Losing a loved one because of someone else’s actions is one of the most painful experiences a family can endure. In addition to grief and emotional trauma, families are often left facing unexpected financial burdens, unanswered questions, and a sense that the loss should never have happened. When a death is caused by negligence, recklessness, or wrongful conduct, Ohio law allows surviving family members to pursue a wrongful death claim.
We represent families in Columbus and throughout Central Ohio in wrongful death cases. Our role is to help families understand their legal rights, pursue accountability, and seek financial compensation that can help provide stability during an incredibly difficult time. This page explains how wrongful death claims work in Ohio, who can file, what damages may be available, and how we guide families through the legal process.
What Is a Wrongful Death Under Ohio Law
A wrongful death occurs when a person dies as a result of another party’s wrongful act, neglect, or default. In simple terms, if the person who died would have had a valid personal injury claim had they survived, then their family may have a wrongful death claim after their death.
Wrongful death cases are civil cases, not criminal cases. Even if criminal charges are filed or a conviction occurs, a wrongful death claim is a separate legal action. The purpose of a wrongful death claim is not punishment, but compensation for the losses suffered by surviving family members and accountability for the party responsible.
Ohio law recognizes that wrongful death impacts families financially and emotionally. The law allows recovery not only for economic losses, such as lost income, but also for non economic losses, including the loss of companionship, guidance, and emotional support.
Who Can File a Wrongful Death Claim in Ohio
In Ohio, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is usually the executor named in the will. If there is no will, or no executor named, the probate court appoints an administrator to serve as the personal representative.
Although the personal representative files the lawsuit, the claim is brought on behalf of surviving family members. Ohio law presumes that certain relatives have suffered damages as a result of the death, including a surviving spouse, children, and parents. Other relatives may also recover compensation if they can demonstrate a financial or personal loss caused by the death.
We assist families with every step of this process, including probate court issues, appointment of a personal representative, and identifying all eligible beneficiaries.
Time Limits for Filing a Wrongful Death Lawsuit in Ohio
Ohio law places a strict deadline on wrongful death claims. In most cases, a wrongful death lawsuit must be filed within two years of the date of death. If the claim is not filed within this time frame, the court will generally dismiss the case, regardless of how strong the evidence may be.
Because the deadline begins running on the date of death, not the date of the accident or injury, it is important to act promptly. Delays can result in the permanent loss of the right to pursue compensation.
Common Causes of Wrongful Death Cases
Wrongful death claims can arise from many different types of accidents and incidents. Some of the most common causes include fatal car accidents involving distracted driving, drunk driving, speeding, or reckless behavior. Truck accidents, motorcycle crashes, pedestrian accidents, and bicycle collisions also frequently lead to wrongful death claims.
Medical malpractice is another major cause, including misdiagnosis, surgical errors, medication mistakes, and failures to monitor patients properly. Workplace accidents may result in wrongful death when safety rules are ignored or equipment is defective.
Other common causes include dangerous property conditions, defective products, construction accidents, nursing home neglect, and acts of violence where civil liability exists. Each case is unique, and determining liability requires a careful investigation of the facts.
Types of Damages Available in an Ohio Wrongful Death Case
Ohio law allows surviving family members to recover both economic and non economic damages in a wrongful death claim. These damages are intended to compensate families for the full scope of their losses.
Economic Damages
Economic damages represent measurable financial losses caused by the death. These may include funeral and burial expenses, medical bills related to the final injury or illness, and the loss of income the deceased would have earned over their lifetime.
Economic damages may also include the loss of benefits such as health insurance, retirement contributions, and other financial support the deceased would have provided to their family.
Non Economic Damages
Non economic damages compensate families for the personal and emotional losses they have suffered. These may include the loss of companionship, care, protection, and guidance, as well as the mental anguish and emotional pain experienced by surviving family members.
These losses are deeply personal and vary from family to family. We take the time to understand how the loss has affected your life so that these damages are fully and accurately presented.
Punitive Damages
In rare cases, punitive damages may be available when the responsible party’s conduct was particularly egregious, intentional, or reckless. Punitive damages are intended to punish wrongful conduct and discourage similar behavior in the future.
