The Jones Firm represents families across Columbus and central Ohio who have lost a loved one because of someone else’s negligence. No family should have to think about a legal claim while they are grieving. A wrongful death claim cannot undo the loss, but it can hold the responsible party accountable and provide for the family the person left behind, at a time when the bills and the unfairness of it all land on top of the grief.
This is also personal for our firm. Founder Geoff Jones built his practice after his own mother was killed by an impaired driver, and that experience shapes how we handle these cases for other families.
Who Can File a Wrongful Death Claim in Ohio?
In Ohio, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate, not by family members directly. The claim is brought on behalf of the surviving family. Under Ohio Revised Code § 2125.02, the people it benefits are:
- The surviving spouse
- The surviving children, including adopted children
- The surviving parents
- Other next of kin, such as siblings, who can show they suffered a real loss
The spouse, children, and parents are presumed to have suffered a loss; other relatives must demonstrate theirs. If no personal representative has been named, the probate court can appoint one so the claim can move forward. You can read more about what qualifies as a wrongful death case.
What Damages Can a Wrongful Death Claim Recover?
Ohio law (Ohio Revised Code § 2125.02) sets out the specific losses a wrongful death claim can compensate. They include:
- Loss of financial support the deceased would reasonably have provided
- Loss of services the deceased provided to the family
- Loss of society, including companionship, care, guidance, and counsel
- Loss of prospective inheritance the heirs would have expected
- The mental anguish suffered by the surviving spouse, children, parents, and next of kin
- Funeral and burial expenses
These losses are real, and many of them are not the kind that come with a receipt. Putting an honest value on them is a central part of the work. Our overview of the losses in a wrongful death claim goes into more detail.
Wrongful Death and Survival Actions Are Two Different Claims
This distinction is one most families are never told about, and it matters. A wrongful death claim compensates the family for their losses after the death. A separate survival action compensates the estate for what the deceased person themselves endured between the injury and their death, such as their own pain, suffering, and medical expenses.
The two claims cover different harm and are often pursued together. Handling only the wrongful death claim, and overlooking the survival action, can leave significant compensation on the table.
How a Wrongful Death Settlement Is Divided in Ohio
Compensation in a wrongful death case does not simply go to whoever filed the claim. Under Ohio Revised Code § 2125.03, the recovery is distributed among the beneficiaries, and the probate court oversees how it is apportioned based on each person’s loss. Funeral and burial costs are reimbursed to the estate. Our page on who gets the money in a wrongful death lawsuit explains how this works.
The Deadline to File in Ohio
A wrongful death claim in Ohio generally must be filed within two years of the date of death (Ohio Revised Code § 2125.02). Missing that deadline usually ends the claim permanently, so it is important to speak with a lawyer well before then. More on timing is on our page about the wrongful death filing deadline.
Common Causes of Wrongful Death Claims
A wrongful death claim can arise whenever someone’s negligence causes a death. The most common situations include:
- Car, truck, and motorcycle crashes
- Medical malpractice, including hospital and surgical errors
- Nursing home abuse and neglect
- Workplace and construction accidents
- Defective products
Whatever the cause, the core question is the same: did someone’s careless or wrongful conduct cause the death, and can it be proven.
How These Cases Are Valued
There is no formula for the worth of a person’s life, and anyone who offers a quick number is guessing. The value of a wrongful death claim depends on the deceased’s age, health, and earning capacity, the financial and emotional support they provided, the circumstances of the death, and the available insurance. Our discussion of how much a wrongful death lawsuit is worth covers the factors involved.
