IN THE COURT OF COMMON PLEAS
[COUNTY] COUNTY, OHIO
[PERSONAL REPRESENTATIVE’S FULL LEGAL NAME], in the capacity of Personal Representative of the Estate of [DECEDENT’S FULL LEGAL NAME], on behalf of the Estate and the statutorily-eligible wrongful-death beneficiaries,
Plaintiff,
v.
[DEFENDANT’S FULL LEGAL NAME],
Defendant.
Case No.: [_]
Judge: [_]
COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION
JURY DEMAND ENDORSED HEREON
[// GUIDANCE: Insert any required local rule certifications or civil cover sheet references immediately after the caption.]
TABLE OF CONTENTS
- Parties
- Jurisdiction and Venue
- Factual Background
- Count I – Wrongful Death (Ohio Rev. Code Ann. § 2125.01 et seq.)
- Count II – Survival Action (Ohio Rev. Code Ann. § 2305.21)
- Damages Sought
- Prayer for Relief
- Jury Demand
- Verification (if required)
- 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].
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)(1), the following next-of-kin and beneficiaries are entitled to share in any recovery (collectively, “Beneficiaries”):
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 has subject-matter jurisdiction under Ohio Rev. Code Ann. § 2125.02 and Ohio Const. art. IV, § 4(B), as this action seeks damages for wrongful death and survival claims exceeding this Court’s monetary jurisdictional minimum.
2.2 Personal jurisdiction over Defendant exists 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(B)(3) and (6) because [COUNTY] is the county where the cause of action arose and/or where Defendant resides or has its principal place of business.
[// GUIDANCE: Tailor venue sub-paragraphs to match the facts and Ohio Civ. R. 3(B).]
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.
[// GUIDANCE: Insert all factual allegations necessary to satisfy Ohio Civ. R. 8(A). Use separate numbered paragraphs for clarity.]
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)(1), Defendant is liable for the pecuniary losses and other damages suffered by the Beneficiaries resulting from Decedent’s wrongful death.
4.3 The Beneficiaries have suffered, inter alia:
a. Loss of support from the reasonably expected earning capacity of Decedent;
b. Loss of services, society, companionship, care, assistance, and consortium;
c. Mental anguish;
d. Loss of prospective inheritance; and
e. Funeral, burial, and other death-related expenses, including the reasonable cost of administering Decedent’s Estate.
4.4 Defendant’s conduct was accompanied by willful, wanton, or reckless indifference justifying an award of punitive damages pursuant to Ohio Rev. Code Ann. §§ 2125.02(D) & 2315.21(C).
[// GUIDANCE: Only allege punitive damages where facts support “actual malice” under Ohio law.]
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(B), including but not limited to those enumerated in Paragraph 4.3;
2. Survival damages for Decedent’s pre-death injuries, pain, suffering, and medical expenses;
3. Punitive damages in an amount to be determined at trial (subject to the statutory caps of Ohio Rev. Code Ann. § 2315.21, if applicable);
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.
[// GUIDANCE: Ohio’s general non-economic damage caps under § 2315.18 do not apply to wrongful-death claims; reference caps only for punitive damages.]
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: ________
[// GUIDANCE: Omit or adjust verification language if not required in the filing county.]
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
[// GUIDANCE:
1. Include any mandatory affidavits (e.g., medical malpractice affidavit of merit) if applicable to the underlying tort.
2. Confirm local rule requirements for formatting, font size, page limits, and electronic filing.
3. Review Ohio Sup. R. 45 for personal identifier redaction prior to filing.
4. If settlement is contemplated, consider attaching an alternative dispute resolution statement per local practice.
]