no longer receive.
Medical and Funeral Expenses
Medical bills incurred before death and funeral and burial expenses are recoverable as part of the wrongful death claim.
Mental Anguish
Compensation for the grief, mental anguish, and emotional suffering experienced by surviving family members.
Loss of Services
The value of household services, childcare, and other contributions the deceased would have provided to the family.
Punitive Damages
In cases involving egregious misconduct, punitive damages may be available to punish the wrongdoer and deter similar conduct in the future.
2-Year Statute of Limitations
Ohio wrongful death claims must be filed within two years of the date of death. Acting promptly preserves evidence and protects your family's rights.
Survival Claims
In addition to the wrongful death claim, a survival claim may be brought for damages the deceased suffered between the injury and death, including pain and suffering.
Who Can Bring the Claim
In Ohio, the personal representative of the estate brings the wrongful death claim on behalf of the surviving spouse, children, and parents who are entitled to share in the recovery.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Ohio?
The personal representative of the deceased's estate files the lawsuit on behalf of the surviving beneficiaries, which include the spouse, children, and parents of the deceased.
How is wrongful death compensation distributed?
The probate court distributes the wrongful death recovery among the surviving beneficiaries based on the losses each has suffered. The distribution is not necessarily equal.
Can I file a wrongful death claim if there was also a criminal case?
Yes. A criminal case and a civil wrongful death claim are separate proceedings with different standards of proof. A criminal acquittal does not prevent you from pursuing a civil wrongful death claim.
What if my loved one was partially at fault?
Ohio's comparative fault rules apply to wrongful death claims. If the deceased was partially at fault, the recovery is reduced by their percentage of fault, but you can still recover as long as the deceased was not more than 50% at fault.
How long does a wrongful death case take?
Most wrongful death cases resolve within 1 to 3 years. The timeline depends on the complexity of the liability issues, the number of parties involved, and whether the case settles or goes to trial.