Beachwood, Ohio personal injury attorney Jeffrey A. Leikin talks about who can sue for wrongful death in Ohio. He mentions that wrongful death actions in Ohio must be brought by the decedent’s estate, which is why it is essential to have an attorney experienced not only in personal injury and wrongful death law but also in probate matters. Because a decedent cannot pursue a wrongful death claim personally, the estate must be properly opened, managed, and closed by the lawyer handling the case to ensure recovery for the family.

He notes that Ohio law, codified in the Ohio Revised Code, provides two distinct causes of action in wrongful death cases. The first is a survivorship claim, which covers damages the decedent sustained before death, including pain and suffering, medical expenses, and funeral costs. The second is a wrongful death claim on behalf of the next of kin, addressing the emotional distress, loss of love and companionship, and other non-economic damages. In Ohio, next of kin typically includes the spouse, children, and parents of the decedent.

He recalls a case in which he represented the family of a patient who suffered a heart attack and was transported by EMS to the hospital. Although EMS performed an EKG confirming the heart attack, the hospital lost the results and mistakenly treated the patient for GERD, a condition that can mimic heart attack symptoms. Tragically, the patient suffered another heart attack the following morning and passed away. Drawing on his extensive experience, he was able to secure a multi-million-dollar verdict for the surviving spouse and daughter, ensuring they received just compensation for their loss.