More Than A
Law Firm

Michael J. Duber and Brandon T. Duber

What is a Wrongful Death Claim in Ohio?

May 22, 2018 |

A wrongful death is described as the death of a person that is caused by the “wrongful act, neglect, or default” of another.

A wrongful death claim may be filed if the wrongful act, neglect, or default “would have entitled the party injured to maintain an action and recover damages if death had not ensued.”

In layman’s terms, that means that if the death of a family member is caused by someone else’s negligence, his/her family is entitled to compensation. Medical malpractice is one of the most common wrongful death claims, with over 3,000 in Ohio each year.

Who can file?

The person who can file a claim is the “personal representative” of the deceased person’s estate. Generally, this would consist of the surviving spouse, any surviving children (including adopted) and the surviving parents of the deceased person.

What is the timeline in which I can file?

Generally, Ohio law states that you can file a wrongful death claim within two years from the date of the of the decedent’s death. However, it is important to speak to an attorney with experience in Ohio wrongful death cases to understand the statute of limitations that may apply to your case.

What can I claim as damages? 

There are many different types of damages one may seek to claim. Some of the claims are as follows:

  • Loss of support based on compensation he/she would have earned if he/she had lived
  • Loss of services housework, yard work and childcare
  • Loss of care, companionship, guidance or society of the deceased person
  • Loss of prospective inheritance the spouse or child might have received
  • Mental anguish suffered by surviving family members

At Bentoff and Duber, we have experienced attorneys in wrongful death accidents. If you are the representative for someone, contact us today. We don’t get paid unless you win your case.

Have a wrongful death claim to make, but need more information? Review these additional resources:

About the author: Brandon Duber, a Partner with Bentoff & Duber Co., LPA, is a lawyer with proven experience in the courtroom and expertise in the areas of workers’ compensation, criminal defense, personal injury and medical malpractice law. He received his B.A. from Skidmore College in Saratoga Springs, NY and his J.D. from The Case Western Reserve University School of Law in Cleveland, OH.