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The #1 Cleveland Wrongful Death Lawyer | Call (216) 931-7000

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Frank Piscitelli

Member of the Ohio State Bar Association since 1993. With 30+ years of legal experience, Attorney Frank Piscitelli has secured over $55 million in compensation for Ohio injury victims, car accident victims, and surviving family members of Ohio wrongful death victims.


This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Piscitelli Law Firm and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Ohio personal injury lawyer, Frank Piscitelli, you can do so here.

Piscitelli Law Firm does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Do You Need Help from an Experienced Cleveland Wrongful Death Lawyer? Contact Piscitelli Law Firm Today!

Did you lose a loved one due to another party’s negligence?

Contact an experienced Cleveland wrongful death lawyer from Piscitelli Law Firm at (216) 931-7000 if you believe your loved one was the victim in a wrongul death accident in Cleveland, Ohio (OH).

A Cleveland Wrongful Death Lawyer from Piscitelli Law Firm helps surviving family members and spouses seek justice and financial security after the devastating loss of a loved one due to negligence or wrongful actions.

Our founder and experienced Wrongful Death Attorney, Frank Piscitelli, has devoted his career to fighting for families who have lost loved ones due to negligence, providing compassionate legal guidance and advocacy to help them secure the justice and compensation they deserve.

On this page, we’ll discuss the role of a Cleveland Wrongful Death Lawyer, how the Piscitelli Law Firm can help you and your family, the legal process for a wrongful death claim in Ohio, who is eligible to file a wrongful death case in Ohio, and much more.

Personal Injury Lawyer Cleveland Ohio

Lost a Loved One Due to Someone Else’s Negligence? We’re Here to Help.

Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can endure.

Wrongful death occurs when an individual’s life is taken due to another party’s careless, reckless, or intentional actions, leaving families with emotional and financial burdens they never expected to face.

While no legal action can truly make up for the loss, a wrongful death lawsuit allows families to seek justice and recover compensation for medical bills, funeral expenses, lost financial support, and the profound emotional impact of their loss.

Ohio law allows certain family members to file a wrongful death claim on behalf of the deceased, holding those responsible accountable for their actions.

These cases often arise from medical malpractice, motor vehicle accidents, workplace incidents, or dangerous products.

Establishing liability requires careful investigation, expert analysis, and a strong legal strategy to prove negligence and secure fair compensation.

At the Piscitelli Law Firm, we understand that this is more than just a legal case—it’s about honoring your loved one’s memory and protecting your family’s future.

With decades of experience handling complex wrongful death claims, Frank Piscitelli provides compassionate yet relentless advocacy for grieving families.

By handling the legal burdens for you, we allow you to focus on what matters most—healing and finding a path forward.

If you’ve lost a loved one due to someone else’s negligence, we are here to fight for the justice your family deserves.

Call (216) 931-7000 today for more information and a discussion about your legal options.

If your loved one’s death was caused by someone else’s negligence, you deserve justice and financial compensation.

The Piscitelli Law Firm is here to help you through the legal process of wrongful death action with compassionate legal support and dedicated advocacy.

Contact us today for a free consultation.

Use the chat feature on this page for a free and confidential case evaluation to find out if you’re eligible to file a wrongful death lawsuit today.

Losing a loved one unexpectedly leaves families facing not only emotional devastation but also financial uncertainty and unanswered questions.

The impact of wrongful death extends far beyond the immediate loss, affecting a family’s stability, future, and sense of justice.

At the Piscitelli Law Firm, we are committed to helping you seek compensation and accountability your loved one deserves while providing the legal support you need to focus on healing.

Personal Injury Lawyer Cleveland Ohio

Meet Our Founder and Experienced Wrongful Death Attorney: Frank Piscitelli

Our founder, Frank Piscitelli, has spent more than 30 years fighting for families who have lost loved ones due to negligence.

He understands that wrongful death cases are not just legal matters—they are deeply personal and emotionally overwhelming.

Families dealing with sudden loss face not only grief but also financial burdens, unanswered questions, and the need for accountability.

At the Piscitelli Law Firm, we take on these cases with the determination and care they deserve, securing results that provide families with financial stability and a sense of justice.

