Understanding Your Rights After a Wrongful Death in Ohio

Losing a loved one is a painful experience that changes your life forever. The unexpected death of a family member due to a preventable injury, such as a wrongful act or neglect of a third party, is a tragedy, and it may be difficult to determine what your next steps are. Ohio has codified the wrongful death statute that holds the at-fault party accountable for damages following a wrongful act, neglect, or injury that results in death. The damages under Ohio’s wrongful death statute are generally for the benefit of the decedent’s surviving spouse, children, and parents. While Ohio law provides family members with a civil course of action against an at-fault party, navigating complex and time-sensitive legal matters may make the grieving process more difficult.

Our law office understands how difficult it is to lose a loved one. The experienced attorneys at Charles E. Boyk Law Offices can review your case and discuss what options you may have to pursue a wrongful death action for your damages following a devastating loss. Our team strives to fight for you; a wrongful death action is an option to hold the wrongdoer accountable and seek compensation for your loss.

This area of law is complex; contacting an attorney after losing a loved one will help you evaluate what options may be available to you. Below is a list of terms that are used in Ohio’s wrongful death statute that you may be unfamiliar with:

Decedent – an individual who died.
Personal Representative – an individual appointed by the probate court to bring a civil action on behalf of the statutory beneficiaries for wrongful death.
Administrator – (under Ohio probate law) a court-appointed representative tasked with managing a deceased person’s estate.
Executor – (under Ohio probate law) an individual formally named in a will who is responsible for managing the estate of a deceased person.
Intestate – (under Ohio probate law) when an individual dies without a will prepared.

Ohio law governs wrongful death actions, including who is presumed by law as a beneficiary, establishing the statutory beneficiaries’ entitlement to damages, and how distributions of any award in a wrongful death settlement are determined. Each family dynamic is unique, so contact our office to speak with an experienced attorney regarding the wrongful death of your loved one to discuss what options might be available to you.

What is a wrongful death?

Ohio law defines a wrongful death as a death caused by a wrongful act, neglect, or injury that would have entitled the injured party to bring a cause of action and recover damages if death had not ensued. [1] The death must be caused by conduct that would have allowed the victim to bring a personal injury claim if they had survived. Examples of wrongful death cases may include: car crashes, medical errors, unsafe property conditions, defective products, or workplace incidents.

What damages may be awarded in a wrongful death cause of action?

With the assistance of an Ohio wrongful death attorney, a statutory beneficiary may recover compensatory damages for a wrongful death action. Compensatory damages may include:

Reasonable funeral and burial expenses;
Loss of support from reasonably expected earning capacity;
Loss of services;
Loss of companionship, consortium, care, assistance, etc.;
Loss of prospective inheritance; and
Mental anguish incurred by surviving spouse, dependent children, parents, or next of kin.

To determine damages, a trial court considers all factors existing at the time of the decedent’s death that are relevant to determining damages. A wrongful death claim allows beneficiaries to recover the full value of the decedent’s life. It is important to note that a wrongful death action is for the exclusive benefit of the surviving spouse, children, and parents of the decedent. A wrongful death action will be separate from the decedent’s estate administration, which is typically done through the probate court.

Time limitations and contacting an Ohio wrongful death attorney.

In most wrongful death actions in Ohio, the personal representative must settle the claim or bring a lawsuit within the 2-year statute of limitations. The two-year statute of limitations begins on the day of the person’s death, not the day the injuries occurred, unless the injuries and death occurred on the same day. Certain product liability claims may have different statutes of limitations; contacting a Toledo wrongful death attorney early will help ensure your action is filed within the applicable statute of limitations. Failing to file a cause of action within the statute of limitations can result in losing the right to seek damages.

Who can file a civil action for wrongful death?

A civil action for a wrongful death claim must be brought by the decedent’s personal representative. A personal representative is an individual who is appointed by the court. Our wrongful death attorneys are familiar with this process and will ensure a personal representative is appointed, so a wrongful death claim can be brought. A court-appointed representative is the sole person authorized by statute to: (i) pursue beneficiaries’ claims against the tortfeasor; (ii) settle the wrongful death claim; and (iii) file notice of appeal following a wrongful death lawsuit. Under Ohio law, the administrator of an estate must be an Ohio resident.

The personal representative files a wrongful death lawsuit for the exclusive benefit of the decedent’s statutory beneficiaries. The personal representative pursues the wrongful death action for the benefit of the statutory beneficiaries rather than the statutory beneficiaries filing individual claims themselves. However, a family member may also be appointed as the personal representative.

Ohio law presumes the surviving spouse, children, and parents of the decedent are interested persons who suffered damages as a result of a wrongful death. Other next of kin may file written notice with the probate court to remain an interested person in the wrongful death action. An individual who is not the surviving spouse, child, or parent of the decedent will have to establish they suffered a financial or emotional loss due to the wrongful death.

Elements of a wrongful death claim.

