Compassionate Cincinnati Wrongful Death Lawyers

Last updated on March 31, 2026

In Ohio, car accidents are one of the most common causes of wrongful deaths. According to research from the Ohio Department of Transportation, Ohio saw 1,125 fatalities due to car accidents in 2025. Although this shows a decrease from previous years, it still represents more than 1,000 lives lost on our state’s roadways.

Our wrongful death lawyers help the families and estates of those who have lost loved ones due to negligence, recklessness or intentional harm. We investigate each case to determine who is responsible and build a strong claim for compensation. With more than 200 years of combined legal experience in the Cincinnati area, we understand the emotional weight and legal complexity of these cases.

At Rittgers Rittgers & Nakajima, we work to recover damages for medical bills, funeral expenses, loss of income and the loss of a loved one’s companionship and guidance. Our personal injury attorneys represent clients across Cincinnati and surrounding areas, including Hamilton, Warren and Butler counties.

What Qualifies As A “Wrongful Death” Under Ohio Revised Code § 2125.01?

In Ohio, wrongful death refers to a death caused by a wrongful act, neglect or default. Broadly put, it means when someone dies due to another person’s negligence. This could be from a car accident, medical malpractice or even a workplace accident. If the deceased person would have had the grounds to file a personal injury claim had they survived, then their estate can likely file a wrongful death claim.

Wrongful death actions in Ohio have a burden of proof of a preponderance of evidence. For a successful claim, the plaintiff must prove that the defendant’s actions more likely than not resulted in the decedent’s passing. Four elements must be present:

• The defendant owed the decedent a duty of care.
• The defendant failed to uphold this duty through negligence, a wrongful act or recklessness.
• This breach of duty directly caused the death.
• As a result, there are compensable damages such as funeral expenses.

If someone else’s careless or intentional actions caused your loved one’s death, it might be considered wrongful death. Our attorneys will investigate the cause of the accident and determine who is responsible for causing it.

Common Causes Of Wrongful Death In Ohio

Wrongful death claims can arise out of any personal injury practice areas. Our attorneys can assist in accidental death cases related to any of the following areas:

• Motor vehicle crashes (fatal car, truck, motorcycle and automobile accidents): When negligent operation of a vehicle – for example, speeding or distracted driving – causes death.
• Product liability: Dangerous or defective products that have a design flaw, manufacturing defect, or failure to warn, become lethal hazards.
• Premises liability: If a property owner’s failure to fix known dangers such as broken railings or fire code violations leads to a preventable tragedy.
• Police brutality: A violation of civil rights, especially the use of excessive force, that exceeds what a reasonable officer would deem necessary.
• Intentional tort and assault: Someone’s conscious decision to commit an act of violence or battery leads to a fatality.
• Construction accidents: Typically involve negligent violations of OSHA standards, where a site supervisor or contractor fails to provide a safe workplace.
• Industrial accidents: Systemic safety failures in factories or plants that eventually causes a catastrophic malfunction.
• Nursing home abuse and neglect: Where a facility’s failure to provide basic medical attention, hygiene or supervision allows for fatalities.
• Pharmaceutical and prescription errors: When a manufacturer hides side effects, a doctor prescribes a lethal interaction or a pharmacist dispenses a life-threatening dose.

Proving a wrongful death action can be complex. Our experienced wrongful death lawyers approach these cases with compassion and the confidence that we can help you seek justice for your loved one’s death.

Who Can File A Wrongful Death Lawsuit?

In Ohio, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This person is often named in a will. If no will exists, the probate court may appoint a representative.

While only the representative can file, the claim is made on behalf of surviving family members, including:

• A surviving spouse
• Children (biological or adopted)
• Parents of the deceased
• In some cases, other next of kin

For an Ohio wrongful death claim in Ohio, certain legal documentation is needed, such as a death certificate, proof of financial losses and evidence of negligence or misconduct.

What Is The Deadline For Filing Wrongful Death Suits In Ohio?

Ohio law imposes a two-year statute of limitations for wrongful death lawsuits. This means you must file the claim within two years from the date of death.

