Examining Ohio Law: Wrongful Death Statutes

Ohio Revised Code Section 2125, entitled "Action for Wrongful Death" states:

When 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 if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances which make it aggravated murder, murder, or manslaughter. When the action is against such administrator or executor, the damages recovered shall be a valid claim against the estate of such deceased person. No action for the wrongful death of a person may be maintained against the owner or lessee of the real property upon which the death occurred if the cause of the death was the violent unprovoked act of a party other than the owner, lessee, or a person under the control of the owner or lessee, unless the acts or omissions of the owner, lessee, or person under the control of the owner or lessee constitute gross negligence.

This means that, in Ohio, a wrongful death claim can be brought against anyone who, through recklessness, carelessness, negligence or lack of skill, causes the fatality of another. Wrongful death can be the result of many types of circumstances, including drunk driving or reckless driving, medical malpractice (such as through surgical error or misdiagnosis of an illness), defective machinery or products, premises liability, or improper supervision.

Losing a loved one is arguably the most difficult thing that a family can be made to endure. It can leave a family in emotional and financial ruin. Many families become even more emotionally overwhelmed upon finding that their loved one's death may have been prevented, such as in cases of car accidents, motorcycle accidents, or truck accidents in which another driver was at fault.

It is important that legal action is taken to provide your family with a stable future and emotional closure. If you, your family or friends have lost a loved one to the negligence of another, you may need legal representation. The attorneys of DiCaudo, Pitchford & Yoder, have over 20 years of experience aggressively pursuing the interest of their clients. If you have questions regarding Ohio's tort laws, contact an experienced Personal Injury Attorney today.