Survival Action Claims in Ohio

Ohio Survival Actions

Ohio has two forms of compensation for family members who suffered the loss of a loved one due to the negligence of another. These are wrongful death claims and survival actions.

The estate of the deceased (decedent) can pursue either or both. There is, however, a difference between Ohio wrongful death & survival actions, and if you recently experienced an unexpected death of a loved one, it’s important to understand these two legal actions.

The wrongful death and survival action attorneys at Kisling, Nestico & Redick are experienced at helping families obtain rightful compensation in the aftermath of their loss. Let us work with you to determine the best course of action for you and your family.

Call us today at 1-800-HURT-NOW, or contact us to set up a free consultation. There is no obligation, and we only get paid when you recover compensation.

Wrongful Death vs. Survival Claims

A wrongful death claim is designed to compensate the family of the deceased. It is issued by the administrator or executor of the decedent’s estate.

A practical example of a wrongful death claim is:

A man is married and has three children. As he is driving to run an errand one evening, he is tragically involved in a vehicular accident that takes his life.

In this case, the family can file a wrongful death claim to cover their newfound circumstances that include loss of affection and companionship as well as the financial support the victim would have provided had he lived.

The judgment and compensation in such a case may even be split between the wife and children, and possibly the man’s parents, brothers, and sisters.

Survival Actions Are Different

Survival actions differ from wrongful death claims in that they are focused on the decedent.

If a loved one is in an accident and later passes away, unrelated to the accident, their estate can continue pursuing that person’s claim.

Under Ohio Revised Code Section 2305.21, survival actions allow for claims that would have been available to the decedent had they lived. It would be unfair to deny someone from filing a claim because the person passed away.

The deceased person’s injury caused pain and suffering during their life, so their claim becomes an asset of the estate. The administrator or executor of the estate can seek to resolve the claim to seek compensation that would have been available to the decedent had they lived.

If you are dealing with the death of a family member or loved one due to another person’s negligence, it is important to speak with a probate attorney, like the ones at KNR, to review your options.

Who Recovers Survival Actions Damages?

The immediate family members, if the decedent didn’t have a Will, or the beneficiaries under a Will may recover compensation for the suffering, pain, and medical expenses the victim accumulated from the moment of his accident until his passing.

They can recover damages that include:

• Medical expenses
• Lost income
• Pain and suffering

If the victim did not have a will, the distribution would be made through the law of descent and distribution.

Who Can Bring a Survival Action?

The personal representative of the decedent’s estate may file a survival action lawsuit. If no representative has been designated, the successor-in-interest may file the action.

A survival cause of action may be filed if the decedent remained alive for even a short period following the accident that caused their injuries.

Survival actions cover pain, injuries, and losses incurred before death, including any punitive or exemplary damages, as well as penalties that the deceased would have been eligible to recover had they lived.

Survival Action Time Limits

There is a time limit for these claims. The estate’s timeline is the same as the original accident occurrence. So, in Ohio, that means that the statute of limitations in an automobile accident would be two years from the date of the accident.