There is no legal claim harder to bring than a wrongful death case — not because of the law, but because of what it means. Someone you loved is gone because of another person’s negligence or recklessness. The grief is total. And now, in the middle of it, someone is telling you there’s a legal process that needs to happen, decisions that need to be made, and a clock that is already running.
We understand how heavy that is. The attorneys at Kruger & Hodges have sat across from families in exactly this situation, and we handle these cases with the seriousness and care they require. We won’t rush you. We won’t treat your loved one as a case number. And we will fight as hard as we can to hold accountable whoever is responsible for what happened.
When Ohio Law Allows a Wrongful Death Claim
Ohio’s wrongful death statute — Ohio Revised Code Chapter 2125 — creates the legal framework for these cases. Under ORC § 2125.01, a wrongful death claim arises when the death of a person is caused by a wrongful act, neglect, or default that would have entitled the deceased to bring a personal injury claim had they survived. In plain terms: if your loved one could have sued for their injuries, their family may now sue for their death.
The types of events that give rise to wrongful death claims in Ohio include motor vehicle accidents, commercial truck crashes, workplace accidents, medical malpractice, defective products, premises liability incidents, and any other situation where another party’s negligence or recklessness caused a fatality. The OSHP’s own data shows that 1,037 Ohioans were killed in fatal crashes in 2025 alone — and since 2019, impaired driving has been a factor in more than half of all fatal crashes in the state. These are not abstract statistics. Behind each number is a family that may have the right to pursue justice under Ohio law.
Who Can Bring a Wrongful Death Claim in Ohio
Under ORC § 2125.02(A), a wrongful death action must be brought by the personal representative of the decedent’s estate — typically an executor or administrator appointed by a probate court. However, the action is brought for the benefit of specific family members, not the estate itself. Ohio law identifies the following as primary beneficiaries:
- Surviving spouse
- Children of the decedent
- Parents of the decedent
The statute also allows recovery for other next of kin, though their damages are not presumed as they are for the spouse, children, and parents. Importantly, the law states that a surviving spouse, children, and parents are rebuttably presumed to have suffered damages by reason of the wrongful death — meaning they don’t have to prove their grief. The burden shifts to the other side to rebut that presumption.
One nuance worth knowing: under a 2023 amendment to the statute, if you are among the other next of kin — beyond spouse, children, and parents — you may need to file a written notice of claim with the probate court within two years of the death to preserve your status as an interested person. This is one of several reasons why reaching out to an attorney promptly is so important.
What Ohio’s Wrongful Death Statute Allows You to Recover
ORC § 2125.02(D) sets out the compensatory damages available in a wrongful death claim. Unlike some other states, Ohio’s wrongful death statute does not cap these damages, which is a meaningful distinction. Recoverable damages include:
- Loss of support from the decedent’s earning capacity — the income your loved one would have provided to the family over their remaining working years. This is calculated using actuarial and economic analysis, considering the decedent’s age, career trajectory, and earning history.
- Loss of services — the practical contributions your loved one made to household and family life. Childcare, home maintenance, financial management, caregiving — these have real economic value that Ohio law recognizes.
- Loss of society — this is one of the most significant categories, and one of the most personal. Ohio law specifically defines it to include loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education. The breadth of that list reflects what courts and the legislature understand: that losing a person means losing everything they were to the people who loved them.
- Loss of prospective inheritance — what the decedent’s heirs would reasonably have expected to inherit had the person lived a normal lifespan.
- Mental anguish — the grief, suffering, and emotional distress experienced by the surviving spouse, dependent children, parents, and next of kin. Ohio law explicitly recognizes this as a recoverable damage.
- Funeral and burial expenses — the immediate costs incurred as a direct result of the death.
The Survival Claim: A Separate Legal Action That Runs Alongside
Many families don’t realize that Ohio law allows two distinct legal claims when a person dies due to negligence — the wrongful death claim, which belongs to the family, and what’s called a survival claim.
A survival claim, brought under ORC § 2305.21, compensates the estate for what the decedent themselves suffered before death — conscious pain and suffering, medical expenses incurred between the injury and death, and other losses the decedent experienced personally. When someone is seriously injured and survives for hours, days, or weeks before dying, the survival claim can represent substantial damages in addition to the wrongful death claim.
These two claims are legally distinct, serve different purposes, and are distributed differently. The survival claim goes to the estate and is distributed through the probate process. The wrongful death damages go directly to the beneficiaries as determined by the court. Handling both properly requires an attorney who understands how they interact — and how to maximize recovery under each.
The Two-Year Deadline — and Why It Cannot Be Ignored
Under ORC § 2125.02(F)(1), a wrongful death claim in Ohio must be commenced within two years of the date of the decedent’s death. This deadline is firm. Missing it almost certainly means the family loses its right to pursue any compensation whatsoever, regardless of how clear the other party’s fault is.
There is an important practical reality that often shortens the effective window even further: evidence disappears. In a fatal car crash, dashcam footage may be overwritten within days. In a workplace fatality, incident reports and safety logs may be difficult to obtain once litigation hasn’t been signaled promptly. In a medical malpractice death, records must be carefully preserved and experts must be identified early.
The grief that follows losing someone is real and it takes time — we understand that. But we also know from experience that the families who contact us earlier give us more tools to work with, more evidence to preserve, and more leverage to build the strongest possible case.
Wrongful Death on Ohio’s Roads and Worksites
Fatal crashes remain one of the most common sources of wrongful death claims in Ohio. The OSHP recorded 5,668 fatal crashes statewide from 2021 through 2025, and since 2019, alcohol and/or drugs have played a role in more than half of all fatal crashes in the state — 3,920 deaths in OVIrelated crashes alone. When a family member is killed by a drunk or drugged driver, Ohio law allows a wrongful death claim against that driver, and in some circumstances against the establishment that served them alcohol.
Workplace fatalities are another significant source of wrongful death claims. According to the Ohio Bureau of Workers’ Compensation’s 2023 Census of Fatal Occupational Injuries, there were 164 fatal occupational injuries in Ohio in 2023 — a 7% increase from the prior year. Workers’ compensation provides some relief for onthejob deaths, but it does not preclude wrongful death claims against third parties whose negligence contributed to the fatality. A manufacturer whose defective equipment caused a workplace death, or a contractor whose negligence created the dangerous condition, may be liable outside the workers’ compensation system entirely.
We Handle These Cases Differently
Wrongful death cases carry a weight that other personal injury cases don’t. We approach them accordingly — carefully, deliberately, and with deep respect for the family and the person they lost.
We work directly with our clients. You won’t be handed off to a paralegal after the first meeting. We explain every step of the process in plain language. We answer your calls. And we fight — in negotiation and in court if necessary — to make sure the person responsible for your family’s loss faces real accountability.
Our consultations are free, and we work on a contingency fee basis. You owe us nothing unless we recover for you. Contact us.