Columbus Wrongful Death Infographic
Wrongful Death Claims vs Survival Actions
A wrongful death claim is different from a survival action. A survival action allows the estate to recover damages the deceased could have pursued had they survived long enough to file a personal injury claim. These damages may include pain and suffering experienced before death, lost wages prior to death, and medical expenses incurred before passing.
A survival action belongs to the estate and is distributed according to the will or Ohio’s intestacy laws. In many cases, a wrongful death claim and a survival action are pursued together to ensure all available compensation is recovered.
How We Prove a Wrongful Death Case
To succeed in a wrongful death claim, we must establish that the responsible party owed a duty of care, breached that duty, and that the breach directly caused the death. We also must demonstrate the damages suffered by surviving family members.
Our process typically includes collecting medical records, accident reports, witness statements, and physical evidence. We work with experts when necessary to explain how the death occurred and to establish liability.
We also work closely with families to document financial losses and the personal impact of the death. This comprehensive approach allows us to present a strong and persuasive case.
What to Expect During the Legal Process
Every wrongful death case is different, but most follow a similar process. We begin with a thorough review of the facts and an explanation of your legal options. Once the personal representative is in place, we investigate the incident and identify all potentially responsible parties.
We then calculate damages and present the claim to the responsible parties and their insurers. Many cases are resolved through negotiation, but if a fair settlement is not offered, we are prepared to take the case to court and advocate for your family at trial.
Throughout the process, we keep you informed and answer your questions so you understand what is happening and what to expect next.
Columbus Wrongful Death Statistics
According to the Centers for Disease Control and Prevention (CDC), more than 200,000 people are killed in the U.S. each year due to accidental injury. In fact, it has now been classified as the number four leading cause of death. One of the most common of these incidents is vehicle accidents, which claim the lives of more than 45,000 people every year.
Families of victims killed in incidents caused by other parties’ negligence may be able to pursue legal action. Call our office today to speak with our Columbus wrongful death lawyer.
Columbus Wrongful Death FAQs
Losing a loved one is always difficult, but our Columbus, OH wrongful death lawyer can help you get closure and compensation.
We draw on our over 40 years of combined legal experience (including personal injury, car accidents and wrongful death claims) to give our clients the best information possible before getting started with our team. Read on to get answers to commonly-asked questions, and contact us today to get started on your case.
What Constitutes A Wrongful Death Claim?
A wrongful death claim arises when a person dies because of another party’s negligent or intentional actions. Examples of wrongful death include car crashes, motorcycle wrecks, trucking accidents, premise liability accidents, and more. This type of claim seeks compensation for the financial and emotional losses suffered by the family of the deceased. These losses can include funeral expenses, lost income, and the loss of companionship. For a case to proceed, it must be shown that the person or entity responsible for the death had a duty of care, breached that duty, and caused the harm that led to the fatality.
What Is The Difference Between Wrongful Death And Negligence?
Negligence refers to the careless actions or inactions of a person or entity that cause harm to another. Wrongful death is a specific type of claim that results from negligence but involves the loss of life. For example, if a driver operates their vehicle recklessly and causes a fatal car accident, the driver’s negligence forms the basis for a wrongful death case. In short, wrongful death claims use negligence as one of the legal grounds to seek compensation for surviving family members.
How Does A Wrongful Death Claim Differ From A Survival Action?
Although both types of legal actions can arise after a fatality, they address different aspects of the situation. A survival action allows the deceased person’s estate to recover damages the individual could have pursued if they had survived. This might include medical bills, pain, and suffering incurred before death.
In contrast, a wrongful death claim focuses on the impact of the loss on the deceased person’s family, such as the loss of financial support and emotional companionship.
Who Is Eligible To File A Claim For Wrongful Death?
Eligibility to file a claim varies by state, but in most cases, immediate family members, such as a spouse, children, or parents of the deceased, can bring a wrongful death action. In some situations, other relatives or individuals who were financially dependent on the deceased may also have standing to file. Our Columbus personal injury lawyer can help you determine your eligibility.
