What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when someone dies as a result of another person's or entity's negligence, recklessness, or intentional misconduct. Under Ohio law, surviving family members have the right to seek compensation for their losses and to hold the at-fault party accountable.

Wrongful death cases are among the most emotionally devastating legal matters a family can face. At Chancellor Law firm, we understand the profound grief you're experiencing. Our attorneys handle these sensitive cases with compassion, respect, and the aggressive advocacy your family deserves.

Common Causes of Wrongful Death

Wrongful death can result from many types of accidents and negligence, including:

Motor Vehicle Accidents
Fatal car crashes, truck accidents, motorcycle collisions, and drunk driving incidents.

Medical Malpractice
Surgical errors, misdiagnosis, medication mistakes, anesthesia errors, and failure to diagnose life-threatening conditions.

Workplace Accidents
Construction site fatalities, industrial accidents, falls from height, and equipment malfunctions.

Defective Products
Dangerous consumer products, defective medical devices, faulty auto parts, and toxic substances.

Premises Liability
Fatal slip and fall accidents, drowning, fires, building collapses, and inadequate security leading to violent crimes.

Nursing Home Abuse and Neglect
Bedsores, malnutrition, dehydration, medication errors, and physical abuse in long-term care facilities.

Violent Crimes
Assault, homicide, and other intentional acts of violence where negligent security or third-party liability exists.

Pedestrian and Bicycle Accidents
Fatalities involving drivers who fail to yield, drive distracted, or operate under the influence.

Who Can File a Wrongful Death Claim in Ohio?

Under Ohio Revised Code § 2125.02, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. This is typically:

• The surviving spouse

• The executor named in the will

• An administrator appointed by the probate court

The personal representative files the claim on behalf of the estate and the deceased's beneficiaries, which may include:

• Surviving spouse

• Children (including adopted children)

• Parents (if no spouse or children)

• Siblings or other next of kin (in limited circumstances)

What Damages Can Be Recovered in a Wrongful Death Case?

Ohio law allows recovery of both economic and non-economic damages in wrongful death cases:

Economic Damages:

• Medical expenses incurred before death

• Funeral and burial costs

• Loss of the deceased's expected income and benefits

• Loss of inheritance the beneficiaries would have received

• Loss of services, care, and support the deceased would have provided

  
  

Non-Economic Damages:

• Loss of companionship, care, and protection

• Loss of consortium (for surviving spouses)

• Mental anguish and emotional suffering

• Loss of parental guidance (for surviving children)

Punitive Damages:
In cases involving gross negligence or intentional harm, punitive damages may be awarded to punish the defendant and deter similar conduct.