Ohio Wrongful Death Settlement Calculator
R.C. §2125.02 — brought by the personal representative for the exclusive benefit of the surviving spouse, children, and parents. Two-year deadline from the date of death. No statutory cap on attorney contingency fees.
What does Ohio law say about deadlines and legal fees in a wrongful death case? A claim generally must be filed within two years of the death. Ohio does not cap what an attorney can charge on contingency in a wrongful death case — the fee only has to be reasonable under the state's professional conduct rules.
⚖ R.C. §2125.02(F)(1): claim must be commenced within 2 years of the decedent's death. No statutory cap on attorney contingency fees — reasonableness standard only.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Ohio Wrongful Death: Who Can Sue, the Deadline, and Attorney Fees
Under Ohio Rev. Code §2125.02(A)(1), a wrongful death claim is brought in the name of the decedent's personal representative, for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent. Ohio law rebuttably presumes that the spouse, children, and parents have suffered damages by reason of the death — they do not have to separately prove that a loss occurred. The claim is also for the exclusive benefit of the decedent's other next of kin. One express exclusion: a parent who abandoned the decedent as a minor child is not entitled to a benefit from the recovery.
The general filing deadline is two years after the date of death (R.C. §2125.02(F)(1), as codified following House Bill 279, 134th General Assembly). The statute cross-references a separate exception in division (D)(2) of the same section. Wrongful death claims arising out of a product-liability cause of action follow their own extended and adjusted deadlines under division (F)(2) — this can include an outer limit of up to ten years tied to the date the product was delivered, subject to various carve-backs. If a death may involve a defective product, the applicable deadline can differ from the general two-year rule and should be checked against the specific facts.
Ohio has no statutory cap on the contingency fee an attorney may charge in a wrongful death case. The only limit is the reasonableness standard set out in Ohio Prof.Cond.R. 1.5(a). A separate statute, R.C. §4705.15(B) and (C), is sometimes cited as if it capped fees — it does not. That section applies to all tort claims generally and only requires a written fee contract and a closing statement at the end of the case; it sets no percentage limit. Any figure describing an Ohio wrongful death fee cap should be treated as a reasonableness benchmark under Rule 1.5, not a legal ceiling on what a family can be charged.
Ohio Wrongful Death FAQs
Who can file a wrongful death claim in Ohio?
The personal representative of the decedent's estate files the claim, for the exclusive benefit of the surviving spouse, children, and parents (R.C. §2125.02(A)(1)). These three groups are rebuttably presumed to have suffered damages. The claim is also for the exclusive benefit of the decedent's other next of kin.
How long do I have to file a wrongful death lawsuit in Ohio?
Generally two years from the date of death (R.C. §2125.02(F)(1)). The statute cross-references a separate exception in division (D)(2), and claims involving a product-liability cause of action follow a different, extended timeline under division (F)(2).
Does the deadline change if the death was caused by a defective product?
Yes. Wrongful death claims based on a product-liability cause of action have their own adjusted deadlines under R.C. §2125.02(F)(2), which can extend the window — including an outer limit of up to ten years tied to the product's delivery date, subject to carve-backs. This differs from the general two-year rule and depends on the specific facts.
Is there a cap on what an attorney can charge on contingency in Ohio?
No. Ohio has no statutory percentage cap on contingency fees in wrongful death cases. The fee is governed instead by the reasonableness standard in Ohio Prof.Cond.R. 1.5(a).
What does Ohio Rev. Code §4705.15 actually require?
It applies to all tort claims generally, not specifically to wrongful death, and it does not set a fee cap. It requires the fee agreement to be in writing and requires a closing statement when the case concludes.
Can a parent who abandoned the child still receive part of the recovery?
No. Ohio law expressly excludes a parent who abandoned the decedent as a minor child from receiving any benefit in a wrongful death recovery (R.C. §2125.02(A)(1)).
Are there exceptions to the two-year filing deadline?
The statute itself cross-references an exception in division (D)(2) of R.C. §2125.02, separate from the product-liability timeline in division (F)(2). Because the exact scope of that exception depends on the circumstances of the case, it should be checked against the specific facts rather than assumed.
Does the two-year deadline mean I should wait to talk to someone?
No. The two-year period is the outer limit to file, not a recommended waiting period. Evidence, witness recollection, and records tend to be easier to gather earlier, and — as with the product-liability exception above — the applicable deadline can vary by case.
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Wrongful Death Calculators by State
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Other Calculators for Ohio
Each Ohio calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Ohio verdict data where available.