Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Ohio, wrongful death claims are governed by Ohio Revised Code Section 2125.01 et seq. These statutes allow the decedent's personal representative to file a wrongful death lawsuit on behalf of the beneficiaries, which may include the surviving spouse, children, parents, or other next of kin. The claim must be filed within two years of the decedent's death. Damages that may be recovered include loss of support, services, care, companionship, and potential inheritance, as well as mental anguish suffered by the survivors. Economic losses, such as funeral and burial expenses and medical costs related to the decedent's final illness or injury, can also be recovered. The purpose of these laws is to compensate the survivors for their losses rather than to punish the wrongdoer. It's important to consult with an attorney to navigate the specifics of a wrongful death claim in Ohio, as the law is complex and each case has unique circumstances.