Bereaved Rights

State wrongful death guide

Ohio Wrongful Death Law Guide

This guide explains who may sue; the two-year deadline to file a claim; and what compensation is available (including lost wages, funeral costs, and survivors’ loss of society).

Quick facts for Ohio

  • Who can file: The personal representative (executor or administrator) of the decedent’s estate files the wrongful death claim for the benefit of the surviving family. Statutes presume the surviving spouse, children, and parents have suffered harm, and they (along with other next of kin) are entitled to share in any recovery.
  • Deadline to file: 2 years from date of death
  • Key statute: Ohio Rev. Code Ann. §§ 2125.01–2125.03

Types of compensation families may pursue

  • Lost support and income from the decedent’s expected earnings
  • Loss of services and contributions the decedent would have provided (household help, care, etc.)
  • Loss of companionship, protection, and guidance (non-economic loss) to the spouse, children, or other survivors
  • Lost inheritance that the decedent’s heirs would have received
  • Mental anguish suffered by the surviving spouse, children, or parents
  • Reasonable funeral and burial expenses

Ohio does not set a general dollar cap on wrongful death damages. Plaintiffs can seek full compensation for economic and non-economic losses. (There are special accrual rules for product-liability deaths, but no monetary cap in general.)

When someone’s death in Ohio is caused by another’s wrongful act or negligence, Ohio law provides a way for the victim’s family to seek compensation. This guide explains Ohio’s wrongful death law in plain English: who may bring a claim, how long families have, what losses can be recovered, and any special rules or steps involved. We also discuss common scenarios (auto accidents, medical negligence, etc.) and outline the general process from talking to a lawyer through resolving the case.

1. What “wrongful death” means in Ohio

Under Ohio law, a wrongful death claim arises when someone dies due to another person’s wrongful act, neglect, or default, and that person who died would have had a claim for personal injury had they lived. In simpler terms, if negligence (or intentional harm) caused the death, certain survivors can sue for damages. Examples include fatal car crashes, slip-and-fall incidents, medical mistakes, defective product injuries, or even homicide. Ohio law focuses on compensating the survivors for the loss, not on punishing the wrongdoer (though punitive damages may still be awarded under Ohio tort law if appropriate).

2. Who can bring a wrongful death case in Ohio

Ohio law requires that the wrongful death lawsuit be filed in the name of the decedent’s personal representative (executor or administrator). The personal representative sues on behalf of the estate “for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent”. These people are presumed to have suffered harm. Other next of kin (such as siblings) may also share in a recovery.

For example, if a married person dies leaving a spouse and a child, both are considered beneficiaries. The recovery (after legal fees) will go to the spouse and child according to the court’s decision (or, if they are all the same relation degree, the beneficiaries can agree among themselves). Note that if any potential beneficiary (e.g. a parent or child) abandoned the deceased as a minor, that person may be barred from recovering (this is a rare issue in practice).

3. Statute of limitations (deadline to file)

Ohio law gives families two years from the date of the person’s death to file a wrongful death lawsuit. It’s crucial to act before that deadline; missing it usually means losing the right to sue permanently.

There are special exceptions for certain cases:

  • If the claim involves a product liability (a defective product), Ohio also has a long-stop of 10 years after the product’s first sale, with some additional rules.
  • Minor tolling rules (for minors or disability) may also apply in rare situations.

Because the rules are complex, families should consult an attorney early. But as a general rule, plan to file within two years of the death, unless you have good reason to believe a special rule applies.

4. What kinds of compensation may be available

Ohio wrongful death damages are meant to compensate the survivors for the losses they suffered. According to Ohio Revised Code Section 2125.02, these may include:

  • Loss of support (lost earning capacity). What the decedent would have been expected to earn and provide to the family.
  • Loss of services. The value of help the decedent would have provided (home care, child care, transportation, etc.).
  • Loss of society and companionship. Emotional and relational losses suffered by the spouse, children, and parents of the deceased (this includes loss of care, affection, guidance, etc.).
  • Lost prospective inheritance. If the decedent had heirs, the value of what they would have inherited had death not occurred.
  • Survivors’ mental anguish. The emotional pain and suffering of the surviving spouse, children, or parents.
  • Funeral and burial expenses. The reasonable costs of the deceased’s funeral and burial.

These are broad categories. Ohio does not place a dollar limit on these compensatory damages. (Separately, if the case involves a defective product, the timing rules mentioned above may limit when you can sue, but they do not cap the damages amount.)

Punitive damages (to punish the wrongdoer) can be awarded under Ohio law if justified by the conduct, although the wrongful death statute itself does not limit punitive damages. In practice, punitive awards in wrongful death cases are rare and typically require showing very egregious wrongdoing.

