All Laws Decoded

Wrongful Death Lawsuits in Ohio

Who can bring a wrongful death claim in Ohio, the deadline to file, and any limits on damages.

Short answer: The lawsuit is brought in the name of the personal representative of the person's estate, for the exclusive benefit of the surviving spouse, children and parents (who are presumed to have suffered damages) and of the other next of kin. Ohio Rev. Code § 2125.02(A), (E)

Who can sue for wrongful deathThe lawsuit is brought in the name of the personal representative of the person's estate, for the exclusive benefit of the surviving spouse, children and parents (who are presumed to have suffered damages) and of the other next of kin. A parent who abandoned a minor child who died does not share in the recovery. The personal representative may settle the claim with the court's consent.
Wrongful death deadlineTwo years after the date of death. Wrongful death claims involving product liability have an additional ten-year limit measured from delivery of the product, with exceptions.
Damage capsEconomic damages are not capped. Noneconomic damages (such as pain and suffering) in a general injury case are limited to the greater of $250,000 or three times the economic loss, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence. There is no cap on noneconomic damages for permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or a permanent injury that prevents the person from independently caring for themselves. The cap does not apply to wrongful death actions or to suits against the state or local governments (which have their own rules). The jury is not told about the cap.

More Ohio personal injury & wrongful death

FAQ

Who can file a wrongful death lawsuit in Ohio?
The lawsuit is brought in the name of the personal representative of the person's estate, for the exclusive benefit of the surviving spouse, children and parents (who are presumed to have suffered damages) and of the other next of kin. A parent who abandoned a minor child who died does not share in the recovery. The personal representative may settle the claim with the court's consent.
How long do you have to file a wrongful death lawsuit in Ohio?
Two years after the date of death. Wrongful death claims involving product liability have an additional ten-year limit measured from delivery of the product, with exceptions.
Does Ohio cap damages in personal injury cases?
Economic damages are not capped. Noneconomic damages (such as pain and suffering) in a general injury case are limited to the greater of $250,000 or three times the economic loss, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence. There is no cap on noneconomic damages for permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or a permanent injury that prevents the person from independently caring for themselves. The cap does not apply to wrongful death actions or to suits against the state or local governments (which have their own rules). The jury is not told about the cap.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.