Frank has successfully recovered millions for families devastated by wrongful death, including multi-million-dollar settlements in medical malpractice and catastrophic injury cases.

We approach every case with a relentless commitment to uncovering the truth, holding negligent parties accountable, and helping families move forward.

Frank personally directs each case, working closely with expert witnesses, investigators, and medical professionals to build the strongest possible claim.

Our law firm has secured significant settlements and verdicts, including a $2 million medical malpractice wrongful death settlement and a $1.25 million motorcycle wrongful death case.

We know that no amount of compensation can bring back a loved one, but we also know that securing justice can help families regain control of their future.

Our firm stands by grieving families with both legal guidance and unwavering support, making sure they never feel alone in this process.

If your loved one was taken too soon due to someone else’s negligence, we are here to fight for you.

How Much Does it Cost to Hire a Wrongful Death Lawyer from the Piscitelli Law Firm?

There are no upfront costs to hire a Cleveland wrongful death lawyer from the Piscitelli Law Firm because we work on a contingency fee basis.

This means families do not pay any legal fees unless we successfully recover compensation through a settlement or verdict.

Our firm covers all case-related expenses, including investigations, expert consultations, and court costs, so grieving families can focus on healing instead of worrying about legal bills.

This fee structure makes justice accessible to everyone, regardless of financial situation.

By working on contingency, we take on the financial risk of the case, ensuring that our goals align with yours—securing the best possible outcome for your family.

If we don’t win, you owe us nothing.

Contact us today for a free consultation to learn how we can help your family seek justice and financial security after the loss of a loved one.

The Legal Process for a Wrongful Death Lawsuit in Ohio Explained

Filing a wrongful death lawsuit in Ohio involves several legal steps, each governed by state laws designed to protect the rights of surviving family members.

Under Ohio Revised Code Section 2125.01, a wrongful death claim may be brought when a person’s death is caused by the wrongful act, neglect, or default of another party.

These cases follow similar legal principles as personal injury claims, except that the lawsuit seeks to recover damages for surviving family members rather than the injured individual.

Ohio law also enforces a two-year statute of limitations for wrongful death lawsuits under Ohio Revised Code Section 2125.02, meaning legal action must be taken within two years from the date of death.

Because wrongful death cases often involve complex investigations, expert testimony, and negotiations with insurance companies, having an experienced attorney is critical.

The process includes gathering evidence, identifying all responsible parties, and proving liability under Ohio negligence laws.

Each step plays a crucial role in securing fair compensation for funeral costs, medical expenses, lost financial support, and the emotional toll of losing a loved one.

Below is an overview of the legal process for a wrongful death lawsuit in Ohio:

  1. Consultation with an Attorney: Discuss the details of your case with a wrongful death lawyer to evaluate legal options.
  2. Investigation and Evidence Collection: Gather medical records, accident reports, expert testimony, and other critical evidence.
  3. Filing the Lawsuit: A formal complaint is filed in an Ohio court against the responsible party or parties.
  4. Discovery Process: Both sides exchange evidence, conduct depositions, and build their legal arguments.
  5. Settlement Negotiations: Attorneys negotiate with insurance companies or opposing counsel to reach a fair settlement.
  6. Trial (if necessary): If a settlement is not reached, the case proceeds to trial, where a judge or jury determines liability and damages.
  7. Final Judgment or Appeal: If necessary, either party may appeal the court’s decision for further review.

Pursuing a wrongful death lawsuit can be overwhelming, but taking legal action can provide both justice and financial security for surviving family members.

An experienced wrongful death attorney attorney can guide you through each step, allowing your family to focus on healing while holding those responsible accountable.

Who Can File a Wrongful Death Claim in Ohio?

In Ohio, wrongful death claims are designed to provide justice and compensation to the families of individuals whose lives have been tragically cut short due to another party’s negligence or wrongful actions.

The process for filing such a claim is outlined in Ohio Revised Code Section 2125.02, which specifies that only the personal representative of the deceased person’s estate has the legal authority to initiate a wrongful death lawsuit.

This personal representative, often named in the deceased’s will or appointed by the court if no will exists, acts on behalf of the decedent’s estate and the surviving family members.

