Wrongful Death Law in Ohio
Columbus, Ohio
Historically, the common law did not recognize wrongful death claims because the claims were thought to have died with the decedent. Over the years, however, many states have corrected this oversight in tort law by enacting statutes to permit surviving family members to seek monetary compensation from the wrongdoer who caused the death. Ohio’s wrongful death statute is found in Chapter 2125 of the Ohio Revised Code.
Robert W. Kerpsack Co., L.P.A., is an experienced wrongful death attorney who represents people across the United States in Ohio courts. If you have lost a loved one due to the wrongful act of a third party, please contact our office today for confidential consultation to discuss your case. All initial consultations are free.
Bringing a Wrongful Death Claim
A wrongful death claim may be brought against anyone thought to be liable for your loved one's death. Deaths occur under various circumstances in which someone may be liable, including:
- Medical malpractice
- Motor vehicle accident
- Construction accident
A successful wrongful death case occurs when a wrongdoer is found to be either negligent or strictly liable for causing the death.
In Ohio, the administrator/executor of a decedent’s estate must file a wrongful death lawsuit prior to the two-year anniversary of the death. Shorter time periods may apply to claims of damages suffered by a decedent prior to the death. Failure to file a timely lawsuit is usually a complete bar to recovery.
Distribution of Wrongful Death Damages
When a wrongful death claim is successfully litigated or settled in Ohio, the recovered damages are distributed equitably to the decedent’s beneficiaries by order of the probate court in the county where the decedent resided. Sometimes, the probate court appoints a legal guardian to protect the interests of beneficiaries who are either a child or mentally incompetent. Ohio probate courts also frequently order the distribution of dependant children to be placed in a wrongful death trust until the child reaches twenty-five years of age.
Damages that may be recovered in an Ohio wrongful death suit include:
- Loss of support
- Loss of services
- Loss of society
- Loss of prospective inheritance
- Mental anguish
- Funeral and burial expenses
If you have suffered the loss of a loved one due to the fault of a wrongdoer, please contact Columbus, Ohio wrongful death attorney Robert W. Kerpsack Co., L.P.A., for a free initial consultation to discuss your legal options. You may have wrongful death claims for your emotional and financial losses.
