Ohio Wrongful Death Lawyer

Who files a wrongful death lawsuit in Ohio?

The personal representative of the estate files the case. That is usually the executor named in a will, or an administrator appointed by the probate court if there is no will.

The representative brings the case for the family members who suffered losses. Opening the estate is a required first step, and it can take time when there is no will or family members disagree. Starting that process early protects the 2-year deadline. The probate court also usually approves any settlement and how it is divided among family members.

What is the difference between a wrongful death claim and a survival claim?

Ohio recognizes two separate claims after a death. They are usually brought together but cover different losses.

• The wrongful death claim compensates the family for its own losses, such as lost support, lost services, lost companionship and guidance, and mental anguish.
• The survival claim compensates the estate for the person's own losses before death, such as conscious pain and suffering, medical bills and lost earnings between the injury and death.

Money from the wrongful death claim generally goes to the family members, while survival claim money goes into the estate, where it may be subject to the estate's debts.

What losses can an Ohio family recover?

Ohio law allows a broad range of losses in a wrongful death claim. They include both financial and personal losses.

• Lost financial support and prospective inheritance
• Lost services, care and assistance
• Loss of society, including companionship, consortium, guidance and advice
• Mental anguish of the surviving family members
• Reasonable funeral and burial expenses

The value of each depends on the person's age, earnings, health and relationships. Pay records, tax returns, family testimony and, in larger cases, an economist can help prove these losses.

Losses that are harder to put in numbers still matter. A parent who coached a child's team, cared for an aging relative, handled the household finances or simply anchored family life provided real value. We gather photos, letters and statements from friends, coworkers and relatives so the jury or insurer understands who the person was, not only what the person earned.

How does fault affect an Ohio wrongful death case?

Under Ohio's 51% bar, any fault assigned to the person who died reduces the family's recovery, and if that fault exceeds 50%, the family recovers nothing.

Here is an example. A woman is killed when a delivery truck runs a red light in Dayton. The defense argues she entered the intersection without looking. The jury values the family's losses at $1,000,000, finds the truck driver and company 85% at fault, and the woman 15% at fault. The family recovers $850,000. If the jury had found her 51% at fault, the family would recover nothing. Our truck accident page explains how carrier records help prove fault.

Does the criminal case affect the civil case?

No. A criminal case and a civil wrongful death case are separate. The criminal case seeks punishment, and the family's case seeks compensation. The civil case uses a lower standard of proof.

A drunk driver may plead to a lesser charge or never be charged at all, and the family can still win the civil case. A conviction can help prove fault, but the civil case does not need to wait for it. With only 2 years to file, waiting for the criminal case to end can be risky.

What should an Ohio family do now?

Open the estate, preserve evidence and avoid speaking with insurers before getting advice.

1. Ask the probate court about appointing a personal representative.
2. Gather the death certificate, police report and medical records.
3. Collect pay records and documents showing the person's role in the household.
4. Write down names of witnesses.
5. Call us for a free and confidential case review.

When a death follows a medical error, the malpractice rules, including the affidavit of merit, may also apply, as our Ohio medical malpractice page explains. Workplace deaths can involve both workers' compensation and claims against other companies, explained on our workplace and construction injuries page. Our Ohio overview covers the state's general rules. You pay no fee unless we recover compensation for your family.