A Columbus wrongful death attorney represents families whose loved one was killed by another party’s negligence. Michael D. Christensen Law Offices LLC helps Ohio families pursue compensation for funeral costs, lost financial support, and loss of companionship under Ohio Revised Code Chapter 2125.
No legal case is harder to live through than the one that follows the sudden, preventable death of a spouse, parent, or child. You are grieving. You are sorting through bills, paperwork, and questions no one prepared you for. And somewhere behind the scenes, the at-fault driver, hospital, employer, or insurance company is already protecting itself.
You should not have to fight that fight alone. Michael D. Christensen Law Offices LLC handles Ohio wrongful death claims with the seriousness, evidence-driven preparation, and personal care these cases require — so your family can grieve while we protect your future.
What Is a Wrongful Death Claim in Ohio?
A wrongful death claim is a civil lawsuit filed when a person dies because of another party’s negligence, recklessness, or intentional act. The legal foundation is Ohio Revised Code § 2125.01, which permits a claim whenever the death was caused by a “wrongful act, neglect, or default” that would have allowed the injured person to bring a personal injury lawsuit if they had lived.
Translated to everyday terms: if your loved one could have sued for their injuries had they survived, your family can almost certainly sue for their death.
A wrongful death claim is separate from any criminal case the state may bring against the responsible party. The criminal case can result in jail time and fines paid to the state. Only a civil wrongful death claim can recover money for your family.
Who Can File a Wrongful Death Lawsuit in Ohio?
Under Ohio Revised Code § 2125.02, only one person can file a wrongful death lawsuit in Ohio: the personal representative of the decedent’s estate. That is usually the executor named in the will or, if there is no will, an administrator appointed by the probate court.
Even though one person files the claim, the lawsuit is brought “for the exclusive benefit” of the decedent’s family members. Ohio law presumes that the following beneficiaries suffered damages:
- Surviving spouse
- Surviving children (including adopted children)
- Surviving parents
- Other next of kin (siblings, grandparents, etc.), who must prove their loss
If no personal representative has been appointed yet, the Franklin County Probate Court can appoint one. We help families open the estate and complete the appointment quickly so the wrongful death claim is not delayed by procedural gaps.
Common Causes of Wrongful Death Cases We Handle in Columbus
Almost any kind of preventable fatal accident can support a wrongful death claim. The Columbus cases we most often see include:
Fatal Motor Vehicle Crashes
- Fatal car accidents on I-70, I-71, I-270, SR-315, and city streets.
- Truck and semi accidents involving commercial carriers.
- Motorcycle crashes where a driver failed to see a rider.
- Pedestrian and bicycle fatalities — especially in Short North, OSU campus, and Downtown.
- Rideshare and delivery driver crashes.
- Drunk-driving and OVI-related fatalities.
Workplace Fatalities
Construction falls, industrial machinery, trench collapses, fatal electrocutions, and toxic exposure can support both an Ohio workers’ compensation death benefit and a separate wrongful death claim against any non-employer at fault (subcontractors, equipment manufacturers, property owners). Pursuing both is often the only way to recover what your family actually needs.
Medical Malpractice and Hospital Errors
Misdiagnosis, surgical mistakes, medication errors, birth injuries, anesthesia errors, and failure to monitor can all cause fatal harm. These cases are highly technical and require early expert review.
Nursing Home Neglect and Abuse
Preventable falls, pressure ulcers, choking, dehydration, medication errors, and elopement deaths in Columbus-area long-term care facilities.
Defective Products
Auto defects, dangerous medications, faulty industrial equipment, and unsafe consumer products can support a wrongful death and product liability claim against the manufacturer.
Premises Liability and Other Causes
- Fatal slip-and-fall and stairway falls on dangerous property.
- Apartment, hotel, and parking-lot security failures (negligent security).
- Drowning at unsafe pools or unsecured water hazards.
- Fires caused by negligent property maintenance.
- Intentional acts (assault, homicide) — a civil wrongful death claim can proceed alongside or after a criminal case.
What Damages Can a Family Recover in an Ohio Wrongful Death Case?
Ohio Revised Code § 2125.02(B) sets out the categories of damages a jury may award in a wrongful death case. They fall into two broad groups: economic (measurable financial losses) and non-economic (the human losses that are no less real). Available damages include:
- Loss of financial support that the decedent would reasonably have provided to the family.
- Loss of services the decedent performed — childcare, household work, family management.
