Wrongful Death Complaint - Ohio

IN THE COURT OF COMMON PLEAS
[COUNTY] COUNTY, OHIO
GENERAL DIVISION

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION
JURY DEMAND ENDORSED HEREON

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. Factual Background
4. Count I – Wrongful Death (Ohio Rev. Code Ann. § 2125.01 et seq.)
5. Count II – Survival Action (Ohio Rev. Code Ann. § 2305.21)
6. Damages Sought
7. Prayer for Relief
8. Jury Demand
9. Verification (if required)
10. Certificate of Service

1. Parties

1.1 Plaintiff [PERSONAL REPRESENTATIVE] (“Plaintiff”) is the duly-appointed Personal Representative of the Estate of [DECEDENT] (“Decedent”), appointed by the Probate Division of this Court in Case No. [___] on [DATE]. This wrongful-death and survival action is brought in the General Division of the Court of Common Pleas, the trial forum for tort litigation; the Probate Division's role is limited to the appointment described above and, later, to approving settlement and distribution of any recovery under Ohio Rev. Code Ann. §§ 2125.02(E) and 2125.03.

1.2 Decedent was, at all relevant times, a resident of [COUNTY] County, Ohio and died on [DATE OF DEATH] as a direct and proximate result of Defendant’s wrongful acts and omissions described herein.

1.3 Pursuant to Ohio Rev. Code Ann. § 2125.02(A), this action is brought in the name of the Plaintiff, as personal representative, for the exclusive benefit of the surviving spouse, children, and parents of Decedent (all rebuttably presumed to have suffered damages), and for the exclusive benefit of Decedent's other next of kin (collectively, “Beneficiaries”), including:
a. [NAME & RELATION] – [e.g., surviving spouse]
b. [NAME & RELATION] – [e.g., minor child]
c. [NAME & RELATION] – [e.g., parent]

1.4 Defendant [DEFENDANT] is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and at all relevant times conducted business and/or committed tortious acts in [COUNTY] County, Ohio.

2. Jurisdiction and Venue

2.1 This Court, sitting in its General Division, has subject-matter jurisdiction under Ohio Rev. Code Ann. § 2305.01 and Ohio Const. art. IV, § 4(B), as this action for wrongful death (Ohio Rev. Code Ann. § 2125.01 et seq.) and survival (Ohio Rev. Code Ann. § 2305.21) seeks damages exceeding this Court's monetary jurisdictional minimum.

2.2 Personal jurisdiction over Defendant exists pursuant to Ohio Rev. Code Ann. § 2307.382 because Defendant:
a. transacted business in Ohio;
b. committed a tortious act causing injury in Ohio; and/or
c. maintains continuous and systematic contacts with Ohio.

2.3 Venue is proper in this Court pursuant to Ohio Civ. R. 3(C)(3) and (C)(6) because [COUNTY] is the county where the cause of action arose and/or where Defendant conducted the activity giving rise to the claim.

3. Factual Background

3.1 On [DATE], at approximately [TIME], Decedent was located at [LOCATION].

3.2 Defendant, acting by and through its agents/employees, negligently, recklessly, and/or willfully [describe conduct—e.g., operated a motor vehicle while intoxicated, manufactured a defective product, failed to secure premises, etc.].

3.3 As a direct and proximate result of Defendant’s conduct, Decedent sustained severe injuries that resulted in Decedent’s death on [DATE].

3.4 At all relevant times, Defendant owed Decedent a duty of reasonable care, breached that duty, and the breach was the factual and legal cause of Decedent’s death.

4. Count I – Wrongful Death (Ohio Rev. Code Ann. § 2125.01 et seq.)

4.1 Plaintiff reincorporates Paragraphs 1.1 through 3.4 as if fully rewritten herein.

4.2 Under Ohio Rev. Code Ann. § 2125.02(A), Defendant is liable for the pecuniary losses and other damages, as authorized by § 2125.02(D), suffered by the Beneficiaries resulting from Decedent’s wrongful death.

