Last updated on August 7th, 2023
You’ve probably heard of wrongful death suits, but do you know what they are? Put simply, “wrongful death” means that someone passed away because of the negligence or bad behavior of another person. It means that the death is legally the fault of another person and could have been avoided.
Let’s take a closer look at the laws surrounding wrongful death in Ohio. We’ll go over the following:
The Ohio wrongful death laws define a wrongful death as a death “caused by wrongful act, neglect, or default” and allow a wrongful death suit if the wrongful act, neglect, or default would have given rise to a lawsuit if the victim had not died. A wrongful death suit is a civil action, as opposed to a criminal one. In a criminal case, the defendant may face jail time, fines, and other penalties. In a civil suit, the defendant must pay cash damages to the plaintiffs.
Even if the party at fault is not convicted in a criminal case, the family of the deceased may still recover damages in a wrongful death suit. That’s because of the different standards of proof required in criminal and civil cases. In a criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” In a civil case, the standard is much lower. The plaintiffs only have to show the defendant’s fault by a “preponderance of the evidence.” In other words, they must show that it’s more likely than not that the actions of the defendant caused the death of the victim.
There are a wide variety of causes for wrongful death. Medical malpractice is one of the most common with more than 3,000 claims in Ohio per year, such as communication errors and failure to maintain equipment or a clean environment. Motor vehicle accidents are the next-biggest cause of wrongful death, accounting for more than 1,000 deaths in Ohio per year. Meanwhile, about 100 fatalities each year in our state are caused by trucking accidents, according to Ohio State Highway Patrol statistics.
Slip-and-fall fatalities come next on the list, with more than 2.5 fall-related emergency room visits for every 100 Ohio older adults, according to data from the Ohio Hospital Association. And falls don’t just affect older adults — fall-related hospital visits resulted in $1.2 billion in medical charges in Ohio from 2002 to 2005, which was more than the costs associated with treating motor vehicle injuries, self-harm, assault, and unintentional poisoning. Property owners have a legal duty to maintain their property in a safe condition; failure to do so makes them liable for injuries to the people on their land. In total, the CDC reports that unintentional injuries claim more than 136,000 lives each year in the United States.
Wrongful death suits also may involve negligence. For example, a doctor or nurse may accidentally give a patient the wrong medication, leading to the death of the patient. That may give rise to a wrongful death lawsuit in Ohio. Wrongful death suits may also involve intentional actions; these are typically also crimes. Murder, for example, can give rise to a wrongful death suit in addition to criminal charges.
In a typical personal injury suit, only the injured party has the right to sue. Obviously, a deceased victim cannot bring a suit on her own behalf. So, a “personal representative” of the estate of the deceased can bring suit instead. In Ohio, the suit must be for the benefit of the estate, surviving spouse, parents, and children of the deceased. Those people are presumed to have suffered damages because of the death. However, the defense attorney may show that this next-of-kin did not actually suffer damages, in which case they are not entitled to compensation. That may occur when the surviving family members and the deceased are estranged, for example.
Other people, such as grandchildren or siblings of the deceased, may be able to show in court that they suffered a compensable loss due to the death of the victim. A “compensable” loss is a loss that is legally recognized and can give rise to a claim for compensation.
Finally, parents who have abandoned a child may not recover in a wrongful death suit arising from the death of that child.
You have a limited amount of time in which to file a lawsuit for wrongful death. That’s called a “statute of limitations.” Ohio state law gives you two years from the date of death to file. If you file after that time, the court will typically dismiss your case. However, certain factors can alter the way the statute of limitations runs. For example, if the death was caused by a faulty product, you can’t bring suit more than 10 years after the original injury involving the product, regardless of when the victim actually died. Your best option is to speak to an experienced wrongful death attorney as soon as possible after the victim passes away to determine your eligibility to file a claim.
A wrongful death case may be settled before trial or may go before a jury. In Ohio, the jury has the right to award an amount proportional to the injuries and losses suffered by the beneficiaries of the suit. The jury may also separately award funeral and burial costs. The amount of the jury award is determined by “all factors existing at the time of the decedent’s death that are relevant to a determination of the damages suffered by reason of the wrongful death.” In other words, they can consider whether people were dependent on the deceased for support, how much the deceased earned, how long she expected to continue working, and other factors to determine how much the wrongful death will cost the beneficiaries of the suit.
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The damages awarded in a wrongful death suit fall into two general categories. First, the jury may award compensation for costs incurred between the accident and the death. That typically includes medical bills, lost wages, and pain and suffering.
Second, the jury may award compensation for damage to the surviving family members after the death of the victim. A wrongful death suit doesn’t just cover the cash value of the earnings of the deceased. Ohio law also allows for damages to compensate for the loss of “companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education.”
You may recover for “mental anguish” caused by the suffering and death of the victim. You may also recover for the loss of the inheritance you would have received had the deceased lived a natural life.
The distribution of the proceeds from a wrongful death suit is determined by Ohio’s laws regarding inheritance. Generally, family members who are all related to the same degree will receive equal parts of the award. Family members who are farther removed from the deceased will receive less than those who are more closely related.
A lawsuit for wrongful death in Ohio can take many forms. For example, the estate of one Ohio woman sued Montgomery County for failing to take action after she repeatedly complained about her neighbors’ dangerous dogs. She was mauled to death by the dogs in 2014. She had called 911 more than 15 times and filed 12 separate reports about the dangerous dogs, but the county failed to take any action. That mistake cost her her life. Her estate also sued the owners of the dogs, however, the case was voluntarily dismissed.
Another suit in Ohio was filed against Ohio University on behalf of a student who passed away after contracting a severe strain of bacterial meningitis. The lawsuit alleged that the university failed to warn students about the dangerous disease that was spreading through campus. When she called the health center with a fever of over 103, they told her to take an anti-inflammatory such as Tylenol or Advil and get some rest. As a result of that advice, the student died of the illness. In early February 2015, Ohio University settled with the estate for about $1 million.
Another wrongful death suit in Ohio was filed against OhioHealth and O’Bleness Memorial Hospital on behalf of a patient who died of an allergic reaction while under the hospital’s care. Even though his allergies were listed on his chart, a doctor gave him one of the medications to which he was allergic. That mistake resulted in his death. The suit claimed damages of more than $25,000.
First, gather all the information and documentation you have about the injuries that cost the victim her life. Then, contact one of the experienced wrongful death attorneys of Dyer, Garofalo, Mann & Schultz L.P.A. for a free consultation. We’ll go over your case with you to determine whether you have a valid claim and we’ll help you follow your claim through to the end. If your loved one passes away due to the error or intentional bad action of another person, we can help you fight for the compensation you deserve.
This will be the second review I have written. Can not say enough about Mr David Marquis, he has went above and beyond for me with my case. From day one, he has worked very hard for me to ensure that I would get what I was deserved. Also, his paralegals, Amy Smith and Allison was a God send. Whenever I had a question, they would get back with me within minutes.
I would highly recommend you to anyone. Thank you Mr Marquis and your staff for all you have done for me.
The team did a superb job of keeping me in the loop in regards to my claim. Brittany did an amazing job as my paralegal, following up with me as soon as she had news on my case. I truly can’t thank the Dyer, Garofalo, Mann & Schultz firm enough. If you are looking for legal representation that will truly fight for you, these are the guys to go with!
This was my first time having to deal with anything legal, they did a very good job, they helped me through the whole process start to finish. Kept me up to date with everything as time went and also didn’t make me feel dumb over a couple very “dumb” questions. Definitely the people I’ll come back to if needed again!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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