Wrongful Death Damages Have No Cap in Ohio

By the FigureMyTax Editorial Team · How we calculate

Ohio exempts wrongful death from its noneconomic damages cap.

The exemption

R.C. 2315.18 exempts wrongful death claims from the noneconomic cap, and the Ohio Constitution provides that damages for death caused by another's wrongful act shall not be limited by law.

Broad categories

Damages can include loss of support, loss of services, loss of society, loss of prospective inheritance, mental anguish and funeral and burial expenses.

Punitive damages

Punitive damages remain capped at twice compensatory damages.

How other states compare

New York and New Jersey limit wrongful death recovery to pecuniary loss, while Ohio and Nevada allow grief-type damages, and North Carolina allows companionship damages. Ohio's main limits are its fault rules and, for medical claims, the one-year clock.

Official sources

• Ohio Rev. Code § 2315.33 — contributory fault
• Ohio Rev. Code § 2125.02 — wrongful death parties and damages
• Ohio Rev. Code § 2305.10 — bodily injury deadline

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Ohio's rules apply to your specific case with a licensed Ohio attorney.