Who Can File a Wrongful Death Lawsuit in Ohio?

Losing a loved one is devastating. When that loss stems from an accident or wrongdoing, the emotional pain often mixes with a burning desire for justice. While every family member may feel the urge to take immediate legal action, Ohio has specific laws governing who can file a wrongful death lawsuit.

Since 1973, Lafferty, Gallagher & Scott has helped families understand Ohio’s laws regarding wrongful death. Let’s examine who is eligible to seek justice for your loved one, so you can begin moving forward.

Who Has the Right to File a Wrongful Death Lawsuit in Ohio?

Understanding Ohio’s Law

Under Ohio law, only the personal representative (executor) of the deceased person’s estate is authorized to file a wrongful death lawsuit. This person doesn’t file for themselves; they act on behalf of surviving family members who may be entitled to compensation.

If no executor was named in a will or appointed before death, the probate court can appoint someone to serve in this role. This prevents families from being left without legal recourse during an already challenging time.

Who Benefits from the Lawsuit?

While only the personal representative can file the case, Ohio law recognizes specific family members as statutory beneficiaries, or people who may receive compensation:

Spouse: Typically the person with the closest emotional and financial bond to the deceased, surviving spouses typically face the greatest impact from their loss.

Children: Both minor and adult children can benefit from a wrongful death claim, as they’ve lost not only a parent’s love and guidance but also potential future support.

Parents: Particularly when the deceased was a young adult or minor, parents may recover damages for their profound loss.

In rare cases, other family members may qualify if they can prove financial dependency or an especially close relationship with the deceased.

What Can Be Recovered in a Wrongful Death Claim?

Ohio recognizes that losing a loved one creates both financial and emotional hardships. Families may seek compensation for:

Medical Bills & Funeral Costs: The immediate, often stressful expenses that follow a wrongful death.

Lost Financial Support: The income and benefits the deceased would have provided throughout their lifetime.

Loss of Companionship: Compensation for the deep emotional toll, including the conversations that will never happen, the advice that won’t be given, and the daily presence that’s gone forever.

Loss of Services: Help with household tasks, caregiving, or business operations that the deceased provided.

Mental Anguish: Recognition of the pain and grief survivors endure.

Potential Future Benefits: Including pensions, retirement funds, and inheritance the deceased would have accumulated.

How to File a Wrongful Death Lawsuit

Filing begins with the probate court, which plays a crucial role in appointing a personal representative if one doesn’t already exist. From there, working with an experienced wrongful death attorney becomes essential to build a strong case.

Time is critical; Ohio’s statute of limitations allows only two years from the date of death to file a wrongful death lawsuit. Evidence can disappear, witnesses’ memories can fade, and important details can be lost if families wait too long to take action.

The legal process involves gathering medical records, investigating the circumstances of death, consulting with professionals, and building a compelling case that demonstrates both liability and the full extent of the family’s losses.

Don’t Try to Seek Justice Alone

Grief, confusion, and anger are natural responses to losing someone you love due to another’s negligence. These feelings are valid, and you deserve justice. But you don’t have to carry the legal burden while you’re trying to heal.

At Lafferty, Gallagher & Scott, we don’t just take on wrongful death cases — we walk beside families who never thought they’d be in this position. We’ll help you understand what comes next, what your options are, and how to protect your family’s future with strength and dignity.

Reach out when you’re ready. We’ll be here with honest answers, steady guidance, and deep respect for what you’re going through.