The unexpected loss of a loved one is a tragic event that can leave a deep emotional void. As the shock fades, you may feel a sense of injustice and the need to right a wrong. Under Ohio law, families of someone who was killed because of another person’s carelessness, recklessness, or wrongful conduct can file a wrongful death lawsuit to seek compensation for their loss. However, it is important to understand that the wrongful death statute of limitations is two years from the date your loved one died. You should also be aware that wrongful death lawsuits are often accompanied by other claims of negligence, and the statute of limitations for these claims may be even shorter.

If you recently lost a loved one and believe someone else was at fault, the Ohio wrongful death attorneys at Robenalt Law can help you find the answers you need and fight for the compensation you deserve. Contact our law firm today to schedule a free and confidential consultation to discuss your situation and how we can help.

What Is Wrongful Death in Ohio?

Wrongful death occurs when a person dies because of someone else’s “wrongful act, neglect, or default.” A wrongful act is typically an intentional or overt act of violence against another person, such as assault. Neglect occurs when a person breaches their duty of care and that breach leads to fatal injury.

Claims for wrongful death commonly arise when people are killed in car accidents or trucking accidents, because of medical malpractice or nursing home abuse, or when people die while in the custody of a jail, prison, or detention center.

Ohio’s Wrongful Death Statute

Ohio’s wrongful death law, R.C. §2125.02, allows the personal representative of a deceased person to file a lawsuit against the parties responsible for the death.

An Ohio wrongful death claim is filed by the estate of the deceased person for the benefit of the close family members of the deceased person, including their surviving spouse, children, parents, and next of kin. These family members are presumed to have suffered damages from the wrongful death.

What Damages Can Be Recovered in an Ohio Wrongful Death Lawsuit?

The estate representative can recover compensation for:

• Loss of support from the reasonably expected earning capacity of the decedent
• Loss of services of the decedent
• Loss of society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent
• Loss of prospective inheritance to the decedent’s heirs at the time of the decedent’s death
• The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent

The Ohio Statute of Limitations for Wrongful Death

The statute of limitations is one of the most critical aspects of an Ohio wrongful death claim. It specifies the maximum amount of time within which legal proceedings can be initiated. Once the statute of limitations has passed, the lawsuit can no longer be filed, regardless of the merits of the case.

The Ohio wrongful death statute of limitations is two years from the deceased person’s date of death. If you fail to file a lawsuit within two years from the date your loved one died, you may lose your right to seek compensation for your losses.

Most wrongful death lawsuits are accompanied by other claims of negligence. These claims may be subject to a shorter statute of limitations. If you suspect a loved one died because of someone else’s negligence or wrongful act, you should contact an Ohio wrongful death attorney as soon as possible to ensure you preserve your right to pursue financial compensation.

Contact Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus and handles wrongful death claims throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our new Columbus office at (614)-695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.