Ohio Injury Law: Who Can File a Wrongful Death Claim in Ohio?

Chapter 2125 of Ohio State Law determines the damages that govern wrongful death claims in Ohio.

If you have lost a loved one because of the wrongful act or negligence of another person, you may be considering filing an Ohio wrongful death claim against the person who caused your family member’s death. Here are answers to common questions about wrongful death in Ohio.

Who may file a wrongful death claim in Ohio?

A spouse, children and/or parents may recover damages in an Ohio wrongful death claim.

2125.01 (A) (1)“Except as provided in this division, a civil action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of the decedent. A parent who abandoned a minor child who is the decedent shall not receive a benefit in a civil action for wrongful death brought under this division.”

Can unborn children recover damages for a parent’s death?

Yes. An unborn child may sue for wrongful death damages if the child was conceived prior to the parent’s death.

2125.01 (A)(3)(a) “The date of the decedent’s death fixes, subject to division (A)(3)(b)(iii) of this section, the status of all beneficiaries of the civil action for wrongful death for purposes of determining the damages suffered by them and the amount of damages to be awarded. A person who is conceived prior to the decedent’s death and who is born alive after the decedent’s death is a beneficiary of the action.”

How long do I have to file an Ohio wrongful death claim?

In most cases, an Ohio wrongful death claim must be filed within two years of the death.

2125.01 (D) (1) Except as provided in division (D)(2) of this section, a civil action for wrongful death shall be commenced within two years after the decedent’s death.

How do I file an Ohio wrongful death claim?

Contact your Ohio wrongful death attorney at Chester Law Group at 1-800-218-4243 to schedule a free consultation with an attorney who specializes in Ohio injury law. The attorney will listen to your story and advise you on the best way to proceed with your claim.

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