Ohio Wrongful Death Statute

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When someone close to you dies, you are left with many losses. From care to companionship and protection, there are many areas in which a loved one may need additional support—especially when wrongful death is involved.

Let’s examine some of the details regarding Ohio’s Wrongful Death Law.

The Ohio Wrongful Death Statute

In Ohio, a wrongful death case and lawsuit is brought by the administrator for the estate of the deceased. Under Ohio Revised Code Section 2125.01, the administrator on behalf of a deceased’s estate can bring an action for wrongful death. For every wrongful death claim, an application to appoint the administrator must be filed with the probate court.

Damages

The statute states that when a death is caused by a wrongful act, an estate has the right to maintain an action and recover damages. The damages that can be awarded in a civil action for a wrongful death include the following:

  1. Loss of support from the reasonable expected earning capacity of the decedent
  2. Loss of services
  3. 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;
  4. Mental anguish incurred by the surviving spouse, dependent children, parents or next of kin.

A wrongful death action in a civil personal injury auto and trucking case, and slip and fall case, must be filed within 2 years from the date of the accident.

Medical

The wrongful death statute allows you to obtain all of the decedent’s medical expenses that were reasonable and necessary charges relating to the incident from hospitals, treating physicians, psychologists, physical therapists, occupational therapists, and any other reasonable and necessary medical care and treatment. Mental suffering includes anxiety, mental distress, frustration, embarrassment, or indignity.

More Information about the Ohio Wrongful Death Statute

If one of your loved ones passed away due to a wrongful death in Ohio, you may have many unanswered questions. If you need to sit down and talk to a professional about your legal options, we are available to answer your questions. Contact our office.

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