Beachwood, Ohio personal injury attorney Jeffrey A. Leikin talks about who can sue for wrongful death in Ohio. In Ohio, wrongful death actions must be initiated by an estate, making it crucial to work with a lawyer who is well-versed not only in personal injury and wrongful death law but also in probate matters. Since a decedent cannot bring a wrongful death case on their own, the estate must be opened, processed, and closed by the attorney representing the next of kin to pursue recovery.

Ohio’s wrongful death laws, outlined in the Ohio Revised Code, grant two causes of action for an estate in these cases. The first is a survivorship action, which seeks damages for suffering endured by the decedent prior to death, including pain and suffering, funeral costs, and medical expenses. The second action is a wrongful death claim for the next of kin, addressing the loss of love, companionship, emotional distress, and support resulting from the loved one’s death. In Ohio, the next of kin generally includes the decedent’s spouse, children, and parents.

In a notable case, the attorney represented the family of a heart attack victim. The patient was transported by an emergency medical service (EMS) team, which conducted an EKG confirming a heart attack. However, upon arrival, the hospital misplaced the EKG, and without it, the emergency room treated the patient for GERD, a condition that can mimic heart attack symptoms. Tragically, the patient suffered a fatal heart attack the following morning. Despite the patient’s age, the attorney achieved a multi-million dollar verdict for the spouse and daughter, who had experienced a significant loss due to the hospital’s oversight.