What You Need to Know about Wrongful Death Claims in Ohio

The death of a loved one is one of the most painful things a person can go through, and it can be made even worse if another person’s negligence or carelessness has caused it. In cases like this, surviving family members may be eligible to file a wrongful death claim to seek justice and compensation for their loss. But what is a wrongful death claim in Ohio, and who is qualified to file one? 

Here’s everything you need to know about wrongful death claims in the state. 

What Is a Wrongful Death Claim?

A wrongful death claim is a lawsuit brought forth by surviving family members of an individual killed due to another person’s negligence or unlawful act. This is not a criminal act since it does not involve the prosecution of the at-fault party for their actions. Still, it does allow the surviving family members to pursue legal and financial compensation for their losses. 

In Ohio, wrongful death claims are handled as civil lawsuits. The executor of the deceased person’s estate is responsible for bringing forth the suit on behalf of the grieving family. 

Who May File a Wrongful Death Claim in Ohio?

In the state of Ohio, the following individuals are eligible to bring forth a wrongful death legal claim: 

  • Spouse 
  • Children 
  • Parents 
  • Siblings 
  • Other close relatives 

Time Limit for Bringing a Wrongful Death Claim 

In Ohio, the statute of limitations to file a wrongful death claim is two years from the date of death. This is known as the claims filing deadline, and if the claim is filed after two years have elapsed, it likely won’t be accepted by the court. 

Damages Available in a Wrongful Death Claim

If a wrongful death suit is successful, the damages that survivors may be eligible for include the following: 

  • Funeral and burial expenses 
  • Lost wages and benefits 
  • Loss of companionship 
  • Pain and suffering 
  • Mental anguish 
  • Other related expenses

How to Bring Forth a Wrongful Death Claim 

If you believe you may have a valid wrongful death claim, the first step is to contact an experienced attorney. An attorney can help assess your case and advise you on the best course of action to take. They can also help gather the necessary evidence and documents to support your claim. 

Once your case has been evaluated, your attorney can work to aggressively negotiate a settlement with the at-fault party’s attorney or insurance company. Alternatively, if a settlement cannot be reached, they may recommend taking your case to trial. 


Now that you have an overview of Ohio wrongful death claims, you can take the next step. Working with an experienced attorney can help you take all the necessary measures to protect your rights and pursue the compensation you deserve.

Toriseva Law is committed to protecting and assisting you with all your legal needs. If you are looking for the best personal injury lawyer in Wheeling to help you with your wrongful death claims, we have some of the most qualified and experienced ones. Contact us today and get an initial consultation for free.