What Are Common Causes Leading To Wrongful Death Claims?
Wrongful death claims can stem from a variety of incidents. Common causes include car and truck accidents, medical malpractice, workplace accidents, and defective products. Other causes might involve intentional acts, such as physical assault. Each case requires a thorough investigation to determine the circumstances that led to the loss and to identify the party or parties responsible.
Columbus Wrongful Death Glossary
At Brenner Law Offices, we know the heartbreak of losing a loved one is immeasurable, especially when their death could have been prevented. As wrongful death lawyers serving Columbus, OH, we help families pursue justice and compensation for their loss. To assist you in understanding the legal process, we’ve outlined some key terms below.
Wrongful Death Claim
A wrongful death claim is a legal action filed by the surviving family members of an individual who died due to someone else’s negligence or misconduct. This type of claim seeks to compensate for financial and emotional losses experienced by the deceased’s loved ones, such as lost income, funeral expenses, and the loss of companionship.
For example, if a distracted driver causes a fatal truck accident, the surviving spouse and children may file a wrongful death claim to recover damages. We handle these cases with compassion, so that families feel supported throughout the process.
Survival Action
A survival action focuses on the claims the deceased could have pursued if they had survived the injury. These claims are brought on behalf of the deceased’s estate and may include compensation for pain and suffering, medical expenses, and lost wages incurred from the time of the injury to the time of death.
For instance, if a worker sustains a fatal injury due to unsafe conditions, a survival action may be filed to recover damages for the suffering endured before death. This action helps provide a sense of closure and justice for the estate and family members.
Loss Of Consortium
Loss of consortium refers to the non-economic damages suffered by a surviving spouse or family members. This includes the loss of companionship, affection, guidance, and emotional support that the deceased provided.
Consider a family where a parent was a source of wisdom and care for their children. Their absence leaves an emotional void that no compensation can fully address, but a claim for loss of consortium can provide financial acknowledgment of this significant loss.
Negligence
Negligence occurs when someone fails to exercise reasonable care, leading to harm or injury. In wrongful death cases, proving negligence involves showing that the responsible party breached a duty of care owed to the deceased and that this breach directly caused the fatality.
For example, a property owner who neglects to repair hazardous conditions may be found negligent if those conditions result in a fatal accident. Our team carefully investigates such cases, using evidence to build a strong argument for liability.
Pecuniary Damages
Pecuniary damages are financial losses resulting from a wrongful death. These include lost wages, medical expenses, funeral costs, and the value of future financial support the deceased would have provided.
For example, if a family breadwinner is killed in a workplace accident, pecuniary damages aim to replace the financial stability they would have continued to offer. These damages help surviving family members move forward without financial ruin.
Our personal injury law firm has a track record of recovering damages for personal injury victims and we are committed to helping families find justice after the wrongful death of a loved one. With over 25 years of experience and recognition as one of Ohio’s Top 100 Personal Injury Attorneys, Todd Brenner offers the insight and advocacy you need. Contact us today.
Brenner Law Offices, Columbus Wrongful Death Lawyer
338 S High S 1st Floor, Columbus, OH 43215
Why Families Choose Us for Wrongful Death Cases
We approach wrongful death cases with care, professionalism, and a deep understanding of what families are going through. We recognize that this is not just a legal matter, but a profoundly personal one.
Our experience with Ohio wrongful death law allows us to handle the legal complexities while you focus on your family. We take pride in providing clear communication, thoughtful guidance, and dedicated advocacy from start to finish.
Contact Our Columbus Wrongful Death Lawyer Today
No amount of compensation can replace a loved one. A wrongful death claim is about accountability, justice, and providing financial support that can help families move forward.
If you believe your loved one’s death was caused by someone else’s negligence or wrongful conduct, we are here to help you understand your options and protect your rights. We are committed to standing with families in Columbus during one of the most difficult moments of their lives.
If you’ve lost a loved one and have questions about your options, we’re here to guide you through the process. Contact Brenner Law Offices today to speak with our Columbus, OH wrongful death lawyer who can help you take the next step.