While the lawsuit is filed by the personal representative, the surviving spouse, children, and parents are typically the primary beneficiaries who may pursue compensation resulting from the victim’s death.

In many wrongful death cases, these family members are presumed to have suffered damages due to their loss.

Individuals who may be eligible to file a wrongful death claim in Ohio include:

  • Surviving spouse
  • Children (biological and adopted)
  • Parents of the deceased
  • Other next of kin or beneficiaries, if they can prove dependence on the deceased

It’s important to note that while the personal representative files the claim, the compensation awarded is intended for the benefit of the deceased’s close family members.

Consulting with an experienced wrongful death attorney can help clarify eligibility and ensure that the rights of all beneficiaries are protected.

Actionable Steps to Take After a Wrongful Death in Ohio

The untimely death of a beloved family member is one of the most devastating experiences anyone can face.

Grieving families are often left with overwhelming emotional pain, unexpected financial burdens, and difficult legal decisions.

Unlike personal injury cases, wrongful death claims are pursued on behalf of the deceased, requiring specific legal steps to hold the responsible party accountable.

While these steps may seem daunting, taking the right actions can help your family seek financial compensation for medical bills, lost income, and other damages.

We understand that handling legal matters during a time of grief can feel impossible.

Just as incapacitating injuries in personal injury cases prevent victims from handling claims themselves, a sudden loss can make it difficult for families to focus on legal and financial issues.

That’s where our legal team steps in—to handle the process for you, giving you space to focus on healing while we fight for justice on your behalf.

Below are some of the most important steps to take after losing a loved one due to negligence:

  1. Take the Time to Grieve: Your emotional well-being is the most important priority. Surround yourself with support from loved ones, grief counselors, or community resources.
  2. Obtain the Death Certificate: This official document is required for legal and financial matters related to your loved one’s passing.
  3. Gather Important Documents: Collect medical records, accident reports, and any communication related to the incident.
  4. Appoint a Personal Representative: If your loved one did not have a designated executor, a court may need to appoint a representative to manage the wrongful death claim.
  5. Consult an Experienced Wrongful Death Attorney: A legal team can guide you through the process, investigate the claim, and protect your rights.
  6. Preserve Evidence: If possible, keep records, photographs, and witness statements that may support your case.
  7. Avoid Speaking with Insurance Companies Alone: Insurers may attempt to settle quickly for less than your family deserves—let your attorney handle these discussions.
  8. File a Wrongful Death Claim Within Ohio’s Legal Deadline: The statute of limitations for wrongful death cases in Ohio is typically two years from the date of death.

Losing a loved one is never easy, and the legal process should not add to your burden.

Our legal team is here to take on the fight for justice, allowing you to focus on honoring your loved one’s memory while we pursue the compensation your family needs.

Gathering Evidence for a Wrongful Death Lawsuit

Evidence is the foundation of any wrongful death lawsuit, providing the proof needed to establish liability and seek justice for your loved one.

Strong evidence can demonstrate how negligence led to the death, support claims for financial losses, and ensure surviving family members receive fair compensation.

Since wrongful death cases often involve complex circumstances, working with an attorney to gather and preserve key evidence can make a significant difference in the outcome of your case.

Important Evidence in a Wrongful Death Case:

  • Death Certificate: An official record confirming the cause and circumstances of death.
  • Medical Records: Documentation of the deceased’s injuries, treatments, and medical history related to the fatal incident.
  • Autopsy and Coroner Reports: Expert analysis detailing the cause of death and contributing factors.
  • Accident Reports: Police reports, workplace incident reports, or other official records describing how the death occurred.
  • Eyewitness Testimony: Statements from individuals who saw the event or have relevant knowledge.
  • Expert Testimony: Analysis from medical professionals, accident reconstruction specialists, or financial experts.
  • Financial Records: Proof of the deceased’s earnings, benefits, and financial contributions to their family.
  • Surveillance Footage: Video evidence that may capture the incident or surrounding events.
  • Defendant’s Records: Employment history, prior safety violations, or company policies that may indicate negligence.

Collecting this evidence helps build a strong case for compensation and accountability.

