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Ohio Rev. Code § 2125.04 (2026)

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In every civil action for wrongful death that is commenced or attempted to be commenced within the time specified by division (F)(1) or (F)(2)(c), (d), (e), (f), or (g) of section 2125.02 of the Revised Code, if a judgment for the plaintiff is reversed or the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the personal representative of the plaintiff may commence a new civil action for wrongful death within one year after the date of the reversal of the judgment or the plaintiff's failure otherwise than upon the merits or within the period specified by any of those divisions, whichever occurs later.

Last updated January 26, 2023 at 11:33 AM

Notes of Decisions
Cited in 23 cases (8 in the last 5 years), 1956–2025 · leading case: Eppley v. Tri-Valley Local Sch. Dist. Bd. of Educ., 2009-Ohio-1970, 908 N.E.2d 401.
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Eppley v. Tri-Valley Local Sch. Dist. Bd. of Educ., 2009-Ohio-1970, 908 N.E.2d 401. · cites it 52× “] Wrongful-death actions — R.C. 2125.04 — Saving statute — The saving statute for wrongful-death actions, R.”
Rossiter v. Smith, 2012-Ohio-4434. · cites it 9× “Smith filed a motion for summary judgment in which he argued that Administrator could not rely upon the savings statute applicable to wrongful death actions, R.C. 2125.04, to re-file her complaint. Specifically, Smith argued that Administrator never commenced or attempted to…”
Motorists Mut. Ins. v. Huron Road Hosp., 73 Ohio St. 3d 391 (1995). · cites it 3× “For wrongful death actions, R.C. 2125.04 governs: “In every action for wrongful death commenced or attempted to be commenced [within the statute of limitations] * * *, if the plaintiff fails otherwise than upon the merits, and the [statute of limitations] * * * has expired at…”
Rossi v. Atrium Med. Ctr., 2023-Ohio-984, 212 N.E.3d 21. · cites it 4× “R.C. 2125.04, in turn, provides a saving statute for wrongful death actions, which allows the actions to be refiled when certain situations occur.”
Ewing v. UC Health, 2022-Ohio-2560, 193 N.E.3d 1132. · cites it 3× “02(D)(2)(a), and R.C. 2125.04 provides a saving statute for wrongful-death actions, which allows the actions to be refiled when certain situations occur.”
Eppley v. Tri-Valley Local Sch. Dist., Ct2007-0022 (1-3-2008), 2008 Ohio 32 (Ohio Ct. App. 5th Dist. 2008). · cites it 4× “" { 15} R.C.2125.04 provides: "In every civil action for wrongful death commenced or attempted to be commenced within the time specified by division (D)(1) or (D)(2)(c), (d), (e), (f), or (g) of section 2125.”
Sorrell v. Est. of Datko, 770 N.E.2d 608 (Ohio Ct. App. 7th Dist. 2001). · cites it 2× “” R.C. 2125.04. {¶ 12} “In an action commenced, or attempted to be commenced, * * * if the plaintiff fails otherwise than upon the merits, and the time limited for the commencement of such action at the date of * * * failure has expired, the plaintiff, or, if he dies and the…”
Pelletier v. Mercy Health Youngstown, L.L.C., 2024-Ohio-2131. · cites it 3× “{¶11} Pelletier’s second assignment of error states: THE TRIAL COURT ERRED BY FAILING TO FIND THAT THE ONE-YEAR SAVINGS STATUTE IN THE WRONGFUL DEATH ACT (O.R.C. 2125.04) SUPERSEDES THE FOUR-YEAR STATUTE OF REPOSE IN O.”
Watkins v. Dep't of Youth Servs., 39 N.E.3d 1207 (Ohio 2015). · cites it 2× “04 does not implicate this right because, on its face, it addresses only the right to refile a wrongful death lawsuit.”
Wick v. Lorain Manor, Inc., 2014-Ohio-4329. “See also R.C. 2125.04 (savings statute for wrongful death claims also requiring refiling within one year).”
Picciuto v. Lucas Cnty. Commissioners, 591 N.E.2d 1287 (Ohio Ct. App. 6th Dist. 1990). “04 (the statute of limitations as extended pursuant to R.C. 2125.04 expired on August 18, 1988).”
Motorists Mut. Ins. Co. v. Huron Rd. Hosp., 73 Ohio St. 3d 391 (1995). · cites it 5× “31 creates right of contribution between tortfeasor and medical provider— Mere filing of a complaint does not constitute an attempted commencement of an action for purposes of R.C. 2125.04. 1. When a medical provider’s negligent treatment of bodily injuries caused by a…”
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