Toledo Wrongful Death Lawyer

Ohio wrongful death law allows a civil claim when a victim’s death results from another party’s wrongful act, neglect, or default under circumstances where the victim could have brought a personal injury claim if they had lived.

Under the Ohio wrongful death statute, the lawsuit is filed in the name of the personal representative of the deceased person, not individually by a grieving spouse or relative.

The personal representative is typically the executor named in the deceased individual’s will, or an administrator appointed when there is no will, through the probate process.

The claim is brought for the benefit of the spouse, children, and parents (who are presumed to be damaged), and it may also be brought for the benefit of other family members who qualify as “other next of kin.”

The case must be filed in the appropriate court and within the required time limit, or the right to pursue justice can be lost even when liability is clear.

If the death followed an accident, early steps matter because evidence and insurance positions often harden quickly after the date of loss.

Who can file and when (under Ohio law):

• Only the personal representative can file the wrongful death lawsuit, and the personal representative is appointed through probate (often as executor under a will, or as an administrator if there is no will).
• The lawsuit is filed for the benefit of the surviving spouse, children, and parents, and potentially other next of kin (other family members) depending on the circumstances.
• The claim must be filed within the statutory deadline measured from the relevant date of death; if the deadline passes, the claim can be barred.

In practice, this means families often need to address probate appointment issues early so the correct person has authority to act.

Even when a spouse is the primary survivor, the lawsuit still proceeds through the personal representative rather than in the spouse’s individual name.

The court process also addresses how any recovery is allocated among eligible beneficiaries, which can include other family members depending on the facts.

A lawyer can guide the family through these requirements while keeping the case focused on accountability, proof, and damages tied to the loss.

Wrongful Death vs. Criminal Cases

A wrongful death case is a civil lawsuit filed by the estate’s personal representative to seek financial damages after a death caused by another party’s negligence or wrongful conduct.

A criminal case is brought by the government and focuses on punishment, public safety, and whether the accused violated criminal law.

The burden of proof is different: criminal cases require proof beyond a reasonable doubt, while wrongful death claims are typically decided under a preponderance of the evidence standard.

A criminal prosecution may result in jail, probation, or fines paid to the state, while a wrongful death case seeks compensation for the losses suffered by surviving family members.

The two processes can happen at the same time, and a criminal case is not required before a civil claim can move forward.

A lack of criminal charges does not prevent a wrongful death lawsuit if the evidence supports civil liability.

Evidence from a criminal investigation can sometimes help a wrongful death case, but the civil claim still requires its own proof and damages analysis.

Zoll & Kranz focuses the wrongful death case on documentation, liability, and damages while keeping the process respectful and grounded in the facts.

Wrongful Death vs. Survival Claims

In Ohio, a wrongful death claim focuses on the losses suffered by surviving beneficiaries after a fatal incident, while a survivorship claim focuses on the losses the deceased person could have recovered if they had lived.

Ohio’s survival statute allows certain personal injury claims to survive the person’s death and be pursued by the estate.

By contrast, Ohio’s wrongful death law allows the personal representative to pursue damages on behalf of the beneficiaries for the harm caused by the death itself.

This distinction matters because a close family member may be affected in different ways than the estate, and the damages can be treated differently depending on the claim type.

If you want to discuss which claims apply to your situation and what you may deserve, Zoll & Kranz can provide assistance by reviewing the incident details and the available evidence.

• Wrongful death claim: Seeks damages for the survivors’ losses (for example, loss of support and loss of companionship), and it can include reasonable funeral and burial costs under Ohio law.
• Survivorship claim: Seeks damages tied to the decedent’s own injuries and losses before death (such as pain and suffering, medical expenses, and property-related harms), pursued through the estate under Ohio’s survival statute.

Ohio Wrongful Death Laws You Should Know

Ohio wrongful death law sets strict rules for who may sue, what must be proven against the defendant, and what damages may be recovered.

The statute of limitations can cut off a family’s claim if the case is not filed on time, even when liability appears clear.

These laws are designed to provide a structured path to economic damages and other recovery while also giving defendants defined legal protection from stale claims.

Applicable Ohio laws and legal rules:

• Ohio Rev. Code § 2125.02 (Wrongful death statute, including limitations and damages): Governs wrongful death actions and sets key procedural rules, including timing requirements and the framework for damages.
• Ohio Rev. Code § 2125.01 (Wrongful death definition): Defines wrongful death as death caused by the wrongful act, neglect, or default of another.
• Ohio Rev. Code § 2305.10 (Two-year statute of limitations for bodily injury claims): Establishes the general two-year limitations period relevant to many personal injury claims.
• Ohio Rev. Code § 2315.33 (Modified comparative negligence): Reduces recoverable damages based on the plaintiff’s percentage of fault and can bar recovery above the statutory threshold.
• Ohio Rev. Code § 2315.18 (Non-economic damages caps framework): Addresses compensatory damages limits and related definitions used in injury litigation contexts.

