Who Can File a Wrongful Death Lawsuit in Ohio

By the FigureMyTax Editorial Team · How we calculate

Ohio has one plaintiff, the personal representative, and a set of beneficiaries it sues for.

The personal representative sues

Under Ohio Revised Code chapter 2125, the suit must be for the benefit of the estate, surviving spouse, parents and children of the deceased, and the personal representative has two years from the date of death to file.

What the beneficiaries can recover

The damages fall into five general categories: loss of support, loss of services, loss of care, companionship, advice, guidance, counsel, instruction or society, loss of prospective inheritance, and mental anguish of the surviving family members. Funeral and burial expenses are also recoverable.

Ohio is broad

Compared with other states, Ohio's statute expressly permits damages for mental anguish, companionship and loss of society.

No cap

The noneconomic damages cap does not apply to wrongful death claims.

Fault

The decedent's own fault reduces the recovery, and bars it above 50%.

Official sources

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