If you have lost a loved one due to someone else’s negligence in Ohio, understanding your legal rights is a critical first step toward justice. This guide covers Ohio’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Ohio provides no caps on general wrongful death claims but imposes a distinctive medical malpractice cap structure – the higher of $250,000 or three times economic damages, subject to an overall ceiling of $350,000 (or $500,000 in cases involving permanent and substantial physical deformity or loss of use) – that requires sophisticated litigation strategy.
Ohio Wrongful Death Laws
The Ohio Wrongful Death Statute
Ohio’s wrongful death law is governed by Ohio Revised Code § 2125.01. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
Ohio imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Ohio allows recovery for loss of support, loss of services, loss of companionship, mental anguish, and funeral expenses. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a cap on non-economic damages of $250,000 or three times the economic damages, whichever is greater, subject to an overall ceiling of $350,000 per plaintiff (or $500,000 per plaintiff / $1,000,000 per occurrence in cases involving permanent and substantial physical deformity, loss of use of a limb, or permanent functional injury preventing independent self-care). Important 2025 development: The Ohio 10th District Court of Appeals ruled this cap unconstitutional “as applied” in Lyon v. Riverside Methodist Hospital (2025-Ohio-2991). The Ohio Supreme Court is expected to review the case — the cap’s future applicability is legally uncertain as of 2025.
Survival Action
Ohio maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Ohio
1. Spangenberg Shibley & Liber LLP
Location: Cleveland, OH
Phone: (216) 696-3232
Website: https://spanglaw.com
A legendary Ohio trial firm with dominant focus on medical malpractice and catastrophic injuries. Navigating Ohio’s complex $250,000 or 3x economic cap requires sophisticated litigation. This firm utilizes elite medical and economic experts to drive up the economic damages, which mathematically increases the maximum allowable non-economic recovery under the 3x formula.
2. Elk + Elk
Location: Cleveland, OH (Offices statewide)
Phone: (800) 355-6446
Website: https://elkandelk.com
A massive, highly recognized personal injury giant in Ohio. They have the resources to hire the best accident reconstructionists, biomechanical engineers, and life-care planners. In uncapped general wrongful death cases – fatal semi-truck accidents or defective products – they aggressively pursue massive multi-million dollar settlements for mental anguish and loss of support.
3. Nurenberg, Paris, Heller & McCarthy
Location: Cleveland, OH
Phone: (216) 621-2300
Website: https://nphm.com
With nearly a century of history, this firm is highly respected in both aviation disaster litigation and severe auto and trucking fatalities. Because Ohio allows separate survival actions, they meticulously document the deceased’s conscious pre-death suffering, ensuring the estate extracts maximum compensatory damages from negligent corporations.
Frequently Asked Questions
How does Ohio’s medical malpractice cap work?
Ohio’s cap is unique – non-economic damages in medical malpractice cases are capped at the greater of $250,000 or three times the economic damages, but this formula is itself subject to an overall ceiling of $350,000 (or $500,000 for permanent and substantial physical deformity or loss of use). This means that if economic damages are high enough, the non-economic cap increases proportionally up to the applicable ceiling. This formula incentivizes attorneys to build the strongest possible economic damages case, as doing so directly expands the non-economic recovery ceiling up to the statutory maximum.
Are there caps on general wrongful death damages in Ohio?
No. For wrongful death claims not involving medical malpractice, Ohio imposes no caps on damages.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Ohio’s distinctive medical malpractice cap formula creates a strategic incentive to maximize economic damages. The firms listed above have the expertise to leverage this formula. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.