To successfully recover damages in a wrongful death claim, the personal representative will need to establish the following elements:

the existence of a duty of care – the responsible party had a legal obligation to act with reasonable care;
breach of that duty – through negligent or wrongful actions, the responsible party failed to uphold the duty of care;
causation – the breach directly caused the death; and
damages – the family suffered losses as a result of the death of the decedent.

Promptly contacting an attorney to discuss a wrongful death action can make a difference in collecting evidence and timely filing an action with the court. Evidence to establish a wrongful death claim may include accident reports, medical records, expert testimony, and witness statements. A skilled Ohio wrongful death attorney from Charles E. Boyk Law Offices can handle these tasks, ensuring every detail is covered to support your claim.

How is a personal representative determined or appointed?

An individual will submit an application to the probate court to be an appointed as a representative. The court will review the application(s) and appoint a personal representative. If two individuals want to be appointed as the personal representative in a wrongful death action, the court may appoint the first applicant, but often it will appoint the personal representative based on statutory priorities and the “suitability” of the applicants. When appointing a personal representative, if the decedent died and had a will, the court may appoint the executor named in the will. If the decedent died without a will, the court may appoint a personal representative in accordance with the order of priority of relationships under Ohio law. The first priority in this case is to appoint the decedent’s surviving spouse, provided the surviving spouse is a resident of the state of Ohio. If there is no surviving spouse, or the surviving spouse is not a resident of Ohio, the court may appoint the next of kin, which may include adult children and/or living parents who are residents of the state. If more than one individual submits an application to the court to be a personal representative, the court may conduct a fact-specific inquiry into the “suitability” of each applicant, which is done by taking testimony and presenting evidence during a hearing in front of the probate court. If the court finds that the applicants are hostile or have personal or financial conflicts, it may appoint a neutral third party.

A “suitable person” must be reasonably disinterested and in a position to reasonably fulfill the obligations of a fiduciary; the court considers:

Nature & extent of any hostility or distrust among the parties;
Degree of personal and financial conflicting interests & obligations; and
Any underlying and aggregate complexities of the conflict.

This is extremely case-dependent. For example, a court found that a surviving spouse was not suitable to perform duties in the administration of the estate of the decedent when the decedent was fatally wounded by the surviving spouse’s father. The court determined the surviving spouse’s (wife) ability to remain disinterested in an action against her father was questionable.[2] The court also found the mother of the decedent’s child could not adequately represent the interests of the other.

What to Expect During the Legal Process in a Wrongful Death Case

The legal process begins by contacting an attorney to discuss the legal options available to you. A personal representative will need to be appointed, if not already. The next steps often include gathering evidence, consulting with experts, and negotiating with insurance companies. Then, if necessary, a lawsuit will formally begin after filing a complaint in civil court, stating the facts of your case, describing the circumstances of the death, and outlining the damages sought. While many cases are settled out of court, some may proceed to trial if a fair agreement cannot be reached. A wrongful death lawyer in Ohio can handle this process, ensuring all necessary documents are filed accurately and on time.

Throughout this process, our team of dedicated wrongful death lawyers will advocate for your family’s best interests and work to hold the responsible parties accountable.

Why you should contact an attorney.

For most wrongful death actions in Ohio, the personal representative must bring a lawsuit within the two-year statute of limitations. Determining the statute of limitations can be complex depending on the facts of your case; it is best to contact one of the experienced attorneys at our office to assess the time limits for filing a wrongful death lawsuit. The two-year statute of limitations begins on the day of the person’s death, not the day the injuries occurred, unless the injuries and death occurred on the same day. Certain product liability claims may have different statutes of limitations; contacting a Toledo wrongful death attorney early will help ensure your action is filed within the applicable statute of limitations. Failing to file a cause of action within the statute of limitations can result in losing the right to seek damages. Our office has extensive experience assisting clients in wrongful death matters.

How are wrongful death settlement proceeds distributed?

The probate court has broad discretion when distributing wrongful death proceeds. Proceeds from wrongful death actions may be distributed without regard to the statute of descent and distribution, which governs estate distribution for decedents who die without a will. Wrongful death proceeds do not pass under the statute of descent and distribution; instead, wrongful death proceeds are allocated on an equitable basis among the decedent’s statutory beneficiaries. The court must adjust and distribute proceeds shares in a manner that is equitable, considering the injury and loss to each beneficiary as well as the age and condition of each beneficiary. To determine injury and loss, the court may consider:

Loss of support and services;
Loss of companionship, consortium, care, and attention;
Loss of prospective inheritance; and
Mental anguish suffered by parents or next of kin.

The presumption that a surviving spouse, child, or parent of the decedent suffered damages may be rebutted. For example, if a parent abandons a minor child, they are not entitled to proceeds from a wrongful death action. Other next of kin, such as siblings, may establish damages through proof filed with the court; this would affect the distribution of wrongful death proceeds, as the proceeds will be distributed among more individuals.

