A Death Somebody Caused
ORC 2125.02 — who may sue, for whose benefit, and the two years it has
A wrongful death action is not the dead person's claim carried on. It is a separate action the chapter creates for the living, and almost everything people get wrong about it follows from that: who files it, who it is for, and how long it lasts are each answered by the chapter rather than by the injured person's own rights.
Who handles this in Ohio: legal aid programs, lawyer referral and the state offices, listed in the Ohio directory.
The wrong has to be one the person could have sued for. Where the death of a person is caused by wrongful act, neglect or default which would have entitled the party injured to maintain an action and recover damages had death not ensued, the person who would have been liable, or that person's executor or administrator, is liable to an action for damages.
The personal representative brings it, and not in their own right. A civil action for wrongful death is brought in the name of the personal representative of the decedent, for the exclusive benefit of the surviving spouse, the children and the parents of the decedent, and for the exclusive benefit of the other next of kin. A grieving spouse or parent does not file it as themselves; the estate's representative files it for them.
Spouse, children and parents are presumed to have suffered damages. The surviving spouse, the children and the parents are all rebuttably presumed to have suffered damages by reason of the wrongful death. Other next of kin are not presumed to and have to show it.
Two years from the death. A civil action for wrongful death is commenced within two years after the decedent's death. It runs from the death, not from the injury and not from the discovery of who was at fault.
In determining the amount of damages, the jury or court may consider all factors existing at the time of the decedent's death that are relevant to a determination of the damages suffered by reason of the wrongful death.
| The question | The chapter's answer |
|---|---|
| The questionWho files | The chapter's answerThe personal representative of the decedent, in that name |
| The questionFor whom | The chapter's answerThe surviving spouse, children, parents, and other next of kin |
| The questionWho is presumed to have suffered damages | The chapter's answerThe spouse, the children and the parents |
| The questionHow long | The chapter's answerTwo years after the decedent's death |
The separate survival action for the decedent's own injuries before death, the categories of damages the chapter names, how a recovery is distributed among beneficiaries, and the exceptions to the two years are not on this page. Whether a particular death gives rise to an action, and who the personal representative is or should be, are questions for a licensed Ohio attorney and the probate court.
Sources for this section (2)
- ORC 2125.01 — Action for wrongful death
- ORC 2125.02 — Who brings a wrongful death action, for whom, and within what time
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.