- Loss of society, companionship, comfort, consortium, and guidance — the emotional center of most wrongful death awards.
- Loss of prospective inheritance the decedent would likely have left to family members.
- Mental anguish of surviving spouse, children, parents, and next of kin.
- Reasonable funeral and burial expenses.
Ohio also allows a separate survival action under ORC § 2305.21 for losses the decedent personally suffered between the moment of injury and the moment of death — including conscious pain and suffering, lost wages during that period, and medical bills. We typically file the survival action and the wrongful death action together to capture everything Ohio law allows.
Are Wrongful Death Damages Capped in Ohio?
No — and this is the single most important point most online articles get wrong. Ohio’s tort reform damage caps in ORC § 2315.18 apply to ordinary personal injury cases. They do not apply to wrongful death claims brought under Chapter 2125. That means an Ohio jury can award the full value of a family’s loss in a wrongful death case, without an arbitrary statutory ceiling on non-economic damages.
Punitive damages are subject to a separate cap under ORC § 2315.21 (generally two times compensatory damages), and medical malpractice wrongful death claims have their own rules. We walk every family through exactly what applies to their case.
Ohio’s Wrongful Death Statute of Limitations
Wrongful death claims in Ohio must generally be filed within two years from the date of death — not the date of the underlying accident or injury. The deadline is set by ORC § 2125.02(D). Miss this window and the right to recover is almost always permanently lost.
Important exceptions and complications:
- Medical malpractice wrongful death claims may be affected by Ohio’s medical malpractice statute of repose.
- Claims against a city, county, state, or other public entity often require formal written notice within shorter deadlines (sometimes 90 to 180 days).
- Federal claims (such as those against a federal employee or federal property) have their own short notice deadlines under the Federal Tort Claims Act.
- A survival action under ORC § 2305.21 has its own one-year limitations period in many circumstances.
Because these traps can quietly destroy a meritorious case, call a wrongful death attorney as soon as possible — even if you are not yet ready to commit to filing.
How a Columbus Wrongful Death Lawsuit Works, Step by Step
1. Free, Confidential Consultation
We listen first. There is no cost, no obligation, and no pressure. We explain your rights, answer your questions, and tell you honestly whether we believe you have a case.
2. Open the Estate and Appoint a Personal Representative
Because only a personal representative can file the wrongful death claim, our first formal step is often coordinating with the Franklin County Probate Court to open the estate and complete the appointment, if it has not already been done.
3. Investigation and Evidence Preservation
We gather police reports, 911 audio, medical records, surveillance video, employment records, accident reconstruction data, and witness statements. We send legal preservation letters so evidence cannot be quietly destroyed.
4. Expert Review
Depending on the case, we retain accident reconstructionists, medical experts, vocational economists, life-care planners, and forensic specialists to fully document what was lost.
5. Insurance Claim and Pre-Suit Demand
We submit a detailed demand to every responsible insurer. Most wrongful death cases settle before trial — but only when the demand is backed by trial-ready evidence and credible counsel.
6. Filing a Lawsuit
If a fair settlement is not offered, we file the lawsuit in the Franklin County Court of Common Pleas (or the appropriate federal or out-of-county venue) and pursue discovery, depositions, and motions through trial.
7. Court Approval of the Settlement
Ohio requires the probate court to approve a wrongful death settlement and the distribution of proceeds among beneficiaries. We handle this entire process for the family.
8. Distribution to Beneficiaries
Under ORC § 2125.03, settlement and verdict proceeds are distributed to the beneficiaries in proportion to their loss, as determined by the probate court. Wrongful death proceeds are generally not part of the decedent’s probate estate and are not used to pay general creditors.
How Insurance Companies Approach Wrongful Death Cases
Insurers know wrongful death cases are worth more than ordinary injury claims, and they treat them accordingly. Common defense tactics we see:
- Reaching out to grieving families with a fast, low settlement offer before an attorney is involved.
- Asking surviving family members to give a “quick statement” that can later be twisted against them.
- Disputing the value of “loss of consortium” or claiming the family is fine without the decedent’s income.
- Blaming the decedent for the accident under Ohio’s comparative negligence rules.
- Hiding behind corporate, government, or contractor layers to delay accountability.
Do not give a recorded statement, sign anything, or accept any payment before talking to a Columbus wrongful death attorney. Anything you say can and will be used to reduce your family’s recovery.
