Ohio Rev. Code » Chapter 2125
Ohio Revised Code

Ohio Rev. Code § 2125.04 (2026)

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✓ current as of May 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 (Ohio 2009).
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Eppley v. Tri-Valley Local Sch. Dist. Bd. of Educ., 2009 Ohio 1970 (Ohio 2009). · 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 (Ohio Ct. App. 2012). · 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 (Ohio 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 (Ohio Ct. App. 2023). · 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 (Ohio Ct. App. 2022). · 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. 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. 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 (Ohio Ct. App. 2024). · 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 (Ohio Ct. App. 2014). “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. 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., 1995 Ohio 119 (Ohio 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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