What Is the Survival Statute in Ohio?

September 12, 2024 | By Colombo Law

An Ohio survival action allows for the recovery of damages after someone passes away due to another’s negligence. Though similar to a wrongful death claim, there are several important differences to understand.

The unexpected loss of a loved one often results in significant financial hardship, the loss of support and companionship, and a great deal of pain. When the cause of death is someone else’s negligence, surviving family members have the right to pursue compensation. Many people don’t realize that additional compensation may also be available for the decedent’s losses.

Obtaining compensation for wrongful death can be a complex process. Pursuing both an Ohio survival action and a wrongful death claim can help maximize recovery, but it is crucial to work with an experienced lawyer.

At Colombo Law, we are dedicated advocates for those who have lost a loved one due to the negligence of another. If you believe you have a wrongful death or survival action claim, contact the wrongful death attorneys at Colombo Law by calling 614-362-7000 today for a FREE case review. Our lawyers serve clients in Columbus and throughout Ohio.

What Is an Ohio Survival Action?

Survival actions are best understood in the context of personal injury claims, which can be filed for a variety of accidents that result in injuries and damages. These include:

If an injury is caused by a negligent party (such as a motorist who was drinking and driving before causing an accident), then the victim would be able to pursue compensation for the damages they sustained as a result of the accident. This includes economic damages such as medical bills, as well as non-economic damages like pain and suffering.

An Ohio survival action comes into play when an accident victim passes away and is unable to pursue and recover compensation for their damages. Instead, a claim may be brought on behalf of the deceased.

According to Section 2305.21 of the Ohio Revised Code:

“In addition to the causes of action which survive at common law, causes of action for mesne profits, or injuries to the person or property, or for deceit or fraud, also shall survive; and such actions may be brought notwithstanding the death of the person entitled or liable thereto.”

In simpler terms: death does not remove the right of an individual’s estate to pursue compensation for damages.

How Is a Survival Action Different from a Wrongful Death Claim?

While survival actions are filed on behalf of the deceased, a wrongful death claim is filed on behalf of surviving family members. These claims are designed to compensate families for the economic and non-economic losses they suffer, including:

Funeral expenses and the cost of burial or cremation
Loss of financial support
Loss of benefits, such as health insurance
Loss of inheritance
Loss of services and support
Loss of companionship
Mental anguish

Generally, the majority of compensation from a settlement or trial award will come from a wrongful death claim because these expenses are usually greater than the losses you would pursue under a survival action. In addition, wrongful death claims generally do not apply to any outstanding debt the deceased’s estate held, meaning the compensation won would be distributed to the family members first.

With survival actions, on the other hand, compensation may be required to pay off debt before being distributed to loved ones.

Who Can Bring a Survival Action?

As with wrongful death claims, survival actions in Ohio must be filed by the decedent’s personal representative. If this individual is not named in a will, they will be appointed by the court. Typically, the personal representative will be one of the following:

The decedent’s surviving spouse
One of the decedent’s children
One of the decedent’s parents

If there is conflict within the family about who should be named the personal representative, the court may decide to appoint an administrator to perform the duties in an unbiased manner.

Ohio Survival Action Damages

While wrongful death claims focus on the damages suffered by the deceased’s loved ones, survival actions focus on the damages of the deceased before passing. This can include both economic and non-economic damages such as:

Lost wages between the time the deceased was injured and passed away
Medical expenses accrued before passing
Pain and suffering experienced between the accident and death

In some cases, punitive damages may also apply. These damages are intended to punish defendants when their negligence is malicious or extreme, such as in the case of drunk driving.

Get Help from Colombo Law Today

Navigating the legal system after a loved one’s passing can be a complicated, frustrating process. Beyond filing the right types of claims for the right damages, you will also be dealing with insurance companies who are trying to pay as little in compensation as possible.

At Colombo Law, we are here to take this burden from your shoulders so you and your family can focus on healing from your loss. We are firm in our commitment to helping surviving family members recover the maximum compensation they deserve after the loss of a loved one, and we are experienced in doing so through both wrongful death claims and survival actions.

If you believe you have a viable claim in Columbus or anywhere in Ohio, our wrongful death lawyers are here to fight for your rights. Contact the wrongful death lawyers at Colombo Law today for FREE.