What Makes a Wrongful Death Claim Different from Other Injury Cases?
Losing a loved one because of someone else’s negligence is one of the hardest experiences a family can endure. While personal injury cases focus on the harm suffered by an individual, wrongful death claims seek justice for the family left behind. These cases have distinct legal elements, damages, and procedures that set them apart from other injury claims.
Are you looking for representation in a wrongful death case? You shouldn’t parse through the emotions and jargon alone. Here at Stachler Harmon Attorneys at Law, located in Dayton, Ohio, we offer years of experience to our clients. To begin learning about your wrongful death claim, it’s first important to start with the very basics.
Legal Basis for a Wrongful Death Claim: A Unique Cause of Action
Wrongful death claims arise when a person dies due to another party’s wrongful act, negligence, or misconduct. In Ohio, these cases are governed by Ohio Revised Code Section 2125.01, which allows surviving family members to seek compensation for their losses.
Unlike a standard personal injury claim where the injured person files for damages, wrongful death lawsuits are brought by the personal representative of the deceased’s estate. The damages sought are intended to benefit the surviving family members rather than the person who suffered the harm.
To establish a wrongful death case, there are four key elements that must be proven. They include:
Duty of care: The defendant had a legal responsibility to act in a way that prevented harm.
Breach of duty: The defendant failed to uphold that duty.
Causation: The breach of duty directly caused the death.
Damages: The death resulted in measurable losses for the surviving family members.
While these elements may seem similar to those in a personal injury case, the nature of the claim changes because the injured person is no longer alive to pursue legal action.
Who Can File a Wrongful Death Claim in Ohio?
Ohio law specifies that only the personal representative of the deceased’s estate can file a wrongful death claim. This representative acts on behalf of the surviving beneficiaries, who typically include:
The surviving spouse
Children (including biological and legally adopted children)
Parents of the deceased
Other dependents or family members who relied financially on the deceased
Unlike some states where distant relatives may bring a claim, Ohio law restricts wrongful death claims to immediate family members or those with direct financial dependence on the deceased.
Key Differences Between Wrongful Death and Personal Injury Cases
It’s important to know that wrongful death cases stand apart from other injury claims in several significant ways. That means that they have to be handled differently from other cases as well. Here are a few of the unique factors to take into account with wrongful death claims:
The Injured Party Can’t File the Claim
In personal injury cases, the person who was harmed files the claim. They describe their suffering, provide medical records, and explain how their injuries have affected their life. In a wrongful death case, the deceased can no longer advocate for themselves, so their family or estate must pursue legal action on their behalf.
The Damages Are Different
Wrongful death claims seek compensation for losses suffered by surviving family members rather than the deceased individual’s pain and suffering. In Ohio, these damages can include:
Loss of financial support: Compensation for the income the deceased would have provided
Loss of companionship: The emotional impact of losing a loved one
Loss of parental guidance: For children left without a parent
Medical expenses: Bills related to the deceased’s final medical treatment
Funeral and burial costs: The financial burden of laying a loved one to rest
In contrast, personal injury claims typically focus on medical expenses, lost wages, and the injured person's pain and suffering.
The Statute of Limitations
Under Ohio Revised Code Section 2125.02, wrongful death claims must be filed within two years of the date of death. This differs from personal injury claims, which often have a two-year statute of limitations from the date of injury, not death. The distinction is critical because delays in filing can result in a case being dismissed.
The Burden of Proof
Both personal injury and wrongful death cases require plaintiffs to prove negligence or misconduct. However, wrongful death claims can sometimes be more challenging since the primary witness—the deceased—can’t testify. This means evidence must come from:
Witness statements
Medical records
Expert testimony
Accident reports
Surveillance footage or other documentation
Without direct testimony from the victim, building a strong case requires careful investigation and legal knowledge.
Situations That Lead to Wrongful Death Cases
Wrongful death claims can stem from a variety of incidents, including:
Car accidents: Fatal crashes caused by reckless or negligent drivers
Medical malpractice: A doctor’s mistake or failure to diagnose a condition
Workplace accidents: Fatal injuries in hazardous work environments
Defective products: Faulty machinery, unsafe drugs, or defective consumer goods
Criminal acts: Homicide or violence leading to death
Not every fatality results in a wrongful death claim. The key factor is whether another party’s negligence or misconduct caused the death.
What Families Should Know Before Filing a Claim
If a loved one has died due to negligence, families should be prepared for the legal process. While every case is unique, wrongful death claims generally follow these steps:
Consulting an attorney: Legal guidance helps families understand their rights and options.
Investigating the death: Gathering medical records, police reports, and witness statements.
Filing the lawsuit: The personal representative officially submits the claim.
Negotiating a settlement: Many cases resolve through negotiations before trial.
Going to court: If no settlement is reached, the case may proceed to trial.
An experienced legal firm can help families handle these steps while they focus on grieving and recovery.
How We Support Families Seeking Justice
Wrongful death claims differ from personal injury cases in many ways, from who can file the lawsuit to the types of damages awarded. These cases require strong evidence, thorough investigation, and a legal firm that understands Ohio’s wrongful death laws.
Here at Stachler Harmon Attorneys at Law, our firm has spent years fighting for families who have lost loved ones due to negligence. We know that no amount of money can replace someone’s life, but holding responsible parties accountable can provide financial relief and a sense of justice.
Unlike standard injury claims, wrongful death cases involve a different set of legal rules and emotional challenges. Families deserve compassionate representation that prioritizes their needs and fights for maximum compensation.
We take the burden off grieving families by handling the legal challenges, building a strong case, and negotiating with insurance companies. Don’t get lost behind emotions or in the legal jargon when your rights are under attack. When necessary, we are prepared to take a case to trial to seek full justice for those left behind.
Contact Us Today
If your family has lost a loved one due to negligence, legal action may help ease financial burdens and hold the responsible party accountable. No one should have to face this process alone, and experienced legal guidance from Stachler Harmon Attorneys at Law can make all the difference.
We’re proud to serve Greene County, Clark County, Butler County, and Preble County here in Ohio. Contact us to schedule an appointment.