Losing a family member in a car accident is a devastating, life-altering tragedy. When that loss is caused by the negligence, recklessness, or intentional misconduct of another driver, the grief is compounded by a profound sense of injustice. While no amount of money can ever replace a loved one, Ohio law provides a legal mechanism for surviving family members to seek financial stability and hold the responsible parties accountable. This mechanism is known as a wrongful death lawsuit.
Understanding Ohio's Wrongful Death Statute
Wrongful death claims in Ohio are governed by Ohio Revised Code Chapter 2125. The statute defines a wrongful death as a death caused by a wrongful act, neglect, or default that would have entitled the injured person to maintain an action and recover damages if death had not ensued.
In simpler terms: if your loved one could have filed a personal injury lawsuit had they survived the car crash, their family can file a wrongful death lawsuit now that they have passed away.
Who Can File a Wrongful Death Lawsuit in Ohio?
Unlike some states where any close relative can file a lawsuit, Ohio law is very specific about who has the legal standing to bring a wrongful death claim. Under O.R.C. § 2125.02, the lawsuit must be filed by the personal representative of the deceased person's estate.
The personal representative is usually the executor named in the deceased's will. If there is no will, the probate court will appoint an administrator (typically a surviving spouse or adult child). While the personal representative files the lawsuit, they do so on behalf of the statutory beneficiaries.
Who Are the Beneficiaries?
The compensation recovered in a wrongful death lawsuit is distributed to the deceased person's surviving next of kin. Under Ohio law, it is rebuttably presumed that the following family members have suffered damages:
- The surviving spouse
- The surviving children (including adopted children)
- The surviving parents
Other next of kin, such as siblings or grandparents, may also be eligible to receive a portion of the settlement, but they must prove that they suffered a compensable loss as a result of the death.
Damages Recoverable in an Ohio Wrongful Death Case
The purpose of a wrongful death lawsuit is to compensate the surviving family members for the losses they have endured. Under O.R.C. § 2125.02, recoverable damages include:
- Loss of Support: The earning capacity of the deceased, representing the financial support the family would have received had the person lived.
- Loss of Services: The value of services the deceased provided to the household (e.g., childcare, home maintenance).
- Loss of Society: Compensation for the loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, and instruction.
- Loss of Prospective Inheritance: The wealth the deceased would likely have accumulated and left to their heirs.
- Mental Anguish: Compensation for the profound grief and emotional suffering experienced by the surviving spouse, children, and parents.
Wrongful Death vs. Survival Actions
It is important to distinguish between a wrongful death claim and a survival action. A wrongful death claim compensates the family for their losses. A survival action compensates the estate for the losses the deceased person suffered between the time of the accident and the time of their death.
If your loved one survived for hours, days, or weeks in the hospital before passing away, a survival action can be filed to recover damages for their conscious pain and suffering during that time, as well as the medical expenses incurred prior to death. These two claims are typically filed together in the same lawsuit.
The Statute of Limitations for Wrongful Death
The statute of limitations for filing a wrongful death lawsuit in Ohio is strictly two years from the date of the victim's death (O.R.C. § 2125.02). This deadline is absolute. If the personal representative fails to file the lawsuit within this two-year window, the family loses the right to seek compensation forever.
Because wrongful death cases require the opening of an estate in probate court before a lawsuit can even be filed, it is critical to consult with an attorney as soon as possible to ensure all procedural hurdles are cleared well before the deadline.
Compassionate Legal Guidance During Your Darkest Hour
Navigating the legal system and dealing with insurance companies is the last thing a grieving family should have to handle. At Ryan Injury Attorneys, we provide compassionate, aggressive representation for families who have lost loved ones in Cuyahoga County car accidents.
We will handle the probate process, investigate the crash, and fight tirelessly to secure the financial future of your family. Contact us today for a free, confidential consultation.
Frequently Asked Questions
Are wrongful death settlements taxable in Ohio?
Generally, no. The IRS and the State of Ohio do not consider compensatory damages for wrongful death or personal physical injury to be taxable income. However, if any portion of the settlement is designated as punitive damages, that specific portion may be subject to taxation. Your attorney will structure the settlement to minimize tax liabilities.
Can we file a wrongful death suit if the at-fault driver is facing criminal charges?
Yes. A wrongful death lawsuit is a civil action, which is entirely separate from any criminal proceedings (such as vehicular homicide or vehicular manslaughter). You can, and should, pursue a civil claim regardless of whether the driver is convicted, acquitted, or never charged criminally. The burden of proof in a civil case is lower than in a criminal case.
How is the settlement money divided among family members?
If the family members agree on how the settlement should be divided, the probate court will generally approve their agreement. If they cannot agree, the probate court will hold a hearing and distribute the funds in a manner that is equitable, based on the specific injury and loss suffered by each beneficiary.
What if the deceased person was partially at fault for the crash?
Ohio's modified comparative fault law applies to wrongful death cases. If the deceased was 50% or less at fault for the accident, the family can still recover damages, but the award will be reduced by the deceased's percentage of fault. If the deceased was 51% or more at fault, the claim is barred.
Who pays for the funeral and burial expenses?
Funeral and burial expenses are typically paid out of the deceased person's estate. However, these costs can be recovered as part of the damages in the wrongful death lawsuit, effectively reimbursing the estate or the family member who paid out of pocket.
