In Ohio, wrongful death actions are brought by an estate, which makes it essential to have an experienced lawyer who not only specializes in personal injury and wrongful death cases but also understands probate matters. Since a decedent cannot bring a wrongful death case independently, the estate must be opened, processed, and closed on behalf of the next of kin by the attorney managing the case to enable recovery.

The Ohio legislature has codified wrongful death laws in the Ohio Revised Code, which provides two causes of action for an estate in a wrongful death case. The first is a survivorship cause of action for damages sustained by the decedent before their death, such as pain and suffering, funeral costs, and medical expenses. The second is a wrongful death action on behalf of the next of kin, covering the loss of love, companionship, emotional distress, and support from the deceased loved one. In Ohio, the next of kin generally includes the spouse, children, and parents of the decedent.

In one memorable case, the attorney represented the family of an individual who suffered a heart attack. The patient was picked up by an emergency medical service (EMS) team, and during transport, they conducted an EKG that confirmed a heart attack. However, upon arrival at the hospital, the EKG was misplaced, and without it, the emergency room treated the patient for GERD, a condition with symptoms similar to a heart attack. Tragically, the following day, the patient suffered another heart attack and passed away. Despite the patient’s age, the attorney secured a multi-million dollar verdict for the spouse and daughter, who had suffered a profound loss due to the hospital’s oversight.