How Long Does an Ohio Wrongful Death Case Take?

Published February 13, 2024 · For Grieving Families

When a family first sits down with us, the question of time usually comes up early. Sometimes it is asked because bills are piling up. Sometimes it is asked because the family is exhausted and wants to know how long they will have to live with this. Both reasons are completely understandable.

The honest answer is that there is no standard timetable. Some claims resolve within months of the investigation being finished. Others take years, especially if a trial or an appeal is needed. What we can do is explain the stages, the deadlines that set the pace, and the things that tend to speed a case up or slow it down, so that your family knows what to expect.

The stages of a typical case

Most Ohio wrongful death cases move through the same general steps. Our guide chapter on how cases are resolved explains each one in more detail.

1. Opening an estate. Ohio law says a wrongful death case is brought in the name of the personal representative of the person who died. R.C. 2125.02(A). That person (an executor or administrator) is appointed by the probate court. If no estate has been opened yet, this is usually the first step, and it can often be done in a few weeks. Our probate guide walks through opening an estate.
2. Investigation. Before anyone can fairly value a claim, the facts have to be gathered: crash reports, photographs, video, witness statements, medical records, the autopsy report, employment and income records, and the insurance policies that may apply.
3. The claim and early negotiation. Once the facts are known, a claim is presented to the insurers. Some cases resolve here.
4. Filing a lawsuit. If the claim does not resolve, or the deadline is getting close, a complaint is filed in court.
5. Discovery. Each side exchanges documents and takes depositions (sworn, recorded questioning of witnesses). This is often the longest stage.
6. Mediation. Many courts encourage or require a settlement conference with a neutral mediator.
7. Trial, and sometimes appeal. If the case does not settle, a judge or jury decides it. Either side may appeal, which adds more time.
8. Probate approval and distribution. Even after a settlement is reached, it is not final until the probate court approves it. The personal representative may settle only with the consent of the court that appointed him or her. R.C. 2125.02(E). The court then oversees how the money is divided among family members. R.C. 2125.03(A)(1). Our chapter on approving a settlement explains that hearing.

The deadlines that set the pace

Ohio generally requires a wrongful death lawsuit to be filed within two years after the death. R.C. 2125.02(F)(1). There are exceptions, and some types of cases have additional outer limits, so this rule should be checked early for your family's situation. Our guide chapter on deadlines covers the details.

Cases involving medical care deserve special mention. Ohio has a four-year statute of repose for medical claims, meaning a firm outer limit measured from the date of the medical care itself, not from the date of death. R.C. 2305.113(C). Just weeks ago, on December 28, 2023, the Supreme Court of Ohio held in Everhart v. Coshocton County Memorial Hospital, 2023-Ohio-4670, that this four-year limit applies to wrongful death claims based on medical care. If your loved one died after medical treatment that happened some time ago, please do not wait to ask questions.

The two-year deadline is one reason we encourage families not to put off the first conversation. Waiting until the last months can force a lawsuit to be filed before the investigation is complete, which can make the case take longer overall.

What can make a case take longer

Every case is different, but these factors commonly add time:

• A pending criminal case. When a driver or other person is being prosecuted, key evidence may be held by police and prosecutors until the criminal case ends, and defense lawyers may resist depositions while charges are pending. Our chapter on criminal and civil cases explains how the two proceed side by side.
• Several defendants and insurers. Each one has its own lawyers, its own adjusters, and often its own view of who is at fault.
• Medical cases. These usually require review by qualified medical witnesses and careful study of extensive records.
• Government defendants. Cities, counties, and other public bodies often raise immunity defenses, and disputes about immunity can add a separate round of litigation.
• Disputed damages. When the loss of financial support has to be calculated over many years, economists and other witnesses may be needed.
• Children among the beneficiaries. The probate court takes particular care with a minor's share, and it may order that a beneficiary's share be held in trust until age 25. R.C. 2125.03(A)(2).

What can help a case move

Families cannot control the court's calendar, but some things do help:

• Opening the estate promptly, so that someone has legal authority to act.
• Gathering documents early: the death certificate, funeral bills, pay stubs and tax returns, health insurance cards, and any letters from insurers.
• Keeping one point of contact. It helps when the family chooses one person to communicate with the lawyer and pass information along.
• Preserving evidence quickly. Video recordings and vehicle data can be overwritten. The earlier a preservation letter goes out, the less there is to fight about later.
• Agreeing on distribution where possible. When family members can agree on how a recovery should be shared, the probate approval step is usually smoother.

Is a faster settlement always better?

Not always. An early offer may come before anyone knows the full extent of the insurance available or the true size of the family's loss. Once a release is signed and approved, the claim is over. Patience can feel unbearable when you are grieving, but a settlement that reflects the full loss is worth some extra months. At the same time, no family should be kept waiting without explanation. A lawyer who knows your case should be able to tell you where things stand and what the next step is.

Common questions