The probate court also has the discretion to allocate settlement proceeds for funeral and burial expenses unless explicitly agreed to in a settlement agreement or awarded by a judge or jury. The trial court is authorized to award damages to each beneficiary in proportion to the injury and loss, as determined by the court. There is no precise formula when apportioning wrongful death proceeds among the surviving family members; however, the court will distribute wrongful death proceeds in an equitable manner considering the injury and loss to each family member resulting from the wrongful death.

Our attorneys will not only advocate for the wrongful death settlement but also ensure it is distributed fairly. To find out how the law applies to your unique situation and explore your options, contact the Ohio wrongful death attorneys at our firm today.

Wrongful Death & Survival Claims

Wrongful death and survival claims are independent and distinct claims that belong to separate individuals. Settlement funds recovered in a wrongful death action are for the exclusive benefit of the statutory beneficiaries and are not an asset of the decedent’s estate. If compensation is recovered in a wrongful death and survival action, settlement and distribution of funds must be approved by the probate court. The right to recover belongs solely to statutory beneficiaries.[3]

In addition to wrongful death claims, Ohio law also allows for survival actions. While wrongful death claims focus on the family’s losses, survival actions address the damages the deceased person could have pursued if they had survived. A survival action is the legal claim meant to address the legal remedy the decedent could have brought for the injuries suffered prior to death and is generally for the benefit of the estate.

Both wrongful death and survival action claims can be filed simultaneously, but they serve different purposes. A Toledo wrongful death attorney can help you understand the differences and determine the best course of action for your family. If a gross settlement, for both a survival action and a wrongful death action, is inadequate to fully compensate for all wrongful death and survival claims, the relative value of the respective wrongful death and survival claims is an important factor when determining distribution of proceeds. No single factor is dispositive in determining equitable distribution.[4]

To find out how the law applies to your unique situation and explore your options, contact the Ohio wrongful death attorneys at our firm today.

Ohio Statute of Descent and Distribution v. Wrongful Death Settlement

Ohio Statute of Descent and Distribution determines how the probate assets in an intestate estate will be distributed. Wrongful death claims belong to the statutory beneficiaries, so the award or settlement is generally not subject to estate claims.

Under R.C. 2125.03, Ohio’s wrongful death statute, the probate court may adjust the share of each beneficiary in a manner that is equitable when considering the injury and loss to each beneficiary resulting from the death. This operates differently from the statute of descent and distribution, which governs the distribution of probate assets from a decedent who died intestate.

Why should I contact Charles E. Boyk Law Offices?

Over the years, our attorneys have handled over 100 wrongful death cases.

Confidential Settlement – Wrongful Death Following Exposure to an Illegal Substance

While under the supervision of a facility, the victim was exposed to an illegal and potentially lethal substance. This exposure may have contributed to his death, and the family believed that inadequate staffing and a lack of proper oversight at the facility were to blame. Additionally, law enforcement conducted its own criminal homicide investigation into the death.

After the investigation concluded, we worked closely with the family pursuing a wrongful death claim and held the facility accountable. We secured a confidential settlement, helping provide financial support for the family and addressing the losses they suffered as a result of their loved one’s death.

Confidential Settlement – Wrongful Death From Boating Accident

After a boating trip turned into tragedy, our firm assisted a widow who lost her husband in a boating accident. We were able to reach a confidential settlement with the boat owner’s insurance due to the driver’s err while operating the boat. In this case, the liability was clear, but there were other passengers on the boat, so our client’s wrongful death action was competing against other parties’ injury claims under the limits of the insurance policy.

Confidential Settlement – Wrongful Death of Family of Five in a Car Accident

Following a horrific accident that killed a family of five, our firm assisted the father who lost his son, son’s fiancé, and grandchildren in a wrongful death action against the at-fault party. Our client’s son was the father of one of the children; the other parties were represented by other attorneys. In a wrongful death settlement, it may be difficult for parties to agree on an equitable distribution between them. Our firm collected a settlement for the wrongful death action and assisted the father in administering his deceased son’s estate.

Every wrongful death case involves tragic losses and unique circumstances. The attorneys at our office are experienced in this area of law. Contact an attorney at our office to investigate what insurance may exist, navigate the complications of competing claims, and to prove the value of your lost relationship by establishing the relationship dynamic.

We handle every case with care and attention because we understand how devastating this loss is for your family. Our attorneys work on a contingency fee basis, meaning there is no fee unless we win. We can review your case, explain your options, and take immediate action to protect your claim.

If you have lost a loved one due to someone else’s negligence, call Charles E. Boyk Law Offices today for a free, confidential consultation with an experienced wrongful death attorney. There is no fee or out-of-pocket cost to you unless we win your case.

[1] R.C. 2125.01

[2] In re Estate of Roch, 81 Ohio App. 3d 161, 610 N.E.2d 524, 1991 Ohio App. LEXIS 4699

[3] In re Estate of Shackelford, 2016-Ohio-1431, 63 N.E.3d 584, 2016 Ohio App. LEXIS 1312, 2016 WL 1296458

[4] In re Estate of Shackelford, 2016-Ohio-1431, 63 N.E.3d 584, 2016 Ohio App. LEXIS 1312, 2016 WL 1296458