When another person’s negligence or wrongful act causes the unexpected loss of a loved one, the feelings of grief and loss can be overwhelming. While nothing can undo what happened, taking legal action can provide a sense of relief, peace of mind, and the financial compensation to help your family move forward after an unexpected and devastating loss.

In Ohio, the surviving family members can file a claim for wrongful death to seek compensation for the loss of a loved one. Claims for wrongful death are often accompanied by other legal claims. The specific legal theories presented will depend on the nature of the incident that caused the injuries and death.

The deceased person’s family can also file a survivorship action. A survivorship action is filed in the name of the estate of the deceased person, and any compensation recovered is distributed the same way as other estate assets.

Filing a claim for wrongful death, survivorship, and other claims that often accompany them is a complicated undertaking that should not be attempted without assistance from a skilled and knowledgeable attorney. The attorneys at Robenalt Law understand the complex laws that govern Ohio wrongful death and survivorship actions. We help families recover the compensation they deserve after the sudden and unexpected loss of a loved one.

Wrongful Death vs. Survival Action

When someone dies because of another person’s negligence or wrongful act, Ohio law provides two distinct legal remedies: a wrongful death claim and a survivorship action. While these claims are often pursued together, they serve fundamentally different purposes.

What Is Wrongful Death?

Under Ohio law, the family members of the deceased person can file a wrongful death claim to seek compensation for their loss. The claim is filed by the estate representative for the benefit of the surviving spouse, children, and parents.

The deceased person’s family members can receive compensation for:

• Loss of support
• Loss of services
• Loss of society, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education
• Loss of prospective inheritance
• Mental anguish

What Is a Survival Action?

A survivorship action seeks to recover the compensation the deceased person would have been entitled to had they survived. The claim belongs to the estate, and any compensation received becomes an estate asset and is distributed under the terms of the Will or state intestacy laws.

The survivorship action acts as a continuation of the legal claim the deceased person would have had before they died. The legal claim “survives” the death and allows the estate to pursue the compensation the deceased person is owed for the losses suffered as a result of the accident. This often includes economic losses like medical bills, lost wages, and loss of earning capacity, as well as non-economic damages like conscious pain and suffering, mental anguish and awareness of impending death, emotional distress, and loss of enjoyment of life.

What Is the Difference Between a Wrongful Death Claim and a Survivor Action?

The primary difference between a wrongful death claim and a survivorship action is the party that benefits from the claim. A wrongful death claim benefits the family members of the deceased person and compensates them for the losses they suffered as a result of the death of their loved one. A survivorship action represents the compensation the deceased person would have received had they survived and compensates them for economic and non-economic losses they experienced before death.

Do I Need a Lawyer for a Wrongful Death Claim and a Survivorship Action?

The sudden and unexpected loss of a loved one can leave you reeling and unsure of what to do next. Navigating legal claims for wrongful death vs. survival action is a complicated and nuanced process, and proving liability is necessary to bring the responsible parties to justice. The wrongful death attorneys at Robenalt Law have extensive experience handling legal claims for wrongful death, survivorship actions, and the additional claims that often accompany them.

Act Quickly to Protect Your Family’s Rights

Ohio law requires that claims for wrongful death and survivorship actions be filed within two years from the date of your loved one’s death. Depending on the circumstances of your case, shorter time limits may apply. Protect your right to compensation by contacting an attorney as soon as possible.

Robenalt Law offers free, confidential, no-obligation consultations. We handle wrongful death claims on a contingency fee, which means you will not pay an attorney’s fee unless we recover money for you.

Contact Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus, and handles wrongful death claims and survivorship actions throughout Ohio and nationwide. Call our Cleveland office at (216) 223-7535 or our 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.