Cleveland Wrongful Death Lawyers

Under Ohio Revised Code § 2125.02, a wrongful death lawsuit is brought by the personal representative of the deceased person's estate, not by family members individually. The claim is filed for the benefit of the surviving spouse, children, and parents (who are presumed to have suffered a loss) and other next of kin, and any compensation recovered is distributed among them. If no personal representative has been named, the probate court can appoint one.

Generally two years from the date of death (Ohio Revised Code § 2125.02). This is a strict deadline, and losing the right to file can mean losing the claim entirely, so it is wise to talk with an attorney early, even while the family is still grieving.

Ohio law allows the family to recover for losses such as funeral and burial expenses, the loss of financial support the deceased would have provided, the loss of services, and the loss of companionship, care, guidance, and the mental anguish suffered by surviving family. A related survival action can also seek compensation for the pain and suffering the person endured before death.

No. The caps on non-economic damages that limit many personal injury cases do not apply to wrongful death claims, because Ohio Revised Code § 2315.18 specifically exempts wrongful death actions. There is no statutory ceiling on damages like loss of companionship and mental anguish in a wrongful death case.

They are separate. A criminal case is brought by the state to punish wrongdoing and requires proof beyond a reasonable doubt. A wrongful death claim is a civil case brought by the family to recover compensation, and it only requires proving the case is more likely true than not. A family can pursue a wrongful death claim whether or not anyone is criminally charged, and even if a criminal case ends in acquittal.

Ryan Injury Attorneys handle wrongful death cases on a contingency fee, with no attorney fee unless we recover compensation for your family, and consultations are free.