Statute of Limitations for Wrongful Death Claims in Ohio

Ohio wrongful death attorney, Scott Kuboff, discusses the statute of limitations and how much time you have to file a wrongful death lawsuit.

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 wrongful death 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.