A wrongful death attorney can handle this process, allowing families to focus on grieving while making sure all critical information is preserved.

Damages in Wrongful Death Cases

Damages in a wrongful death lawsuit refer to the financial and emotional losses suffered by surviving family members due to their loved one’s passing.

Wrongful death compensation is designed to cover both tangible and intangible losses, helping families recover from the financial burdens and personal hardships caused by another party’s negligence.

These damages often include burial expenses, loss of income, and compensation for the emotional toll of losing a beloved family member.

In some cases, punitive damages may also be awarded to punish particularly reckless or intentional misconduct.

Since every case is unique, the value of a wrongful death claim depends on factors such as the deceased’s earning potential, the circumstances of their death, and the impact on their surviving family members.

Below are the most common types of damages that may be awarded in a wrongful death case:

  • Medical Expenses: Costs for emergency treatment and medical care related to the fatal injury.
  • Burial Expenses: Funeral and cremation or burial costs.
  • Loss of Income: Compensation for the financial support the deceased would have provided to their family.
  • Loss of Benefits: Pensions, health insurance, and other benefits the deceased would have earned.
  • Loss of Companionship: Damages for the emotional loss of a spouse, parent, or child.
  • Pain and Suffering: Compensation for the emotional distress suffered by surviving family members.
  • Punitive Damages: Additional compensation meant to punish egregious negligence or intentional misconduct.

Calculating these damages requires a thorough understanding of Ohio’s wrongful death laws and how they apply to your case.

An experienced attorney can help assess your family’s losses and fight for the full compensation you deserve.

Do You Qualify for a Cleveland Wrongful Death Case?

Monetary compensation secured in a wrongful death lawsuit can help a family regain financial stability, covering essential expenses and easing the burden of lost income.

It can also provide long-term security for surviving spouses and children who depended on the deceased’s financial support.

While no amount of money can replace a loved one, holding the responsible party accountable can bring a sense of justice and closure.

In Ohio, wrongful death claims must be filed by the personal representative of the deceased’s estate on behalf of surviving family members.

This includes spouses, children, and parents, who are presumed to have suffered damages due to the loss.

Other relatives may also be eligible if they can demonstrate financial dependence on the deceased.

Determining whether you qualify for a wrongful death claim depends on the circumstances of your loved one’s passing and Ohio’s legal requirements.

An experienced wrongful death attorney can evaluate your case, explain your options, and guide you through the legal process.

The Piscitelli Law Firm: Your Cleveland Wrongful Death Lawyer

Losing a loved one due to negligence is an unimaginable tragedy, and pursuing legal action may feel overwhelming in the midst of grief.

At the Piscitelli Law Firm, we understand the emotional weight of wrongful death cases and are committed to providing compassionate legal support while aggressively fighting for justice.

Our firm has spent decades helping families in Cleveland and throughout Ohio hold negligent parties accountable and secure the compensation they need to move forward.

Every wrongful death case is deeply personal, and we approach each one with the care, dedication, and relentless advocacy it deserves.

We take on the legal burden so your family can focus on healing while we work to secure financial stability and a sense of justice for your loss.

With no upfront fees and a commitment to results, you can trust that your case will be handled with the highest level of professionalism and respect.

If your family has lost a loved one due to negligence, contact the Piscitelli Law Firm today for a free consultation.

You can also use the chat feature on this page to find out if you qualify for a wrongful death lawsuit instantly.

We are here to fight for you and your future.

Frequently Asked Questions

  • Will I Have to Go to Court for a Wrongful Death Lawsuit?

    In most wrongful death lawsuits, cases are resolved through settlements rather than going to trial.

    Attorneys for both sides typically negotiate to reach a fair agreement that provides compensation to the surviving family members without the need for a courtroom battle.

    However, if the at-fault party or their insurance company refuses to offer a reasonable settlement, taking the case to trial may be necessary.

    A civil lawsuit allows the court to determine liability and damages if negotiations fail.

    While going to court can extend the legal process, it may also result in a more favorable outcome, especially if the at-fault party disputes responsibility.

    An experienced wrongful death attorney can prepare your case for trial if needed while continuing to negotiate for the best possible settlement.

