Does a Wrongful Death Claim Cover Funeral Costs in Ohio?

Funeral and burial expenses can add financial stress at an already difficult time. In Ohio, those costs may be included in a wrongful death claim when they are reasonable and were incurred because of the death. State law treats those expenses separately from the damages awarded to surviving family members and directs any recovery for them to the decedent’s personal representative for payment or reimbursement.

That means a family member who paid some or all of the funeral costs out of pocket may be able to be reimbursed through the wrongful death case. A wrongful death lawyer can explain how those expenses are documented, who files the claim, and what other damages may be available under Ohio law.

Key Takeaways: Funeral Costs in an Ohio Wrongful Death Claim

Reasonable funeral and burial expenses may be recovered. Ohio law expressly allows these expenses to be included in a wrongful death award when they were incurred because of the wrongful death.
Funeral expenses are treated separately from beneficiary damages. Ohio law requires the amount awarded for reasonable funeral and burial expenses to be separately identified.
The personal representative brings the wrongful death action. Individual family members generally do not file separate wrongful death claims on their own.
A family member who paid the funeral bill may potentially be reimbursed. Ohio law directs recovered funeral and burial expenses to the personal representative for payment or reimbursement of those expenses.
Other damages may also be available. Depending on the circumstances, surviving family members may seek compensation for losses such as financial support, services, companionship, prospective inheritance, and mental anguish.
Ohio wrongful death actions generally must be filed within two years after death. Certain exceptions and special rules may affect the applicable deadline.

Can Funeral Costs Be Recovered in an Ohio Wrongful Death Claim?

Yes. Under Ohio Revised Code § 2125.02, a jury—or the court when there is no jury—may award reasonable funeral and burial expenses incurred as a result of the wrongful death.

Ohio law also requires the amount awarded for those expenses to be stated separately from damages awarded for the losses suffered by surviving beneficiaries.

This distinction matters because funeral and burial expenses are handled differently from other wrongful death damages. Under Ohio Revised Code § 2125.03, the amount recovered for funeral and burial expenses is distributed to the personal representative of the decedent for payment or reimbursement of those costs.

In other words, funeral expenses can be part of an Ohio wrongful death case, but they are not simply added to the damages distributed among surviving family members.

What Funeral and Burial Expenses May Qualify?

Ohio law does not provide a detailed list of every funeral-related charge that qualifies for reimbursement. Instead, it permits recovery of reasonable funeral and burial expenses resulting from the wrongful death.

Depending on the circumstances, potentially recoverable costs may include:

Funeral home and professional service fees
Preparation and embalming expenses
Casket or cremation expenses
Transportation of the deceased
Cemetery plots and burial vaults
Headstones or grave markers
Certain funeral or memorial service expenses

Whether a particular charge is recoverable can depend on whether it qualifies as a reasonable funeral or burial expense under the circumstances.

Receipts, invoices, funeral-home contracts, canceled checks, credit-card records, and similar documentation can help establish the nature and amount of the expenses being claimed. Families should preserve itemized records whenever possible, including documentation showing who paid each expense.

For more information about the types of financial losses that may arise after a wrongful death, see our discussion of economic damages in an Ohio wrongful death claim.

What If a Family Member Already Paid the Funeral Bill?

A surviving relative may pay funeral or burial expenses before a personal representative has been appointed or before a wrongful death claim is resolved.

That does not necessarily prevent reimbursement later.

Ohio Revised Code § 2125.03 provides that funeral and burial expenses recovered through a wrongful death judgment or settlement are paid to the decedent's personal representative for payment or reimbursement of those expenses.

For example, if a surviving spouse or adult child personally paid an eligible funeral-home bill, documentation showing the charge and the payment can help establish the amount for which reimbursement is sought.

Because several people may contribute to funeral or burial costs, families should try to preserve:

Itemized funeral-home invoices
Cemetery or cremation contracts
Receipts
Bank or credit-card statements showing payment
Records identifying which family member paid each charge

Keeping these records can make it easier to determine what expenses were incurred and who may need to be reimbursed.

Who Files an Ohio Wrongful Death Claim?

Ohio wrongful death actions are not generally brought separately by individual surviving relatives. Under Ohio law, the action must be brought in the name of the decedent's personal representative.

The personal representative brings the case for the benefit of the people recognized under Ohio's wrongful death statute, including the surviving spouse, children, parents, and potentially other next of kin. A surviving spouse, children, and parents are rebuttably presumed under Ohio law to have suffered damages because of the death.

If the decedent left a will naming an executor, that person may be appointed by the probate court to serve as the personal representative. If there is no will, or the named executor cannot serve, the probate court may appoint an administrator.

