Ohio law

Wrongful Death Laws in Ohio.

Ohio's wrongful-death statute (Ohio Rev. Code Chapter 2125) permits recovery by the personal representative on behalf of the surviving spouse, children, parents, and other next of kin. Damages include mental anguish and loss of society — NOT SUBJECT to the general noneconomic damages cap (Ohio Rev. Code § 2315.18(B)(3)). A separate survival action under Ohio Rev. Code § 2305.21 permits recovery of pre-death pain and suffering. The 2-year statute of limitations runs from the date of death.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of deathOhio Rev. Code § 2125.02(D)

Wrongful death actions must be filed within 2 years of the date of death.

State law

Key Ohio Statutes

Wrongful Death ActOhio Rev. Code Chapter 2125

Action brought by the personal representative for the exclusive benefit of the surviving spouse, children, parents, and other next of kin. Recoverable damages include loss of support, services, society, companionship, care, assistance, attention, guidance, advice, protection, counsel, consortium, and mental anguish.

Survival ActionOhio Rev. Code § 2305.21

Causes of action survive the death of the plaintiff. Permits recovery of pre-death conscious pain and suffering, medical expenses, and lost earnings between injury and death.

Wrongful Death Exception to Noneconomic CapOhio Rev. Code § 2315.18(B)(3)

The general noneconomic damages cap does NOT apply to wrongful-death or intentional-tort claims.

State law

Official Sources

Ohio Revised Code

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Ohio.

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Wrongful Death Laws in Ohio.

Statute of Limitations

Key Ohio Statutes

Official Sources

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