Wrongful Death Attorney in Dayton, Ohio
When Negligence Takes a Loved One, Your Family Deserves Answers, Accountability, and Security
Compassionate Guidance Through the Hardest Time in Your Life
No lawsuit can undo the loss of a husband, wife, parent, or child. But when a death was caused by someone else's carelessness — a distracted driver on I-75, a speeding truck, a dangerous property, or a defective product — Ohio law gives your family the right to hold the responsible party accountable and to recover the financial security your loved one would have provided.
For more than 30 years, Terry W. Posey has represented grieving families throughout Dayton and Montgomery County. We handle the legal fight — the investigation, the insurance companies, the court filings — so your family can focus on each other.
How Ohio Wrongful Death Claims Work
Under Ohio Revised Code Chapter 2125, a wrongful death claim is filed by the personal representative of your loved one's estate — often a spouse or adult child appointed by the probate court — for the benefit of the surviving family. Ohio law presumes that the surviving spouse, children, and parents have been damaged by the death; other next of kin may recover as well.
A separate survival claim can be brought alongside the wrongful death claim to recover for the pain, suffering, and medical expenses your loved one experienced between the injury and their death.
What Your Family Can Recover
- Loss of financial support your loved one would have earned
- Loss of services — everything they did for the household
- Loss of society, companionship, care, and guidance
- Loss of prospective inheritance
- The mental anguish suffered by surviving family members
- Funeral and burial expenses
The Two-Year Deadline — and Why Sooner Is Better
Ohio generally allows two years from the date of death to file a wrongful death lawsuit. But these cases take time to build properly: an estate must be opened in probate court, evidence gathered before it disappears, and experts retained to prove both fault and the full lifetime value of your family's loss. Dayton-area cases proceed in the Montgomery County Court of Common Pleas, with estate matters handled in the Montgomery County Probate Court — both courts where Terry Posey has practiced for three decades.
Fatal Accidents We Handle
- Car, truck, and motorcycle crashes
- Pedestrian and bicycle fatalities
- Drunk and impaired driving deaths
- Dangerous property conditions
- Defective products
- Workplace fatalities caused by third parties
Related pages: Car Accidents · Truck Accidents · Motorcycle Accidents · All Personal Injury Services
Wrongful Death FAQs
The personal representative of the estate files the claim, but it belongs to the family — the surviving spouse, children, parents, and other next of kin. We help families through the probate appointment process as part of the case.
Generally two years from the date of death. Building the case properly takes months, so please don't wait until the deadline is close.
Lost financial support, lost services, loss of companionship and guidance, prospective inheritance, the family's mental anguish, and funeral expenses — plus, through a survival claim, your loved one's own pre-death pain, suffering, and medical bills.
The probate court approves both the settlement and its distribution among family members. We guide the family through that process and work to keep it fair and free of conflict.
Let Us Carry the Legal Burden for Your Family
Speak with a Dayton wrongful death attorney in a free, confidential consultation. We will listen, explain your family's rights, and give you an honest assessment — with no obligation.