What is a Survival Claim?

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.

What is a Wrongful Death Claim?

Ohio personal injury attorney, Scott Kuboff, discusses R.C. 2125.01 and the damages a family can recover following the wrongful death of a parent, sibling or child.

Pursuant to R.C. 2125.01, a wrongful death claim is available when "the death of a person is caused by wrongful act, neglect, or carelessness which would have entitled the party injured to maintain an action and recover damages" had they not died. It is the family’s claim to bring, for their loss. The damages including, but are not limited to:

  • Loss of income/support from the decedent  

  • Loss of potential retirement/inheritance

  • Loss of companionship

  • Mental and emotional anguish

  • Funeral expenses

The proceeds of claim are distributed by the probate court (but not a part of the estate) in an equitable manner taking into consideration the age, relationship, and injury to the individual claimants.  Proceeds are not subject to the distribution method of a will.

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

Tips on Treating after a Personal Injury

Ohio personal injury attorney, Scott Kuboff, provides some common sense tips relative to your treatment following a personal injury.

SPOILER ALERT: show up and follow your doctor's recommendations.

If you have sustained an injury as a result of someone’s recklessness or carelessness, please contact Scott for a no cost, no obligation consultation and case evaluation.

Ohio Traffic Safety Laws Rank at the Bottom

Ohio "dangerously falls behind" with its traffic safety laws and the annual economic cost associated with motor vehicle collisions is an estimated $10.125 billion. According to a new report issued by Advocates for Highway and Auto Safety, Ohio is lacking the following traffic safety laws:

  • Primary Enforcement Seat Belt Law (Front & Rear)

  • All-Rider Motorcycle Helmet Law

  • Rear-Facing Through Age 2 Law

  • Booster Seat Law

  • Graduated Driver Licensing (GDL) - Minimum Age 16 for Learner’s Permit

  • GDL - Stronger Nighttime Restriction

  • GDL - Age 18 for Unrestricted License

  • Ignition Interlocks for All Offenders

  • Open Container Law

  • All-Driver Text Messaging Restriction (as a primary offense)

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

Ohio Statute of Limitations for Dog Bite Claims

Ohio personal injury attorney, Scott Kuboff, discusses the statute of limitations and how much time you have to file a lawsuit for injuries related to a dog bite.

DISCLAIMER: This video is for educational purposes only and should not be construed as legal advice as to the statute of limitations in your case. If you want to know the statute of limitations applicable to your case, contact an attorney.

If you have sustained an injury as a result of a dog bite or attack, please contact Scott for a no cost, no obligation consultation and case evaluation.

Extending the Statute of Limitations for Dental Malpractice

Ohio dental malpractice attorney, Scott Kuboff, discusses "180-day" letters and how they are used to extend the statute of limitations if properly served.

DISCLAIMER: This video is for educational purposes only and should not be construed as legal advice as to the statute of limitations or how to properly serve a 180-day letter. If you want to know that information, contact an attorney.

If you have sustained an injury following a dental procedure, please contact Scott for a no cost, no obligation consultation and case evaluation.


What is the Statute of Repose for Dental Malpractice in Ohio

Ohio dental malpractice attorney, Scott Kuboff, discusses the statute of repose and how much time you have to discover a dental injury before your claim is barred.

DISCLAIMER: This video is for educational purposes only and should not be construed as legal advice as to the statute of repose in your case. If you want to know the statute of repose applicable to your case, contact an attorney.

If you believe you are a victim of dental malpractice, please contact Scott for a no cost, no obligation consultation and case evaluation.