How to File a Wrongful Death Claim in Columbus

October 6, 2025 | By Colombo Law

The loss of a loved one in an accident is tragic and overwhelming. Grief can make day-to-day life extremely difficult, and the thought of taking legal action unbearable. Colombo Law can file a wrongful death claim in Columbus on your behalf and provide you with support and guidance in this trying time.

Our Columbus wrongful death lawyers have extensive experience representing families who have lost loved ones through the negligence of others. We offer a combination of in-depth legal knowledge and personalized advocacy. These traits are essential in sensitive, high-stakes cases.

Call Colombo Law at 614-362-7000 today for a FREE case evaluation. We handle wrongful death claims for clients in Columbus, throughout Franklin, Delaware, and Fairfield counties, and all of Ohio.

Filing a Wrongful Death Action in Columbus

Ohio has specific rules for seeking compensation through a wrongful death claim. What follows is a basic overview of who can take legal action and the steps involved.

If you need assistance, we recommend consulting a wrongful death attorney in Columbus. Skilled representation can minimize difficulties and increase the likelihood of a favorable outcome.

1. Appointment of the Personal Representative

Before wrongful death proceedings can begin, a personal representative for the estate must be appointed. The personal representative may have been named in the decedent’s will, in which case they are sometimes known as the executor of the estate. If not, the probate court will need to appoint a personal representative (also known as an administrator).

2. Collecting Evidence

Strong evidence is essential for proving that your loved one died due to the defendant’s negligence. This may include:

• Witness statements
• Photos and video footage
• Copies of incident reports
• Medical records
• Autopsy reports
• Expert witness testimony

The goal when collecting evidence is to establish liability on the part of the defendant. A skilled lawyer can obtain multiple types of evidence on your behalf based on the specific circumstances. For example, truck accident claims require more specialized evidence than “standard” auto crash cases.

3. Filing the Lawsuit

Once the personal representative is in place and the grounds for a claim are established, the personal representative has the right to file a lawsuit for wrongful death. A complaint will need to be filed with the appropriate court. The complaint includes key details such as a summary of the case, allegations of fault against the defendant, and the damages being sought.

The Court of Common Pleas in the county where the incident that led to your loved one’s death occurred typically has jurisdiction in wrongful death matters. If your loved one died as a result of negligence in Columbus, the wrongful death claim would need to be filed with one of the following courts:

• Franklin County Court of Common Pleas
• Delaware County Common Pleas Court
• Fairfield County Common Pleas Court

4. Serving the Defendant

Upon acceptance of the complaint, the court will issue a summons. This is the official notice that a claim has been made against the defendant. It is then the responsibility of the plaintiff (or, in most cases, the plaintiff’s attorney) to ensure that the defendant receives the complaint and summons. This may be achieved via certified mail, delivery by a process server, or the local sheriff’s office.

5. Defendant’s Response

After being served, the defendant has the opportunity to respond to the lawsuit. They might make a preliminary settlement offer or deny responsibility.

What comes next varies from case to case. Most cases are settled before trial through negotiations, but some do end up going to court. No matter what happens, it is beneficial to have an experienced attorney handling your wrongful death claim in Columbus.

Who Can File a Wrongful Death Claim in Columbus, Ohio?

In the section above, we mentioned that wrongful death actions in Ohio must be brought by the decedent’s personal representative. This requirement is set by Ohio Revised Code § 2125.02. But who can be a personal representative?

More often than not, the personal representative is someone the decedent trusted in life. This could be a relative (such as a spouse, adult child, sibling, parent, etc.), or it could be somebody unrelated to the deceased. What matters is that this individual is officially appointed to represent the estate, whether in the decedent’s will or by the probate court.

Personal representatives must file wrongful death claims exclusively for the benefit of the deceased’s surviving spouse, children, and parents. Other next of kin may also be entitled to damages if they can establish their right to compensation.

Who Is Entitled to Compensation for Wrongful Death?

The decedent’s spouse, children, and parents are presumed to have a claim for wrongful death damages under Ohio law. Damages that may be recovered include:

• Funeral and burial expenses
• Loss of support from expected earnings
• The economic value of household services
• Loss of society, companionship, consortium, etc.
• Mental anguish of surviving family members
• Any medical expenses prior to death

If a settlement is reached or the court awards compensation to the family, the personal representative will need to submit a request for the probate court to approve the distribution of proceeds. Once the application is approved, the funds can be distributed to the surviving spouse, children, parents, and any other beneficiaries.

Other next of kin (such as siblings, grandparents, cousins, etc.) are automatically considered “interested persons” if the case is settled or resolved at trial within 2 years of the decedent’s death. If the application is filed after 2 years, only the spouse, children, and parents are automatically considered interested persons. Other next of kin can preserve their interest and maintain the right to seek damages by filing a notice of claim with the probate court within that 2-year period.

Timeline for Wrongful Death Claims

In Columbus and all of Ohio, a civil action for wrongful death must be initiated within 2 years of the decedent’s death. There are some exceptions to the statute of limitations, but most claims are subject to this 2-year time limit.

Once the claim is filed, the court will set a trial date. This may be months or even years in the future. During that time, both sides will likely try to negotiate a settlement. A Columbus wrongful death lawyer can handle negotiations on your behalf, as well as the discovery process and any other aspects of preparing for trial.

It takes time to resolve a wrongful death case. Patience is key for personal representatives and beneficiaries alike. Frequent updates from an attorney can help reduce uncertainty and indicate how your claim is progressing.

Get Help with a Columbus Wrongful Death Claim

From car and truck accidents to incidents on dangerous properties and more, there are many potential causes of wrongful death. Surviving family members may be entitled to just compensation for their terrible loss, but the process can be daunting and stressful.

Colombo Law can help with all aspects of a wrongful death claim in Columbus. We have extensive experience navigating Ohio’s legal procedures and dutifully meet all filing and court deadlines. Our team prepares every case as though it will go to trial, ensuring that we are prepared to represent you effectively in settlement negotiations and in court.

For a FREE case review, contact Colombo Law online or by phone at 614-362-7000. Our wrongful death attorneys serve clients in Columbus, Westerville, New Albany, Dublin, and throughout Ohio.