Losing a loved one due to police misconduct and unjustified use of deadly force can lead to devastating hardships. As you pursue justice and accountability, you may be wondering, “Who can file wrongful death after fatal police misconduct?”
Ohio’s wrongful death laws set strict eligibility requirements for anyone seeking compensation following a fatal police shooting.
Am I Eligible to File a Wrongful Death Claim in Ohio?
In 2025, 1,201 people were killed by law enforcement across the United States, and certain police shootings can lead to wrongful death claims. The rules governing wrongful death claims vary from state to state, with some allowing family members to take legal action, while others require a representative to be assigned for those duties.
Under Ohio Revised Code § 2125.02, the claim must be filed in the name of the deceased person’s personal representative, typically the executor or administrator of the estate. The action is brought for the benefit of the surviving spouse, children, parents, or other next of kin. Being a beneficiary does not necessarily mean that you are personally able to file the case. The estate must first have an authorized representative appointed.
Wrongful death cases arising in Cleveland are typically heard through the Cuyahoga County Court of Common Pleas, located at the Justice Center, 1200 Ontario Street, Cleveland, OH 44113.
What Compensation May Be Available to Surviving Family Members?
Ohio estimated 33,061 peace officers could be liable when they fail to uphold the constitutional rights of the individuals they serve. When fatal police misconduct results in a wrongful death, surviving family members may be entitled to pursue compensation through the estate’s personal representative.
Recoverable damages can reflect the harm that was done and the lasting consequences to a family’s loved one. Economic damages could address lost wages, lost future earnings, medical bills, and other financial losses tied to the fatal shooting. Beyond burial costs and other tangible losses, a settlement could account for the pain and suffering caused by the death.
Why You Should Hire a Wrongful Death Lawyer
The loss of a loved one at the hands of law enforcement can mark an unimaginable loss that leaves you and your family both mourning the unexpected death of a family member and coping with serious financial challenges.
When you hire a wrongful death lawyer, you gain support from an experienced attorney who understands the state’s wrongful death laws and which party is eligible to manage a wrongful death claim.
Legal support can play a crucial role when it comes to demonstrating that law enforcement did not have a justification to kill an individual. By focusing on the facts of the case and the harm you suffered, a wrongful death lawyer can provide your family with the accountability and justice that you deserve.
Contact Spangenberg Shibley & Liber Today
Section 1983 and wrongful death claims arising from fatal police misconduct require extensive litigation experience, constitutional law knowledge, and the resources to investigate complex incidents involving government agencies.
Since 1946, Spangenberg Shibley & Liber has represented clients in high-stakes civil litigation, recovering more than $1 billion* through settlements and verdicts. If your family may have grounds for a wrongful death claim, contact our experienced legal team to discuss your legal options.
*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
