Losing a loved one because of someone else’s negligence is one of life’s most painful experiences. While no legal action can ever undo such a loss, pursuing a wrongful death claim can bring accountability and provide financial support for your family’s future. At Obral Silk & Pal Personal Injury Lawyers, we are honored to represent families in Lakewood, offering both compassionate guidance and strong advocacy. We work to hold negligent parties responsible and to pursue the justice your loved one deserves. Call 216-529-9377 today for a free consultation with a dedicated wrongful death lawyer.
Emotional and Financial Damages in Wrongful Death Cases
Losing a loved one is one of the most devastating experiences a family can face. When that loss occurs because of another party’s negligence or misconduct, families may have legal options to pursue compensation. In Lakewood, Ohio, wrongful death claims allow surviving family members to seek damages for both emotional suffering and financial losses resulting from the death. Understanding the types of compensation available and how they are calculated is essential for protecting your family’s rights.
What a Wrongful Death Claim Involves
A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional actions of another. Common situations in Ohio include car accidents, workplace accidents, medical malpractice, and defective products. Unlike a criminal case, which seeks to punish the responsible party, a wrongful death lawsuit seeks financial compensation for the losses suffered by surviving family members.
Ohio law identifies specific parties who can bring a wrongful death claim, typically including:
- Surviving spouse
- Children of the deceased
- Parents if there is no surviving spouse or children
Other relatives may sometimes have limited rights depending on the deceased’s financial dependence and family structure. Filing deadlines are strict, usually requiring action within two years of the date of death, making timely legal consultation crucial.
Financial Damages in Wrongful Death Cases
Financial, or economic, damages are designed to compensate survivors for measurable losses caused by the death. These typically include:
- Loss of Income – Compensation for wages, benefits, and other financial support the deceased would have provided. This may also include future earning potential, calculated based on age, occupation, and work history.
- Medical Expenses – Costs incurred prior to death related to the injury or illness, including hospital bills, medications, and treatment.
- Funeral and Burial Expenses – Reasonable costs associated with funeral services, cremation, or burial.
- Loss of Household Services – Compensation for the value of services the deceased would have provided at home, such as childcare, household chores, or elder care.
Accurately documenting these losses is critical to ensure survivors receive fair compensation. This often involves collecting financial records, pay stubs, tax returns, and medical bills.
Emotional Damages in Wrongful Death Cases
Emotional, or non-economic, damages address the intangible impact of losing a loved one. These damages recognize the grief, loss, and suffering endured by family members. Common forms include:
- Loss of Companionship – Acknowledgment of the emotional bond and support the deceased provided to the family.
- Mental Anguish and Suffering – Compensation for the emotional trauma, depression, or anxiety caused by the death.
- Loss of Guidance – Particularly relevant for children who lose a parent, recognizing the absence of care, mentorship, and guidance.
Unlike financial damages, emotional damages are not easily quantifiable. Courts consider the relationship between the deceased and survivors, the nature of the loss, and the impact on daily life. Expert testimony, such as from psychologists or counselors, may help demonstrate the extent of emotional suffering.
Proving Damages in a Wrongful Death Case
Successfully recovering damages requires thorough evidence and documentation. For financial damages, important records may include:
- Employment records and income statements
- Tax returns
- Medical bills and treatment records
- Receipts for funeral and burial expenses
For emotional damages, evidence may include:
- Testimony from family members about the relationship and loss
- Psychological evaluations or counseling records
- Letters, diaries, or personal accounts that demonstrate the deceased’s role in the family
Gathering this evidence early is crucial to support your claim and ensure accurate calculation of damages.
Challenges in Recovering Compensation
Wrongful death claims can be complex and may face several challenges:
- Disputes Over Liability – Insurance companies or defendants may argue that the death was partially the family’s fault or that negligence was not involved.
- Calculating Non-Economic Damages – Emotional suffering is subjective, and insurers may attempt to minimize claims.
- Multiple Defendants – Accidents involving more than one party can complicate the allocation of fault and damages.
Working with an experienced personal injury attorney helps address these challenges and improves the likelihood of a fair outcome.
The Role of an Attorney
A personal injury attorney in Lakewood can guide families through the wrongful death process. Legal support can help by:
- Investigating the circumstances of the death to establish liability
- Collecting financial and medical records to document losses
- Calculating both economic and non-economic damages accurately
- Communicating with insurance companies and negotiating settlements
- Representing families in court if a fair settlement cannot be reached
Having professional guidance ensures that the case is handled properly and increases the chance that survivors receive the compensation they deserve.
Steps Families Should Take
After a loved one dies due to someone else’s negligence, families can take several steps to protect their rights:
- Seek Legal Advice – Consult an attorney promptly to understand deadlines and potential claims.
- Document Financial Losses – Collect records of income, benefits, and other financial support.
- Keep Records of Emotional Impact – Maintain notes or seek counseling to document grief and suffering.
- Preserve Evidence – Gather medical records, accident reports, and any relevant documents.
- Communicate Carefully with Insurers – Avoid providing statements without legal guidance to prevent undermining the claim.
Prompt action can preserve evidence, protect legal rights, and strengthen the case.
Wrongful death claims in Lakewood, Ohio, provide families with the opportunity to recover compensation for both financial and emotional losses. Financial damages address tangible losses, such as income, medical expenses, and funeral costs, while emotional damages recognize the profound grief and suffering caused by the death.
Successfully pursuing a claim requires careful documentation, evidence gathering, and legal expertise. Consulting an experienced personal injury attorney ensures that families understand their rights, meet deadlines, and pursue full compensation. While no monetary award can replace a loved one, a wrongful death claim can help provide financial security, hold responsible parties accountable, and acknowledge the emotional impact of the loss.
Seek Justice With A Wrongful Death Attorney
Losing a loved one due to negligence is one of life’s most difficult challenges, and pursuing a wrongful death claim can feel overwhelming without the right legal support. A compassionate wrongful death attorney can help your family find justice while securing the financial stability needed for the future. At Obral Silk & Pal Personal Injury Lawyers, we stand by families in Lakewood, providing both legal guidance and unwavering support during these painful times. Let us help you pursue accountability and closure. Call 216-529-9377 for a free consultation and learn how we can assist your family through this process.