Comparative Negligence: When the Defense Blames Your Loved One
Ohio follows a modified comparative negligence rule under ORC § 2315.33. A wrongful death recovery is reduced by the decedent’s share of fault, and is barred entirely only if the decedent was more than 50% at fault. Defense lawyers routinely try to push fault onto the decedent because the decedent cannot speak for themselves. Our job is to rebuild what happened from the evidence and refuse to let them rewrite it.
How Long Does a Columbus Wrongful Death Case Take?
Honest answer: it varies. Straightforward cases with clear liability and adequate insurance can resolve in months. Complex cases involving multiple defendants, medical malpractice, or product liability typically take one to three years. We move every case as quickly as the facts allow, but we will not rush a settlement that shortchanges your family.
Why Choose Michael D. Christensen Law Offices LLC for Your Wrongful Death Case
Choosing a wrongful death lawyer is choosing the person who will speak for your family — and for the loved one who can no longer speak for themselves. Learn more about Attorney Mike Christensen and how our firm advocates for Ohio families.
- Decades of Ohio personal injury and wrongful death experience.
- No fee unless we win. We handle wrongful death cases on a contingency fee — your family pays nothing upfront and nothing unless we recover.
- Direct attorney access. You talk to your attorney, not a call center.
- Bilingual representation. Hablamos español. Atendemos a las familias hispanas en Columbus y todo el centro de Ohio.
- Probate-coordinated. We handle the personal representative appointment and probate court approvals so families do not have to juggle multiple firms.
- Trial ready. We prepare every case as if it will go to trial, which is how we get serious settlements.
- We move at the pace your family can handle, and we explain every step in plain English.
Honor Your Loved One. Hold the Responsible Party Accountable.
Nothing brings back the person you lost. A wrongful death lawsuit cannot do that, and we will never pretend otherwise. What it can do is hold the responsible party accountable, secure your family’s financial future, and force changes that prevent the next family from going through the same nightmare.
Talk to a Columbus Wrongful Death Attorney Today
Call 614-300-5000 (local) or 866-866-8058 (toll-free) for a free, confidential case review. You can also contact our team online and we will respond promptly. There is no fee unless we recover compensation for your family.
Columbus Wrongful Death & Lawyer FAQs
Who Can File a Wrongful Death Lawsuit in Ohio?
Only the personal representative of the decedent’s estate can file a wrongful death lawsuit in Ohio under ORC § 2125.02. The lawsuit is brought for the benefit of the surviving spouse, children, parents, and other next of kin. If no personal representative has been appointed, the probate court can appoint one quickly so the case can move forward.
How Long Do I Have to File a Wrongful Death Claim in Ohio?
Two years from the date of death under ORC § 2125.02(D). Some claims have shorter deadlines — including those against city, county, or state government and federal entities. Medical malpractice deaths may also be affected by Ohio’s statute of repose. Contact a Columbus wrongful death attorney immediately to identify every deadline that applies.
Are Wrongful Death Damages Taxable in Ohio?
Generally no. Compensatory wrongful death damages are typically excluded from federal income tax under IRC § 104(a)(2) because they compensate for personal physical injury or death. Interest on the award and any punitive damages may be taxable. Always consult a CPA, and let your attorney know about settlement structure so it can be drafted favorably.
Can I Sue for Wrongful Death if There is Also a Criminal Case?
Yes. The civil wrongful death case and the criminal case are separate. The criminal case punishes the defendant on behalf of the state; only the civil case compensates your family. You can file the wrongful death lawsuit without waiting for the criminal case to end, and a not-guilty verdict does not bar your civil claim.
What is the Difference Between a Wrongful Death and a Survival Action in Ohio?
A wrongful death claim under ORC § 2125 compensates the family for losses caused by the death itself. A survival action under ORC § 2305.21 compensates the estate for losses the decedent personally suffered before dying — conscious pain and suffering, medical bills, and lost wages. We almost always file both together to maximize recovery.
What if My Loved One Did Not Have a Will?
You can still pursue a wrongful death claim. The Franklin County Probate Court will appoint an administrator (the equivalent of an executor for someone who died without a will) to act as personal representative. We routinely help families open the estate, complete the appointment, and start the wrongful death investigation in parallel.
How Much Does a Columbus Wrongful Death Attorney Cost?
Nothing upfront. Michael D. Christensen Law Offices LLC handles wrongful death cases on a contingency-fee basis. You pay no attorney fees, no investigation costs, and no expert fees unless we recover compensation for your family. The initial consultation is always free, completely confidential, and carries no obligation.
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