These rules affect how quickly a case must be evaluated, how evidence is developed, and how damages are calculated and presented.

They also shape how fault is argued when the defense claims shared responsibility.

A wrongful death lawyer applies these statutes to the facts of the case and positions the claim with documentation that supports both liability and damages.

Wrongful death claims often grow out of preventable incidents that are already tracked in public safety and health data.

Nationally, the CDC reports 222,698 deaths from unintentional injuries in 2023, with 43,273 motor vehicle traffic deaths included in that total, numbers that show how frequently fatal accidents still occur.

Ohio’s own fatal-crash reporting reflects a similar reality at the state level, with the Ohio State Highway Patrol documenting 1,242 traffic fatalities in 2023 and 1,157 in 2024.

In Lucas County, OSHP’s fatal crash mapping shows 51 fatal traffic crashes in 2023, compared with 38 in 2022 and 53 in 2021, reinforcing that fatal roadway events remain a real local risk.

Many wrongful death cases in Toledo come from traffic deaths, but fatal negligence is not limited to the road.

Medical mistakes, unsafe property conditions, and long-term neglect can also lead to preventable loss.

When a death is linked to negligence, families may have legal options to pursue accountability and compensation through a wrongful death claim.

Common causes of wrongful death cases include:

• Car, truck, and motorcycle crashes caused by negligent driving or unsafe commercial operations
• Pedestrian and bicycle fatalities involving roadway design issues or driver inattention
• Medical negligence and fatal medication or surgical errors
• Nursing home neglect, dehydration/malnutrition, falls, or untreated infections
• Dangerous property conditions, including falls, inadequate security, or hazardous premises
• Defective products that fail in ways that cause fatal injuries

The loss of a loved one through negligence is overwhelming, and many families find themselves trying to grieve while also facing sudden legal and financial pressure.

Decisions may feel urgent even though the emotional impact of the loss makes it difficult to focus on details.

Insurance companies and other parties may reach out quickly, often before families understand their rights or options.

The process can feel confusing, especially when questions about responsibility and next steps remain unanswered.

Families are not expected to have immediate clarity during this time, and it is normal to feel unsure about how to proceed.

Taking measured steps can help protect both the family’s interests and the integrity of any potential legal claim.

Steps families should consider taking include:

1. Allow space to address immediate needs, including funeral arrangements and family support.
2. Obtain official records related to the death, such as the death certificate and incident or accident reports.
3. Preserve any available evidence, including photographs, communications, medical records, and personal items related to the incident.
4. Avoid detailed discussions with insurance companies or signing documents before understanding the legal implications.
5. Identify who may serve as the personal representative of the estate under Ohio law.
6. Keep records of expenses and financial impacts related to the death.
7. Speak with a wrongful death attorney to understand legal options, deadlines, and next steps.

Proving Liability in a Toledo Wrongful Death Case

In Ohio, a wrongful death case requires proof that the death was caused by a wrongful act, neglect, or default that would have allowed the person to bring a personal injury claim if they had survived.

Practically, that means the claim is built on negligence principles: showing the defendant owed a duty of care, breached that duty, and the breach directly and proximately caused the fatal harm.

Evidence must connect the event to the outcome, which often involves records, timelines, and expert analysis rather than assumptions about what “must have” happened.

In medical negligence cases, medical professionals and qualified experts are often needed to explain the standard of care, what went wrong, and how the error caused the death.

The defense may also argue shared fault, so the case must be supported with documentation strong enough to withstand comparative fault arguments.

A wrongful death lawyer builds liability by identifying every responsible party, preserving key records, and presenting a clear causation narrative supported by admissible evidence.

A wrongful death lawyer helps families understand the process, protect deadlines, and build a claim based on evidence rather than insurer assumptions.

Filing a wrongful death lawsuit in Ohio is often complicated and may require gathering evidence to prove the cause of death and establish damages, especially when liability is disputed.

Many wrongful death claims resolve through settlement before a trial becomes necessary, but settlement value often depends on how thoroughly the case is prepared and documented.

Complex wrongful death cases may require access to a network of experts and resources for effective representation, including medical and economic specialists who can explain causation and loss.

Most wrongful death lawyers, including Zoll & Kranz, handle cases on a contingency basis, meaning they are paid only if they secure compensation for their clients.

This structure allows families to pursue legal action without upfront attorney’s fees while the case is pending.

