Wrongful Death: Ohio vs. Michigan

In Ohio, wrongful death claims are governed by Ohio Revised Code § 2125. A wrongful death action can be brought by the personal representative of the deceased's estate on behalf of the surviving family members or dependents. Ohio law stipulates that damages can include loss of support, loss of companionship, and funeral expenses. Importantly, a wrongful death claim must be filed within two years of the date of death unless specific exceptions apply, such as in cases involving a minor child or when the death was concealed.

Michigan's approach, governed by MCL 600.2922, allows for a wrongful death claim to be initiated by the personal representative of the deceased's estate. Similar to Ohio, damages in Michigan can cover loss of society and companionship, economic support, and incurred medical or funeral expenses. Michigan law also has a statutory framework that allows for damages to be distributed among surviving family members, but it specifically allows claims for non-economic damages such as grief and sorrow, which can vary widely in calculation. The statute of limitations for filing a wrongful death claim in Michigan is also three years from the date of death.