The personal representative then has authority to pursue the wrongful death action and, when appropriate, seek court approval of a settlement and distribution.

Learn more about who can file a wrongful death lawsuit in Ohio.

What Other Damages Can Be Recovered in an Ohio Wrongful Death Claim?

Funeral and burial expenses are only one potential component of an Ohio wrongful death claim.

Under Ohio Revised Code § 2125.02, wrongful death damages may also include:

Loss of financial support based on the decedent's reasonably expected earning capacity
Loss of the decedent's services
Loss of society, including companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education
Loss of prospective inheritance
Mental anguish suffered by surviving family members or other next of kin

The value of these damages depends on the nature of the losses and the evidence available. Ohio law allows the court or jury to consider relevant circumstances existing at the time of the decedent's death when determining the damages suffered by the beneficiaries.

These damages are different from the funeral and burial expenses discussed above. Funeral expenses are separately identified and directed to the personal representative for payment or reimbursement, while other wrongful death damages compensate qualifying beneficiaries for their own losses resulting from the death.

Can a Survival Claim Also Be Filed?

In some cases, a survival claim may exist alongside a wrongful death claim.

A survival claim is legally distinct from wrongful death. Rather than compensating surviving family members for losses caused by the death, a survival claim preserves certain claims the deceased person could have pursued had they survived.

For example, when supported by the evidence, a survival claim may seek damages associated with injuries and conscious pain and suffering experienced between the underlying incident and the person's death.

Whether both types of claims are available depends on the circumstances.

How Long Do You Have to File an Ohio Wrongful Death Claim?

An Ohio wrongful death action generally must be filed within two years after the decedent's death.

Because funeral and burial expenses are recovered through the wrongful death action, the deadline applicable to that action also affects the ability to recover those expenses.

However, Ohio law contains special rules and exceptions that can affect the filing deadline in certain cases, including some product-liability and exposure-related claims. The applicable deadline may also depend on other facts surrounding the death.

For that reason, families should not assume that they have exactly two years in every situation. Speaking with an attorney well before a potential deadline can provide time to determine what limitations period applies and preserve available evidence.

Frequently Asked Questions About Funeral Costs and Ohio Wrongful Death Claims

Does the Funeral Have to Be Paid Before the Cost Can Be Included in the Claim?

Ohio law permits recovery of reasonable funeral and burial expenses incurred as a result of the wrongful death. Depending on how the expense was arranged and paid, invoices, contracts, receipts, and other records can help establish the amount being claimed.

If a family member already paid the expense, Ohio law allows recovered funeral and burial funds to be used to reimburse those expenses through the personal representative.

What Happens if More Than One Family Member Paid Funeral Expenses?

Families sometimes divide funeral and burial costs among several relatives. Each person who contributed should retain documentation showing what they paid.

Because Ohio law directs recovered funeral and burial expenses to the personal representative for payment or reimbursement, those records can help establish how the recovered amount should be handled.

What Happens if the Deceased Was Partially at Fault?

Ohio generally follows a modified comparative-fault rule. In cases where comparative fault applies, recovery is not barred when the decedent's share of fault is 50% or less, although recoverable compensatory damages may be reduced according to the percentage of fault attributed to the decedent.

If the decedent's share of fault exceeds 50%, recovery is generally barred under Ohio's comparative-fault statute.

The way comparative fault applies can depend on the legal theory and facts involved in the wrongful death case.

Does Life Insurance Prevent a Family From Filing a Wrongful Death Claim?

Generally, no. Life insurance benefits arise from a contract between the insurer and the policyholder and are separate from a civil wrongful death claim against a person or entity legally responsible for the death.

Receiving life insurance proceeds therefore does not ordinarily prevent the decedent's personal representative from pursuing a wrongful death action.

Do Funeral Expenses Reduce the Damages Family Members Can Recover?

Ohio law treats reasonable funeral and burial expenses separately from the damages awarded for losses suffered by wrongful death beneficiaries.

The court or jury must separately state the amount awarded for funeral and burial expenses. Those funds are then directed to the personal representative for payment or reimbursement of the expenses rather than simply divided among the beneficiaries as part of their wrongful death damages.

Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Here for You

At Brandon J. Broderick, Attorney at Law, we understand that families dealing with an unexpected death may be facing grief, financial uncertainty, and questions about what comes next. You should not have to sort through Ohio's wrongful death laws on your own.

Our team can review the circumstances surrounding your loved one's death, explain whether a wrongful death claim may be available, and identify the compensation that may be pursued under Ohio law, including eligible funeral and burial expenses.

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