5. Common Ohio wrongful death scenarios

Some typical situations that give rise to wrongful death claims in Ohio include:

  • Car or truck accidents. A fatal wreck on an Ohio highway caused by another driver’s negligence or recklessness.
  • Medical errors. A preventable medical mistake (such as a surgical error or prescription error) that results in a patient’s death.
  • Workplace fatalities. A fatal injury on the job (for example, a fall or equipment accident) that is not covered by workers’ compensation.
  • Dangerous premises. A lethal accident (like a stairway collapse or a fire due to negligence) on someone else’s property.
  • Defective products. A malfunction of a product (vehicle, appliance, machinery, etc.) that causes fatal harm.
  • Violent crimes. A murder or assault that leads to death, where the victim’s family sues the perpetrator civilly (separately from any criminal case).

Each scenario may involve additional legal rules (for example, Ohio has special immunity rules for government entities), but the basic wrongful death framework applies broadly. The common factor is that another’s misconduct (or omission) was legally the cause of death.

6. Overview of the process in Ohio

The general steps in an Ohio wrongful death case are similar to other states:

  1. Consult an attorney. The family meets with a lawyer to discuss the facts of the death. They will gather evidence like police/accident reports, medical records, and information about the decedent’s income and dependents.
  2. Personal representative appointed. If not already done, the decedent’s estate is opened in probate court and a personal representative is appointed. This person becomes the plaintiff in the wrongful death suit.
  3. Investigation and demand. The attorney investigates liability and damages. They may send a demand letter to insurers or defendants outlining the claim and seeking settlement.
  4. Filing a lawsuit. If settlement negotiations fail, the personal representative files a wrongful death lawsuit in court, usually a probate or civil court, before the 2-year deadline.
  5. Discovery. Both sides gather information by exchanging documents, taking depositions of witnesses, and consulting experts (such as accident reconstructionists or economists).
  6. Mediation or settlement discussions. Many cases are mediated or settled before trial. The parties negotiate a resolution based on the evidence.
  7. Trial (if needed). If no agreement is reached, the case goes to trial. A judge or jury will decide liability and the appropriate damages to award.
  8. Settlement approval and distribution. In Ohio, any settlement or verdict must be approved by the probate court. The court supervises distribution to the beneficiaries. Under ORC §2125.03, the court “adjusts” each survivor’s share based on their losses. Notably, if any beneficiary is under 25, the court can require that minor’s share be held in trust until age 25.

Throughout the process, the family stays informed and makes decisions (for example, whether to accept a settlement offer). Ohio’s law emphasizes distributing recoveries fairly among the survivors. Because court approval is needed, families often work with attorneys experienced in probate as well as litigation.

This summary is for general informational purposes only. It’s not legal advice. Laws can change and every situation is unique, so Ohio families should consult a licensed attorney for guidance on their specific case.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

What damages are available in an Ohio wrongful death case? +

Ohio allows families to recover several types of economic and noneconomic damages to reflect both the financial and human impact of losing a loved one. **Economic damages** may include: - Loss of the decedent’s income and financial support - Loss of services, care, and household contributions - Funeral and burial expenses - Medical bills related to the final injury or illness **Noneconomic damages** may include: - Loss of companionship, guidance, and consortium - Mental anguish suffered by surviving family members Ohio does not impose a general cap on wrongful death damages. However, punitive damages are **not** available in wrongful death cases because the action is intended to compensate families, not punish the defendant. A related “survival action” may allow the estate to recover the decedent’s own damages—such as pain and suffering—incurred before death. This answer is informational only and not legal advice.

How long do I have to file a wrongful death lawsuit in Ohio? +

In Ohio, most wrongful death lawsuits must be filed **within two years of the date of death**. This two-year deadline is enforced strictly, and courts typically dismiss claims filed late. There are limited exceptions—such as cases where the defendant concealed wrongdoing or where the cause of death could not reasonably have been discovered—but these situations are rare and depend on the facts. Claims involving medical negligence, government entities, or product defects may also have additional timing requirements or notice rules. Because missing the two-year deadline usually ends the case, families are encouraged to seek legal guidance early. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Ohio? +

In Ohio, a wrongful death lawsuit must be filed by the **personal representative** of the deceased person’s estate. This person is appointed by the probate court and is responsible for bringing one unified claim on behalf of all eligible family members. Although the personal representative files the lawsuit, the law presumes that certain relatives have suffered losses, including the: - Surviving spouse - Children (including adopted children) - Parents Other next of kin may also recover if they can show they suffered damages from the death. The court determines how the recovery is distributed among the beneficiaries based on their financial and emotional losses. This answer is informational only and not legal advice.