The First Weeks After a Sudden Death

The first weeks after a sudden death are a blur for most families. There are arrangements to make, relatives to call, and a house that suddenly feels different. Legal questions may be the last thing you want to think about, and for the most part they can wait. This chapter is about the few things that cannot wait as long, because they protect your family's options later.

Please read this chapter as a checklist to return to, not a list to finish this week. If another family member or a trusted friend can take on some of these tasks, let them.

Death certificates

You will need certified copies of the death certificate for many purposes: the funeral home, life insurance, banks, Social Security, the probate court, and eventually any claim. The funeral director usually orders the first copies. Ask for more than you think you need; having extras saves repeated requests later.

Read the certificate carefully when it arrives. The cause and manner of death listed on it can matter. If something looks wrong or incomplete, or if it says the cause is "pending," make a note. Certificates can be amended when final findings come in, and a lawyer can help you understand what the listed cause means for a claim.

The coroner and the autopsy

Ohio requires that the coroner be notified when a person dies by violent means or casualty, in a suspicious or unusual manner, or suddenly while in apparent good health (R.C. 313.12). That covers most crash deaths, workplace deaths, and many deaths that happen unexpectedly in a hospital or care facility. The coroner decides whether an autopsy is needed.

An autopsy can feel like one more intrusion, and families sometimes have religious or personal objections. Those feelings deserve respect, and if you have concerns, tell the coroner's office right away. It may also help to know that an autopsy is often the single most important piece of evidence about what caused a death, especially when a hospital, a nursing home, or a product is involved. Once burial or cremation happens, the chance to learn certain things is gone.

The coroner's records are available to the family. Under R.C. 313.10(C), the coroner must provide a full and complete copy of the coroner's records to the next of kin who requests it in writing. The statute lists who may ask, beginning with the surviving spouse. Insurers can also obtain these records (R.C. 313.10(E)), so it is reasonable for your family, or your lawyer, to have them too.

When I served as a Dayton police officer and sergeant, I saw how much depends on what is documented in the first hours and days after a death. Reports, photographs, and autopsy findings become the foundation that everything else is built on.

Opening an estate

Ohio requires that a wrongful death claim be brought by the personal representative of the estate (R.C. 2125.02(A)). That person, called an executor if named in a will or an administrator if appointed without one, is appointed by the probate court. Many families need to open an estate even when their loved one owned little or no property, simply so someone has legal authority to act.

You do not need to open the estate in the first days. But appointment gives someone the authority to request records, send preservation letters, and deal with insurers on the estate's behalf. Our probate guide explains how to open an estate, and the next chapter explains who can bring a claim and who it protects.

Gather records while they are easy to find

You do not need to analyze anything. Just collect and keep copies in one place:

• The crash report or police report, and the name of the investigating officer and agency.
• The names and contact information of witnesses, first responders, or anyone who called to share what they saw.
• Hospital and medical paperwork, discharge papers, and bills.
• Pay stubs, recent tax returns, and benefits information for your loved one.
• Insurance cards and policies: auto, health, life, homeowner's, and any umbrella policy.
• Text messages, emails, voicemails, and social media posts that relate to what happened. Do not delete anything.

Keep a simple log of dates, names, and calls. Memories blur quickly under grief.

Preserve the evidence before it disappears

Some evidence has a short life, and the people who control it may not keep it unless asked.

• Vehicles. After a crash, insurers often move quickly to declare a vehicle a total loss and sell it at auction. The vehicle, and the event data recorder inside it, can show speed, braking, and seat belt use. Ask that it be held and not sold or repaired until it can be inspected.
• Video. Surveillance cameras at businesses and homes, traffic cameras, and dashcams are often overwritten within days or weeks.
• Products. If a product was involved (a car seat, a helmet, a tool, a medical device, a space heater), keep it exactly as it is. Do not try to fix it, return it, or throw it away.
• Phones and clothing. Your loved one's phone, clothing, and personal effects may hold information. Store them safely.
• Medical and facility records. Hospitals and nursing homes keep records, but early requests reduce the chance of gaps.

A lawyer can send formal preservation letters to the people and companies that hold evidence, which puts them on notice that it must be kept.

Dealing with insurance companies

You may hear from an insurance adjuster quickly, sometimes before the funeral. Adjusters may be polite and sympathetic. It is still important to remember whom they work for.

• You do not have to give a recorded statement to the other side's insurer. A statement given in shock can be used later to argue about fault.
• Do not sign releases or broad medical authorizations without advice. A blanket authorization can give the insurer access to years of unrelated records.
• Be cautious about early offers. A quick offer is usually made before anyone knows the full value of the loss or how much insurance exists. In Ohio, a wrongful death claim cannot be settled without the consent of the probate court that appointed the personal representative (R.C. 2125.02(E)).
• Your own insurance matters too. Your family's own auto policy may include uninsured or underinsured motorist coverage. Our chapter on insurance coverage explains the kinds of policies that may apply.

A simple, polite answer works: "Thank you. We are not ready to discuss this. Please send anything in writing."

If there is a criminal investigation

When a death involves a crime, such as a drunk driver or an assault, the police and prosecutor will investigate. Cooperate with law enforcement, and ask the victim advocate in the prosecutor's office how you will be kept informed. The criminal case and your family's civil claim are separate, and you do not have to wait for the criminal case to end before getting advice about the civil claim. Our chapter on criminal and civil cases explains how they relate.

Social media and conversations

Well-meaning friends will post tributes, theories, and photographs. Insurers and defense lawyers read social media. Consider asking family members not to post about how the death happened, and keep your own posts to remembrance. Avoid discussing fault with anyone connected to the other side.

Take care of yourselves

Everything above can be shared, delegated, or set aside for a few days. Your health, and the well-being of children in the family, come first. Our chapter on caring for your family includes resources for grief and for helping children through loss.

Common questions