Since each case is unique, it is vital to speak with an attorney as soon as possible to protect your rights and begin building your case.

How Can Filing A Lawsuit Help You?

In a wrongful death suit, you will seek financial compensation from the party responsible for the accident or injury. Depending on the facts of the case, that could be a driver, health care professional, property owner, manufacturer or dog owner.

Typically, insurance companies will get involved with a wrongful death claim. Insurance companies are businesses, and, just like any other, they want to make a profit. Paying out compensation to injured or wronged parties reduces their bottom line. They often battle hard to deny or undervalue most injury and death claims.

What Types Of Damages Can I Recover In A Wrongful Death Claim?

Losing someone can take a financial toll on your life. You may lose your spouse’s income or find yourself struggling to pay their hospital bills. A wrongful death action can help cover medical bills, funeral costs and other expenses. It also holds the responsible party accountable in civil court. Examples of common damages may include:

• Economic damages: Economic damages cover the specific, calculable financial losses resulting from the death. These are often proven using bills, receipts and expert testimony regarding future earnings. Examples include:
  • Medical bills: All costs for emergency room visits, surgeries, and life-sustaining treatments provided to your loved one between the time of their injury and their death.
  • Funeral and burial costs: The immediate expenses related to laying a family member to rest, including cemetery plots, services, and cremation or burial fees.
  • Loss of future wages: An estimate of the total income, benefits and retirement contributions the deceased would have earned had they lived a full life.

• Noneconomic damages: Damages that do not have a concrete monetary value. They cover the intangible, human cost of your loss. While harder to put a price tag on, they represent the most profound impacts on a family’s daily life. Noneconomic damages can include:
  • Loss of companionship (consortium): This compensates for the loss of the relationship, love, and emotional support the deceased provided to their spouse and children.
  • Mental anguish: The psychological toll, grief and emotional trauma suffered by the surviving family members following the sudden loss.
  • Loss of guidance: Specifically for children or dependents, this covers the loss of the instruction, training and life advice the parent would have provided.
• Punitive damages: In most cases, wrongful death claims focus on making the family whole. However, punitive damages are different – their purpose is to punish the wrongdoer. In Ohio, punitive damages are rare. To recover them, you must prove the defendant acted with actual malice. This means they either had a conscious disregard for safety that had a great probability of causing substantial harm, or they specifically intended to cause death or injury.

While no amount of money can bring back your loved one, your family deserves to have enough money to cover your related past, present and future losses. It is important to assess and estimate the full value of your claim so that you do not have to worry about lacking funds in the future. They also know how to negotiate with the insurance company for the economic damages you need. If you do not receive an offer for a fair settlement, then our lawyers will take it to court.

Can I Still File A Wrongful Death Claim If My Loved One Was Partially At Fault?

Yes, you can still file a wrongful death claim even if your loved one was partially at fault. Ohio follows a comparative negligence rule. This means that as long as your loved one was less than 51% at fault, you can still seek compensation. However, the amount you receive may be reduced by the percentage of their fault.

For example, if your loved one was 30% at fault, any compensation awarded would be reduced by 30%. It’s important to consult with a personal injury attorney to understand how this may impact your case. A lawyer can help evaluate the circumstances and determine the best course of action. They will work to ensure you receive fair compensation for your loss.

Our Convenient Cincinnati Office Is Easy To Find

We are located just two blocks east of Pearl’s bar and three blocks east of The Precinct by Jeff Ruby. Our building is just to the west of The Carnegie Center of Columbia Tusculum on Eastern Avenue. The main entrance is on the first floor and on the east side of the building, which faces The Carnegie Center. We have 17 surface parking spaces surrounding the building for easy parking and access.

Cincinnati Office

3734 Eastern Avenue
Cincinnati, OH 45226

Consult A Cincinnati Wrongful Death Attorney For Free

Our attorneys are caring and straight-talking. They will take the time to make certain that you are informed about all your options. At the outset, they will make you aware of all possible outcomes in your case. You will be able to rest assured knowing that they are striving to protect what is in the best interests of you and your family. You can schedule your free appointment by calling 513-496-0134 or send us an email.