Ohio personal injury attorney, Scott Kuboff, discusses R.C. 2305.21 and the damages an estate can recover for claims that survive someone's death.

R.C. 2305.21 provides “causes of action for . . . injuries to the person or property. . . shall survive; and such actions may be brought notwithstanding the death of the person entitled . . . thereto.” In other words, survival claims are to recover damages suffered by the decedent before his or her death including, but not limited to:

Medical expenses
Lost income
Pain and suffering

These damages become part of the estate, subject to creditors, and are distributed according to the decedent’s will.

If you have a question on a wrongful death or survival claim, please contact Scott for a no cost, no obligation consultation and case evaluation.