If you lost someone because of another person's carelessness, an Ohio wrongful death lawyer at Anzellotti, Sperling, Pazol & Small can explain how a claim works and what the law allows your family to recover.
A wrongful death claim is a civil action brought when a loved one dies because a negligent party’s carelessness or wrongful act caused it. It is not a criminal case and it does not assign criminal responsibility. Its purpose is to compensate the family for what the death took from them and to hold the responsible party accountable, and Ohio’s wrongful death statute sets out who can bring it, who benefits and what can be recovered.
These claims arise from vehicle crashes, workplace incidents, medical malpractice, unsafe property and, in the Mahoning Valley, from the industrial settings this region still runs on. The question in every one of them is the same: could the death have been prevented with reasonable care.
Anzellotti, Sperling, Pazol & Small is a personal injury law firm that has practiced from Youngstown since 1971, which is over 55 years representing families across Ohio after a preventable death. If the death happened closer to home, our Youngstown wrongful death attorneys handle the same claims locally, and there is no fee unless we recover compensation for you.
Under Ohio law, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate, not by family members directly. That person is usually named in the will; where there is no will, the probate court appoints someone, often a close relative. This step has to happen before anyone can file a wrongful death lawsuit at all, which is one reason to involve a wrongful death attorney early rather than after the estate is settled.
Although the representative files it, the claim exists for the benefit of the family. The statute presumes that the surviving spouse, the children and the parents suffered damages, so those relatives do not have to prove the loss from scratch. Other next of kin can share in a recovery where they can show what the death cost them. The probate court oversees how any recovery is divided.
Ohio does not leave the categories of loss to argument. The wrongful death statute lists five kinds of compensatory damages a court may award: loss of support from the earning capacity the person was reasonably expected to have, loss of the services they provided to the household, loss of their society, which the statute defines to include companionship, consortium, care, attention, protection, advice, guidance and instruction, loss of prospective inheritance to their heirs, and the mental anguish suffered by the surviving spouse, dependent children, parents or next of kin. Funeral and burial costs are recoverable separately.
A survival action is a different claim that often travels with the wrongful death claim. It belongs to the estate rather than the family and covers what the person themselves suffered before death, including pain and suffering, medical expenses and lost wages during the period they survived. Where someone lived for a time after the injury, both claims are usually brought together.
A wrongful death claim must be filed within two years of the date of death, not the date of the injury. Where someone survived for a period before dying, the clock starts when they died. Courts enforce this strictly and the exceptions are narrow.
Ohio’s comparative fault rule applies to wrongful death claims as it does to any injury claim. If the person who died shared some responsibility for what happened, the family’s recovery is reduced by that share, and it is barred only where that share exceeds everyone else’s combined. Insurers work that percentage hard in fatal cases because the amounts involved make every point worth real money.
A wrongful death attorney is doing two jobs at once in these cases. One is the civil claim: gathering the incident reports, medical records, witness accounts and financial documentation that establish fault and quantify the loss, and dealing with the insurer, which is usually the at-fault party’s liability carrier and sometimes an employer’s coverage as well. The other is the probate side, getting a personal representative appointed and the court involved so the claim can be filed.
Families are rarely in a position to manage either in the weeks after losing a loved one. Our clients stop taking calls from the insurance company, we negotiate first because most claims should settle, and we are prepared to try the case when an offer does not reflect what was lost.
A death caused by another party’s negligence, recklessness or wrongful act, where the person would have had an injury claim had they lived. Criminal charges are not required and are decided separately.
The surviving spouse, children and parents are presumed by statute to have suffered damages. Other next of kin can share where they show a loss. The probate court oversees the division.
It depends on the cause of death and the evidence more than on the law. Cases where fault is clear can resolve in months. Contested cases, and those involving a survival action as well, take longer.
No. Most resolve through negotiation with the insurer. A case goes to trial when the offer does not reflect what the family lost, and being prepared to try it is what produces a fair offer.
Often, yes. Workers’ compensation may cover part of the loss, and a separate claim may exist against a third party whose negligence contributed, such as a contractor or an equipment manufacturer.
There is no hurry we would impose on a grieving family. There is a deadline the law imposes regardless. A short call is enough to understand where things stand and whether an estate needs to be opened. It costs nothing and commits you to nothing.
Call ASP&S ASAP at 330-778-ASAP (2727), or contact us online and we will call you back.