Losing a loved one can be almost unbearable, especially when the death was unavoidable. While nothing can bring back the deceased person (decedent), survivors might pursue compensation for death resulting from someone’s negligence. Lawyers who specialize in personal injury can help a family understand the wrongful death claim process and perhaps bring some comfort during their time of sorrow.
What Constitutes Wrongful Death?
Wrongful deaths happen at work, at home, or in public settings. They can result from unsafe working conditions, traffic accidents, or medical malpractice. In Ohio, plaintiffs can pursue wrongful death claims when the death results from another party’s “wrongful act, neglect, or default.” Ohio law also allows for wrongful death claims if, had the decedent survived, they would be eligible to pursue damages for personal injury.
Unlike “wrongful acts” that are intentional, such as aggravated assault or homicide, “negligence” is the failure to exercise sufficient care to prevent harm. Examples of wrongful deaths due to negligence include
- Aggressive, distracted, or intoxicated driving
- Allowing for hazardous conditions to exist on a property
- Defective or dangerous products or goods
- Medical malpractice
- Nursing home abuse or neglect
You might assume that a spouse, adult child, or close family member can file a wrongful death lawsuit. However, Ohio law stipulates that the individual who files the claim must be the personal representative of the decedent’s estate. The personal representative can be designated by the decedent’s will or appointed by the probate court.
How Much is a Wrongful Death Claim Worth?
Several factors go into assigning value to a wrongful death claim. Attorneys experienced with these cases typically consider the decedent’s age, how their death personally affected survivors, and what role they had in providing financial support to dependents. Here are the most critical factors in more detail:
- Mental Anguish: This refers to the survivors’ pain and emotional suffering.
- Loss of household: These damages factor in household worth or the value of the childcare the decedent provided.
- Loss of Potential Inheritance: The court would allocate this amount to individuals who otherwise would be heirs to the deceased.
- Loss of society: This amount is relevant to the survivors, particularly a spouse, children, or next of kin. It pertains to the social benefits of relationships with the decedent, such as mentorship, companionship, comfort, and protection.
- Loss of Earnings: This amount reflects the financial support that dependents of the deceased would otherwise expect.
- Funeral and Burial Costs: A judge or jury might determine this amount separately from other damages.
Get Help From a Reputable Personal Injury Attorney
The devastation of losing a spouse or family member because of another party’s negligence can seem insufferable. That is why the support of an experienced attorney can help ease the stress and confusion that often come with handling a wrongful death claim.
You likely have questions like “What amount in damages can I recover?” or “Who should file the claim?” Your lawyer will be happy to answer all your questions. They will also draw your attention to issues you might not anticipate, such as filing before important deadlines. For instance, Ohio’s statute of limitations for wrongful death claims is two years.
The experienced personal injury attorneys at Clements, Taylor, Butkovich & Cohen, L.P.A., Co., understand that no award can be large enough to make up for the loss of a loved one. Nevertheless, they also know how important it is to seek reparations when the death is due to another person’s carelessness. Our legal team will work hard to help you get compensation for your losses and help you gain some closure.