When Negligence Takes a Life,
Your Family Deserves Answers.
Losing someone you love because of another person's carelessness is one of the hardest things a family can go through. I help families in Columbus and throughout Ohio understand their legal rights, hold the responsible parties accountable, and secure the compensation they're entitled to.
Losing someone because of another person's negligence is one of the worst things a family can go through. There's no script for this, and I won't pretend there is. What I can do is handle the legal side so you don't have to carry it while you're grieving. When you're ready to talk about your options, I'm here.
What Is a Wrongful Death Claim in Ohio?
A wrongful death claim is a civil lawsuit filed when someone dies because of another person's or entity's negligence, recklessness, or intentional wrongful act. It is not a criminal case. It is a way for surviving family members to seek accountability and financial recovery for the loss they have suffered.
In Ohio, wrongful death claims are governed by ORC § 2125.01 et seq. The claim is filed by the personal representative of the deceased person's estate, on behalf of the surviving beneficiaries. The personal representative is typically named in the will or appointed by the probate court.
Under ORC § 2125.01, a wrongful death action may be brought when the death of a person is caused by a wrongful act, neglect, or default that would have entitled the injured person to maintain an action and recover damages if death had not occurred. The personal representative of the estate files the claim on behalf of the statutory beneficiaries.
This is a distinct legal action from any criminal case that may arise from the same incident. Families do not need to wait for a criminal investigation or prosecution to pursue a wrongful death claim. The two proceedings operate independently, with different standards of proof and different purposes.
Who Can File a Wrongful Death Lawsuit in Ohio?
Only the personal representative of the deceased person's estate can file a wrongful death lawsuit in Ohio. This is not a claim that individual family members file on their own. The personal representative acts on behalf of all eligible beneficiaries.
Under ORC § 2125.02, the statutory beneficiaries who may receive compensation include:
- Surviving spouse of the deceased
- Children of the deceased (including adopted children)
- Parents of the deceased
- Other next of kin who suffered damages as a result of the death
If there is no will naming a personal representative, the probate court in the county where the deceased resided — often Franklin County for Columbus families — will appoint one. I can help guide families through this process, including working with probate counsel to ensure the representative is properly appointed so the wrongful death claim can proceed.
What Damages Are Available in an Ohio Wrongful Death Case?
Ohio law recognizes two separate categories of damages when someone dies due to negligence. Both are typically pursued together, but they compensate different losses.
Wrongful Death Damages (ORC § 2125.02)
These damages compensate the surviving family members for what they have lost. They include:
- Loss of support — the financial contributions the deceased would have provided
- Loss of services — household duties, childcare, and other practical contributions
- Loss of companionship — the relationship, guidance, and emotional presence of the deceased
- Mental anguish — the grief and suffering experienced by surviving family members
- Loss of prospective inheritance — what beneficiaries would have eventually inherited
Wrongful death damages under ORC § 2125.02 compensate the survivors for their losses. Survival action damages compensate the estate for what the deceased experienced before death — including conscious pain and suffering, medical expenses incurred between the injury and death, and funeral and burial costs. These are two distinct claims, often filed together in the same case.
Survival Action Damages
The survival action addresses what the deceased person went through before dying. These damages belong to the estate and may include:
- Conscious pain and suffering the deceased experienced between the injury and death
- Medical expenses incurred for treatment of the fatal injuries
- Funeral and burial costs
The distinction matters because these two claims serve different purposes and may involve different calculations. I evaluate both components of the case to ensure the family's full losses are accounted for.
What Causes of Action Lead to Wrongful Death Claims?
A wrongful death claim can arise from any situation where another party's negligence or wrongful conduct caused or contributed to a death. In my practice, the most common scenarios include:
- Car and truck accidents — distracted driving, speeding, impaired driving, and other negligent behavior on Ohio roadways
- Motorcycle and pedestrian accidents — collisions where a driver's negligence results in a fatal injury
- Medical negligence — surgical errors, misdiagnosis, medication mistakes, or failure to treat
- Workplace accidents — unsafe conditions, OSHA violations, or defective equipment
- Premises liability — dangerous property conditions that lead to a fatal fall, drowning, or other accident
- Defective products — products with design defects, manufacturing flaws, or inadequate warnings
- Criminal acts — assaults, DUI crashes, or other intentional or reckless conduct that results in death
Each type of case involves different evidence, different liable parties, and different legal standards.
What My Insurance Background Means for Your Case
I started my career as a personal auto bodily injury adjuster at a national carrier. I learned how the claims evaluation process works from the inside — how reserves get set, how fault gets assigned, how files get built to minimize payouts. I bring that lens to every case I handle, including cases that go beyond what I saw on the adjuster's desk.
I didn't handle wrongful death claims as an adjuster. I'll be upfront about that. The claims I evaluated were personal auto bodily injury files — not high-exposure death cases. But the system I worked inside is the same system your family's claim will move through, just at a higher level.
When a death claim comes in, the file gets escalated. Reserve authority moves up the chain. The carrier assigns senior adjusters or special investigation teams. Defense counsel gets involved earlier. The stakes are higher, so the insurer's playbook gets more deliberate — but the underlying logic is the same. Minimize exposure. Control the narrative. Delay when it helps their position.
My background gives me a framework for understanding how the insurance side of a death claim operates. I know what the adjuster's file looks like. I know what questions they're asking internally. That doesn't make me an insider on wrongful death specifically — but it puts someone in your corner who knows how the other side operates.
I won't overstate what my adjuster experience means for a case like yours. But I won't pretend it's irrelevant either. Understanding how carriers think about high-exposure claims is part of how I build the case for your family.
How Long Do You Have to File a Wrongful Death Claim in Ohio?
Two years. Under ORC § 2125.04, the statute of limitations for a wrongful death claim in Ohio is two years from the date of the person's death — not from the date of the accident or the date the injury occurred.
Under ORC § 2125.04, a wrongful death action must be commenced within two years after the decedent's death. If the claim is not filed within this window, the court will almost certainly dismiss it. There are very limited exceptions, and they rarely apply. The safest course is to contact an attorney well before the deadline.
Two years may feel like a long time when you are grieving. But wrongful death cases require significant preparation — gathering medical records, obtaining accident reports, retaining expert witnesses, and building a thorough case. The earlier you speak with an attorney, the stronger the foundation.
If you are unsure when the clock started on your family's claim, or if you are approaching the two-year mark, call me at (614) 721-2524. I can evaluate the timeline and advise you on next steps at no cost.
Wrongful Death FAQ
Answers to questions families often have about wrongful death claims in Ohio.
What the Process Looks Like
When you're ready, we talk. I'll explain your family's legal options and answer your questions. If you want to move forward, I handle everything from there. There's no cost unless we recover for you.