Everything You Need to Know About Wrongful Death Lawsuits in Ohio

They say that losing a loved one is like losing a piece of yourself. If you’re reading this, chances are you, too, are grappling with the unimaginable pain and anger that follows a tragic loss due to someone else’s negligence or recklessness.

Please know that while nothing can undo what happened, you are not powerless. Ohio law provides a path to hold the wrongdoer accountable and ease the financial strain on your family during this incredibly difficult time.

At The Jones Firm, we understand the incredible pain and challenges families face after a tragic loss. We’re here to provide compassionate guidance and advocacy during this difficult time. As experienced wrongful death attorneys, we’re here to explain the key factors that qualify a case as a wrongful death in Ohio.

Ohio’s Wrongful Death Statute

Ohio Revised Code Section 2125.01 defines a wrongful death as one that is “caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued.”

In other words, if the deceased person could have filed a personal injury lawsuit had they survived, their death may qualify as “wrongful.”
This may apply even if the death was caused by circumstances that would be considered a criminal act, such as vehicular manslaughter. A wrongful death claim is a civil matter separate from any criminal charges.

Examples of Wrongful Death Cases

Many different types of fatal accidents and misconduct can give rise to a wrongful death claim. Some common examples include:

• Car, truck, and motorcycle accidents caused by negligent drivers
• Medical malpractice, such as surgical errors or misdiagnosis
• Defective or dangerous products
• Workplace accidents due to safety violations
• Nursing home abuse and neglect

The key factor is that the death was caused, in whole or in part, by the wrongful actions or negligence of another party. Their conduct must fall short of the duty of care that a reasonable person would exercise in similar circumstances.

Elements of a Wrongful Death Claim in Ohio

To bring a successful wrongful death claim in Ohio, you must prove the following elements:

1. Duty of Care: The defendant (the person or entity you’re claiming against) must have owed a duty of care to the deceased. This means they had a legal obligation to act with a certain level of caution to avoid causing harm. For example, all drivers have a duty to operate their vehicles safely and follow traffic laws.
2. Breach of Duty: You must show that the defendant breached, or failed to uphold, their duty of care. Using the car accident example, if a driver was texting behind the wheel or speeding excessively, they would be breaching their duty.
3. Causation: The defendant’s breach of duty must have directly caused your loved one’s death. In other words, you need to prove that if not for the defendant’s negligent actions or inaction, your family member would still be alive.
4. Damages: Compensable losses in an Ohio wrongful death claim include funeral and burial costs, loss of financial support, loss of services, loss of companionship and guidance, and mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.

It’s important to note that while a police report, criminal charges, or traffic citation against the defendant can serve as powerful evidence in your wrongful death case, they aren’t necessary. A defendant can be held civilly liable for a death even if they weren’t criminally charged. That’s because the burden of proof in civil cases is lower than in criminal trials.

If you believe your loved one’s passing meets these criteria, you may have grounds for a wrongful death claim. However, these cases are complex and emotionally charged – that’s why it’s crucial to have an experienced attorney guide you through the process and fight for the justice your family deserves.

Who Can File a Wrongful Death Claim?

In Ohio, a wrongful death action must be filed by the personal representative of the deceased person’s estate. This is typically the executor or administrator named in their will or estate plan. If there is no will, the probate court will appoint an administrator.

However, any damages recovered in a wrongful death case are for the exclusive benefit of the deceased person’s surviving spouse, children, parents, or next of kin.

Damages in an Ohio Wrongful Death Case

While no amount of compensation can undo such a profound loss, a wrongful death claim can provide crucial financial relief and support during an impossibly difficult time. Damages that may be recovered include:

• Loss of support and services from the deceased person
• Loss of society, companionship, care, and guidance
• Mental anguish experienced by the surviving family
• Lost inheritance that would have been expected
• Funeral and burial expenses

In some cases, punitive damages may also be awarded if the defendant’s actions were particularly egregious or malicious. The purpose of punitive damages is to punish the wrongdoer and deter similar conduct.

Statute of Limitations for Ohio Wrongful Death Claims

It’s important to be aware that you have a limited amount of time to file a wrongful death lawsuit in Ohio. In most cases, the statute of limitations is two years from the date of death. However, some factors can toll (pause) or alter this deadline, so it’s crucial to consult with an experienced wrongful death attorney as soon as possible to preserve your rights.

In medical malpractice cases, the statute of limitations may be shorter. The Ohio Supreme Court ruled in Everhart that wrongful death claims involving medical negligence must be filed within four (4) years of the alleged negligent act or omission. Everhart v. Coshocton Cty. Mem. Hosp., Slip Opinion No. 2023-Ohio-4670. This means that a lawsuit must be filed before the wrongful death occurs in some cases.

Compassionate Advocacy When You Need It Most

If you’ve lost a family member and suspect that someone else’s negligence or wrongful acts are to blame, please know that you’re not alone. At The Jones Firm, we understand the profound grief and challenges you’re facing. We’re here to provide caring, responsive legal guidance through every step of the process.

You deserve to have a dedicated advocate in your corner with the experience and commitment to pursue the maximum compensation possible. We take the time to get to know our clients personally, understand their struggles, and convey their immense loss in settlement negotiations or at trial.

While legal action during a time of mourning may feel overwhelming, Ohio’s statute of limitations makes it important to act promptly to protect your rights. Reach out today for a free consultation, and let us fight for the justice your loved one and your family deserve.