When a fatal accident in Massillon is caused by someone else's negligence, Ohio law provides surviving family members with the right to pursue a wrongful death claim. The Henry Law Firm handles these deeply personal and legally complex cases with compassion, experience, and fierce advocacy.
The Responsible Party's Insurer Is Already Working to Limit Liability
Insurers in wrongful death cases move aggressively to limit their exposure. They know the stakes are high and the emotional pain makes victims vulnerable to accepting inadequate settlements. The Henry Law Firm stands as a counterweight — representing your family's interests with the same aggression the insurer brings.
What is Wrongful Death Under Ohio Law?
Under Ohio Revised Code § 2125.01, a wrongful death claim can be filed when a person's death is caused by a wrongful act, neglect, or default. The personal representative of the deceased person's estate files the lawsuit on behalf of the surviving family members (beneficiaries).
Common Causes of Wrongful Death
- Motor vehicle accidents — car, truck, and motorcycle collisions
- Medical malpractice — surgical errors, misdiagnosis, medication errors
- Workplace accidents — construction falls, industrial accidents
- Defective products — dangerous consumer products and medications
- Nursing home abuse and neglect
- Premises liability — unsafe property conditions
- Criminal acts — assault, DUI-related deaths
Ohio Wrongful Death Statute of Limitations
In Ohio, the statute of limitations for wrongful death claims is two years from the date of death (Ohio Revised Code § 2125.02). Acting quickly is crucial to preserving evidence and meeting legal deadlines.
Compensation Available in Wrongful Death Cases
- Loss of support — the income and benefits the deceased would have provided
- Loss of services — household contributions, parenting, companionship
- Loss of companionship — the emotional impact on surviving family
- Mental anguish of surviving family members
- Funeral and burial expenses
- Medical expenses incurred before death
Under Ohio Revised Code § 2125.02, a wrongful death action must be filed by the personal representative of the decedent's estate, for the benefit of the surviving spouse, children, and parents. The Henry Law Firm assists families with both the wrongful death claim and any related probate matters.
Compassionate, Results-Oriented Representation
The Henry Law Firm handles wrongful death cases with the sensitivity these tragedies demand — and the tenacity that results require. Eric Henry personally handles every wrongful death case, ensuring your family receives both compassion and the strongest possible legal advocacy.
Your Attorney: Eric Henry
Your case is handled personally by Eric Henry, not delegated to staff. With 15+ years of Ohio personal injury experience and $50M+ recovered, The Henry Law Firm has the depth and tenacity to take on insurance companies and win.
Eric and his team proudly serve residents of Massillon and Stark County from offices in Chagrin Falls and Cleveland.
What Our Clients Say
"Clear, professional, always responsive, kept us apprised of activity at every step. They championed fairness and confidence in how they represented us after the accident." — Martin S., Google Review
"I had been stuck in a battle with insurance companies for a month. Eric was the only one who was able to move things along and help me settle the claim. Highly recommend!" — Emily C., Google Review
Frequently Asked Questions
Who can file a wrongful death lawsuit in Ohio?
Under Ohio law, only the personal representative (executor or administrator) of the deceased person's estate can file a wrongful death claim. The claim is filed on behalf of the surviving beneficiaries, which typically include the spouse, children, and parents of the deceased.
What compensation is available in a Massillon wrongful death case?
Beneficiaries may recover loss of financial support, loss of services (household contributions, parenting), loss of companionship, mental anguish, funeral and burial expenses, and medical expenses incurred before death. Ohio does not cap economic damages in wrongful death cases.
How long do I have to file a wrongful death claim?
The statute of limitations is two years from the date of death (Ohio Revised Code § 2125.02). Do not delay — evidence can be lost and witnesses' memories fade over time.
Other Practice Areas in Massillon
The Henry Law Firm handles a full range of personal injury cases for Massillon residents. Explore our other practice areas:
Car Accident Lawyer
Truck Accident Lawyer
Motorcycle Accident Lawyer
Medical Malpractice Lawyer
Nursing Home Abuse Lawyer
Slip and Fall Lawyer
Premises Liability Lawyer
Bicycle Accident Lawyer
Serving Massillon from Our Ohio Offices
The Henry Law Firm serves Massillon and all of Stark County from two convenient locations:
- 8401 Chagrin Road, Suite 18, Chagrin Falls, OH 44023
- 850 Euclid Ave, Suite 1012, Cleveland, OH 44114
We offer free consultations by phone, video, or in person. If your injuries prevent you from traveling, we can come to you anywhere in Stark County. Call (216) 302-9500 to schedule.
Lost a Loved One in Massillon? The Henry Law Firm Is Here for Your Family.
We handle wrongful death cases throughout Stark County and all of Ohio. Free consultation. No fee unless we win. Call (216) 302-9500.
Content reviewed by Eric Henry, Esq. — Last updated April 2026.
