Statute of Limitations for Survival Claims in Ohio

Ohio wrongful death attorney, Scott Kuboff, discusses the statute of limitations and how much time you have to file a survival claim following the death of a loved one.

DISCLAIMER: This video is for educational purposes only and should not be construed as legal advice as to the statute of limitations in your case. If you want to know the statute of limitations applicable to your case, contact an attorney.

If you have a question on a survival claim, please contact Scott for a no cost, no obligation consultation and case evaluation.

What is a Survival Claim?

Ohio personal injury attorney, Scott Kuboff, discusses R.C. 2305.21 and the damages an estate can recover for claims that survive someone's death.

R.C. 2305.21 provides “causes of action for . . . injuries to the person or property. . . shall survive; and such actions may be brought notwithstanding the death of the person entitled . . . thereto.” In other words, survival claims are to recover damages suffered by the decedent before his or her death including, but not limited to:

  • Medical expenses

  • Lost income

  • Pain and suffering

These damages become part of the estate, subject to creditors, and are distributed according to the decedent’s will. 

If you have a question on a wrongful death or survival claim, please contact Scott for a no cost, no obligation consultation and case evaluation.

What is a Wrongful Death Claim?

Ohio personal injury attorney, Scott Kuboff, discusses R.C. 2125.01 and the damages a family can recover following the wrongful death of a parent, sibling or child.

Pursuant to R.C. 2125.01, a wrongful death claim is available when "the death of a person is caused by wrongful act, neglect, or carelessness which would have entitled the party injured to maintain an action and recover damages" had they not died. It is the family’s claim to bring, for their loss. The damages including, but are not limited to:

  • Loss of income/support from the decedent  

  • Loss of potential retirement/inheritance

  • Loss of companionship

  • Mental and emotional anguish

  • Funeral expenses

The proceeds of claim are distributed by the probate court (but not a part of the estate) in an equitable manner taking into consideration the age, relationship, and injury to the individual claimants.  Proceeds are not subject to the distribution method of a will.

If you have a question on a wrongful death claim, please contact Scott for a no cost, no obligation consultation and case evaluation.