Steps in the legal process typically include:

1. Initial consultation and case review to confirm eligibility, deadlines, and potential claims.
2. Probate and appointment of a personal representative to obtain legal authority to file the case on behalf of beneficiaries.
3. Early investigation and evidence preservation, including records requests, preservation letters, and witness development.
4. Expert review when needed to establish cause of death, standard of care issues, and economic loss.
5. Damages analysis covering economic loss and non-economic harm to eligible beneficiaries.
6. Claim presentation and settlement negotiations with the insurer or defendant’s counsel.
7. Filing a lawsuit if negotiations fail, liability is denied, or the deadline is approaching.
8. Discovery and depositions, including document exchanges, sworn testimony, and expert disclosures.
9. Mediation or settlement conferences to attempt resolution before trial.
10. Trial preparation and trial if the defendant refuses a fair resolution.

Damages Available in an Ohio Wrongful Death Claim

Damages in an Ohio wrongful death case are meant to address the real losses a family suffers after a preventable death, both financial and personal.

A lawyer assesses damages by documenting the deceased person’s income history, household contributions, and the economic support the family lost going forward.

Financial compensation can replace lost income and inheritance, pay for the cost of future living expenses, and provide peace of mind when families are forced into sudden instability.

Non-economic harm is also central in these cases, including grief, loss of companionship, and mental anguish tied to the death.

Where the facts support it, survivorship claims may also be pursued through the estate because survivorship claims seek compensation for the conscious pain and suffering experienced by the deceased before their death.

The damages picture must be built with evidence and, when needed, expert support so the claim reflects both immediate costs and long-term loss.

Common damages in Ohio wrongful death matters can include:

• Funeral and burial expenses
• Loss of financial support and future income the deceased would have provided
• Loss of services the deceased provided to the household
• Loss of companionship, care, guidance, and consortium
• Mental anguish and emotional suffering of surviving family members
• Loss of prospective inheritance
• Medical expenses related to the final injury or illness (when applicable)
• Survivorship damages through the estate, including conscious pain and suffering before death (when supported by the evidence)

The money recovered in a wrongful death case is allocated to specific beneficiaries designated under Ohio’s wrongful death statute rather than distributed informally.

Courts may play a role in approving allocations when necessary, especially when multiple beneficiaries are involved or circumstances are disputed.

Because the damages categories can overlap between estate and beneficiary claims, careful case framing matters from the beginning.

A wrongful death lawyer builds the damages record with documentation strong enough to support maximum compensation in negotiation or trial.

Zoll & Kranz helps families pursue compensation after the loss of a loved one due to negligence by building the case around records, expert review, and a clear liability theory.

Our lawyers offer a supportive environment and demonstrate empathy during consultations so families can discuss what happened without feeling rushed.

Because wrongful death law is procedural and evidence-heavy, it is advisable to choose legal counsel with specific, successful experience in wrongful death claims and a track record of outcomes in similar cases.

Families can also use objective checks when selecting counsel.

For example, the Toledo Bar Association’s Lawyer Referral & Information Service requires participating attorneys to be in good standing with the Ohio Supreme Court and provide proof of professional liability insurance.

Key parts of our wrongful death investigation include:

• Preserving and obtaining records tied to the death (incident reports, medical records, and any available video or digital evidence)
• Identifying all potentially responsible parties and clarifying each party’s role in the events leading to the loss
• Working with qualified experts when needed, including medical personnel, accident reconstructionists, and financial analysts to prove liability and damages
• Documenting economic losses and building support for non-economic damages based on the family’s circumstances
• Managing insurer communication and settlement negotiations so families are not pressured into early decisions

Why Choose Zoll & Kranz as Your Toledo Wrongful Death Lawyer

Zoll & Kranz brings a litigation-first approach to wrongful death cases, backed by our firm’s history handling high-stakes injury matters and building claims around evidence and accountability.

We are a closely knit team with multiple litigation attorneys and several full-time support staff, which matters in wrongful death cases where records, deadlines, and expert coordination can move quickly.

Our firm’s guiding principles (integrity, intelligence, passion, sincerity, and ambition) translates into careful case preparation and direct, respectful communication with families.

Our work is centered on helping people who have suffered serious harm or loss due to negligence, and wrongful death cases demand that same focus with even higher stakes.

When families contact our office, we invite them to schedule a consultation so they can discuss what happened and understand their legal options without guessing at the process.

If a wrongful death claim requires litigation, we prepare the case with the structure and resources needed to push back when insurers and defense teams try to control the narrative.

Losing a loved one because of negligence changes every part of a family’s life, and the legal questions that follow often arrive before there has been time to grieve.

Zoll & Kranz represents families in Toledo with a careful, evidence-driven approach that respects the gravity of the loss while addressing accountability and financial stability.

Our attorneys investigate the circumstances of the death, manage communication with insurers and opposing parties, and build claims that reflect both economic loss and the personal impact on surviving family members.

Throughout the process, we focus on clarity, dignity, and thorough preparation.

If you have recently lost a loved one and need guidance on your legal options, contact Zoll & Kranz to schedule a free consultation with a Toledo wrongful death attorney.

You can also use the chat feature on this page for a free case evaluation and to get in touch with our legal team.