Wrongful Death Claims in Ohio Probate Court

Wrongful death claims provide surviving family members with a legal avenue to seek justice when a loved one’s death is caused by someone else’s negligence or wrongful act.

Wrongful death can result from incidents such as car accidents, medical malpractice, workplace accidents, and even intentional acts of violence. Under Ohio law, a wrongful death lawsuit can be filed by the personal representative of the deceased’s estate through the probate court. This person may be nominated in the deceased’s will and appointed by the court or a person may apply and be appointed by the court if there is no will (see generally Ohio Revised Code § 2125.02). 

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The process begins with the appointment of a personal representative, who will then file the wrongful death claim on behalf of the surviving family members, typically seeking compensation for the loss of companionship, mental anguish, and financial security. The claim itself is filed in civil court, but it intersects with probate proceedings, as the personal representative manages both the estate and the legal claim. In Ohio, the surviving spouse, children, and sometimes parents or siblings can file the claim (Ohio Revised Code § 2125.02). If the wrongful death lawsuit is successful, damages may include funeral expenses, lost wages the deceased would have earned, and compensation for various emotional damages. 

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A key factor to keep in mind is Ohio’s two-year statute of limitations for wrongful death claims, meaning the lawsuit must be filed within two years from the date of death (Ohio Revised Code § 2125.02(F)). Failing to file within this period could result in the claim being dismissed. While no amount of money can truly replace the loss of a loved one, pursuing a wrongful death claim through probate court can provide essential financial support and help hold negligent parties accountable. If you believe your loved one’s death was caused by another’s actions, it’s important to consult with an attorney who can guide you through the process and ensure your rights are protected.