4.3 The Beneficiaries have suffered, inter alia, the compensatory damages authorized by Ohio Rev. Code Ann. § 2125.02(D):
a. Loss of support from the reasonably expected earning capacity of Decedent;
b. Loss of services of Decedent;
c. Loss of the society of Decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education;
d. Loss of prospective inheritance to Decedent's heirs at law; and
e. Mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of Decedent.

In addition, pursuant to Ohio Rev. Code Ann. § 2125.02(C)(1), Plaintiff seeks the reasonable funeral and burial expenses incurred as a result of Decedent's wrongful death, to be set forth separately in any verdict or award.

4.4 Defendant’s conduct was accompanied by malice or aggravated or egregious fraud (or Defendant, as principal or master, knowingly authorized, participated in, or ratified conduct of an agent or servant demonstrating the same), justifying an award of punitive damages pursuant to Ohio Rev. Code Ann. § 2315.21(C), subject to the limitations of § 2315.21(D). Punitive damages are not subject to the noneconomic-damages cap of Ohio Rev. Code Ann. § 2315.18, which by its own terms (§ 2315.18(H)(3)) does not apply to wrongful death actions brought under R.C. Chapter 2125.

5. Count II – Survival Action (Ohio Rev. Code Ann. § 2305.21)

5.1 Plaintiff reincorporates Paragraphs 1.1 through 4.4 as if fully rewritten herein.

5.2 Any personal injury claims that accrued to Decedent prior to death survive and may be pursued by the Estate.

5.3 Prior to death, Decedent experienced conscious pain, suffering, and emotional distress for which the Estate is entitled to recover compensatory damages.

6. Damages Sought

Plaintiff, on behalf of the Estate and Beneficiaries, seeks:

1. All compensatory damages permitted under Ohio Rev. Code Ann. § 2125.02(D), including but not limited to those enumerated in Paragraph 4.3, plus reasonable funeral and burial expenses under § 2125.02(C)(1) — none of which is subject to a statutory cap, as wrongful death actions are expressly exempted from the noneconomic-damages limitation of Ohio Rev. Code Ann. § 2315.18 (see § 2315.18(H)(3));
2. Survival damages for Decedent’s pre-death injuries, pain, suffering, and medical expenses pursuant to Ohio Rev. Code Ann. § 2305.21;
3. Punitive damages in an amount to be determined at trial, subject to the limitations of Ohio Rev. Code Ann. § 2315.21(D) (generally capped at twice compensatory damages; if Defendant is an individual or small employer, the lesser of twice compensatory damages or 10% of net worth, up to $350,000);
4. Pre-judgment and post-judgment interest as allowed by law;
5. Reasonable attorney fees and litigation costs where authorized; and
6. All other relief the Court deems just and proper.

7. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of the Estate and Beneficiaries and against Defendant as follows:

A. Compensatory damages in an amount exceeding $25,000, the exact sum to be proven at trial;
B. Punitive damages in an amount sufficient to punish Defendant and deter similar conduct;
C. Costs, expenses, and statutory interest; and
D. All further relief, legal or equitable, to which Plaintiff is entitled.

8. Jury Demand

Pursuant to Ohio Civ. R. 38(B) and Ohio Const. art. I, § 5, Plaintiff hereby demands a trial by jury on all issues so triable.

9. Verification (OPTIONAL / as required by local rule)

I, [PERSONAL REPRESENTATIVE], verify under oath that the factual allegations in this Complaint are true and accurate to the best of my knowledge, information, and belief.

Date: __________________ Signature: _____________________________

10. Certificate of Service

I certify that a copy of the foregoing Complaint was served on [DATE] upon:

[DEFENSE COUNSEL OR DEFENDANT]
[Service Address]
by [method permitted under Ohio Civ. R. 4.1 et seq. – e.g., certified mail, personal service, process server].

__________________________
[PLAINTIFF’S COUNSEL NAME] (Bar No. [____])
[Law Firm Name]
[Address] | [Phone] | [Email]
Counsel for Plaintiff