    Regardless of the path your case takes, legal representation protects your rights and makes sure that you have the strongest chance of securing justice for your loved one.

  • Can I File a Wrongful Death Lawsuit If the Defendant is Facing Criminal Prosecution?

    Yes, you can file a wrongful death lawsuit even if the defendant is facing criminal prosecution.

    A wrongful death claim is a civil lawsuit, which is separate from any criminal charges the at-fault party may be facing.

    Criminal cases focus on punishing the defendant with penalties such as imprisonment or fines, while a wrongful death lawsuit seeks financial compensation for the surviving family members.

    Because civil and criminal cases operate independently, the outcome of one does not necessarily determine the other.

    Even if the defendant is not convicted in a criminal trial, you may still pursue a wrongful death lawsuit and prove liability under Ohio’s civil standards, which require a lower burden of proof than criminal cases.

    An experienced wrongful death attorney can help you understand this process, protecting your family’s rights while pursuing justice on your behalf.

  • How is Liability Proven in a Wrongful Death Lawsuit?

    In a wrongful death lawsuit, liability is established by proving that negligence occurs when the defendant owed a duty of care to the deceased and failed to uphold that duty.

    The case must demonstrate that the defendant’s breach of this duty directly led to the victim’s death, resulting in financial and emotional losses for the surviving family members.

    Evidence such as medical records, witness statements, and expert testimony is often used to support these claims.

    Additionally, wrongful death claims in Ohio must go through probate court, as they are filed on behalf of the deceased’s estate.

    The personal representative of the estate is responsible for initiating the lawsuit, and any compensation awarded is distributed to eligible surviving family members.

    An experienced wrongful death attorney can build a strong case by gathering evidence, proving liability, and guiding families through the legal process.

  • Are There Any Exceptions to the Wrongful Death Statute of Limitations?

    In Ohio, wrongful death lawsuits must generally be filed within two years of the deceased’s passing.

    However, certain exceptions can extend this timeframe.

    The discovery rule applies when the cause of death is not immediately known, delaying the statute until the cause is discovered or reasonably should have been.

    This is common in medical malpractice cases.

    For minors eligible to file a claim, the statute may be tolled until they turn 18, with the two-year period starting on their 18th birthday.

    Additionally, if the defendant leaves the state, the clock may pause until they return.

    However, criminal charges against the defendant do not extend the civil statute of limitations.

    Missing the deadline can forfeit your right to compensation, so it’s critical to act quickly.

    Consulting an experienced wrongful death attorney can help you understand how these rules apply to your case.

  • What are the Most Common Causes of Wrongful Death?

    Wrongful death claims arise when a deceased victim loses their life due to another party’s negligence or misconduct.

    Some of the most common causes include car accidents, where a negligent driver fails to follow traffic laws, leading to a fatal accident.

    These cases often involve reckless driving, speeding, or impaired driving, all of which can result in preventable tragedies.

    Another leading cause of wrongful death is medical negligence, where errors by healthcare providers, such as misdiagnosis, surgical mistakes, or medication errors, lead to fatal consequences.

    Other common causes include workplace accidents, defective products, and nursing home abuse.

    When a loved one dies due to another party’s reckless actions, surviving family members may have the right to pursue a wrongful death lawsuit to seek justice and financial recovery.

  • What Constitutes a "Wrongful Death"?

    A wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional acts.

    This can include fatal accidents caused by medical malpractice, defective products, workplace hazards, or motor vehicle crashes.

    In some cases, intentional acts such as assault or other criminal conduct can also serve as grounds for a wrongful death claim.

    To pursue a wrongful death lawsuit, it must be proven that the decedent’s death resulted directly from the actions or negligence of the responsible party.

    Surviving family members may seek compensation for financial losses, emotional suffering, and the loss of companionship.

    An experienced wrongful death attorney can help determine whether a case qualifies under Ohio law and advocate for the justice the deceased and their loved ones deserve.

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Don’t settle for less than you deserve, speak with an award-winning personal injury lawyer today. personal injury lawyer today.

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For 30 years, Frank Piscitelli has been fighting for clients who have been the victims of the wrongful death of a loved one.

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