How Do Ohio Wrongful Death Lawsuits Work?

An Ohio wrongful death claim lets a deceased person's survivors recover compensation for the loss of their loved one, when the death was the legal fault of some other person or party. Let's take an in-depth look at how Ohio defines "wrongful death," who can file this kind of lawsuit, the time limits for filing a wrongful death claim in Ohio's courts, and more.

What Is "Wrongful Death" in Ohio?

Ohio law defines a "wrongful death" as one that is caused by the "wrongful act, neglect, or default" of another that would have entitled the person to file a personal injury lawsuit if they had survived. (Ohio Rev. Code § 2125.01 (2025).)

As with personal injury lawsuits in general, a wrongful death lawsuit can arise from many different circumstances, including:

• negligence-based incidents (such as car accidents)
• medical malpractice, and
• intentional acts (including crimes).

As in other types of injury-related lawsuits, the defendant's liability in a successful wrongful death case is expressed solely in terms of financial compensation ("damages") that the court orders the defendant to pay to the deceased person's survivors. This is one major difference between a wrongful death lawsuit and a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.

Another thing to keep in mind is that someone can be sued for wrongful death in civil court even while facing criminal charges related to the same death. In fact, Ohio's laws specify that a wrongful death lawsuit can be filed even if the death was the result of murder or manslaughter.

Learn more about civil judgments versus criminal convictions.

Who Can File a Wrongful Death Lawsuit in Ohio?

In some states, certain members of the deceased person's surviving family can file a wrongful death lawsuit. In Ohio, however, the personal representative (sometimes called the "executor") of the deceased person's estate must bring the wrongful death claim to court. (Ohio Rev. Code § 2125.02 (2025).)

Who Is a "Personal Representative" in Ohio Wrongful Death Cases?

It depends. If the deceased person had a will, they most likely named a personal representative there. If the person had no will, the court will usually appoint someone to serve as personal representative of the estate.

Get more details about who has the legal right to file a wrongful death lawsuit.

How Much Is an Ohio Wrongful Death Case Worth?

Every case is unique, so it's impossible to try to predict the value of any wrongful death lawsuit without knowing all the underlying details. But if an Ohio wrongful death lawsuit succeeds, the court will order the defendant to pay "damages" to the deceased person's estate.

"Damages" is just another word for losses resulting from the defendant's wrongdoing. In an Ohio wrongful death lawsuit, damages can be awarded for a number of different types of losses, including:

• loss of the deceased person's financial support
• loss of the deceased person's services, such as housework and child care
• loss of the deceased person's care, companionship, advice, guidance, counsel, instruction, or society
• loss of the prospective inheritance the deceased person's spouse or children might have received, and
• mental anguish suffered by the surviving family members as a result of the death.

Compensation in a successful Ohio wrongful death lawsuit will typically be awarded to the surviving spouse, children, and/or parents. Other family members (like siblings or grandparents) might recover damages if they can show the court that they've suffered a measurable and compensable loss. (Ohio Rev. Code § 2125.02 (2025).)

Get more details on damages that might be available in a wrongful death case.

What's the Deadline for Filing an Ohio Wrongful Death Lawsuit?

Wrongful death lawsuits must be filed within a certain period of time, set by a law called a "statute of limitations." The statute of limitations for z wrongful death lawsuit in Ohio is two years from the date of the death. (Ohio Rev. Code § 2125.02 (2025).) If the claim isn't filed within this time period, the court will almost certainly refuse to hear the matter at all, and the personal representative won't be able to recover any compensation for the impact of the deceased person's death.

There are some exceptions to Ohio's statute of limitations for wrongful death lawsuits that could change the filing deadline. Learn more about these exceptions and more in our article spotlighting personal injury laws in Ohio.

Do I Need a Lawyer for an Ohio Wrongful Death Lawsuit?

There are some legal matters you might consider handling on your own, but a wrongful death claim isn't one of them. Even if it's clear that the defendant is at fault for the deceased person's death, a big part of these cases is calculating and proving complex damages like loss of future financial support. An experienced Ohio lawyer will have a wealth of knowledge (and a network of experts) to make your best wrongful death case.

Bottom line: If you're thinking of filing a wrongful death lawsuit in Ohio, it's a good idea to consult a personal injury attorney to make sure you're set up for success.