Losing a loved one because of someone else’s negligence is one of the hardest experiences a family can face. If you’re in Lorain and considering a legal claim, Obral Silk & Pal Personal Injury Lawyers is here to offer compassionate and experienced legal support. A wrongful death lawyer from our team can help you seek justice and financial relief during this difficult time. Contact us at 216-529-9377 to schedule a free consultation.
Understanding How Compensation Is Determined in Ohio Wrongful Death Claims
Losing a loved one is one of the most difficult experiences anyone can endure. If the death was caused by someone else’s negligence or wrongful actions, the emotional impact can be even more overwhelming. While no amount of compensation can truly replace the life lost, Ohio’s wrongful death law provides a way for surviving family members to seek financial recovery for the losses they’ve experienced. But how is compensation calculated in a wrongful death case?
Wrongful death claims in Ohio aim to compensate families for both tangible and intangible losses.
What is a Wrongful Death Claim in Ohio?
In Ohio, a wrongful death occurs when someone dies due to the negligence or wrongful act of another person, company, or entity. Common examples of wrongful death cases include car accidents, medical malpractice, workplace accidents, and defective product-related deaths. Family members, including spouses, children, and parents, are allowed to file a wrongful death lawsuit on behalf of the deceased.
The purpose of a wrongful death claim is to provide compensation for the survivors who have been financially impacted by the death of their loved one. This compensation is not awarded for pain and suffering of the deceased but rather for the loss the surviving family members have experienced.
Factors That Impact Compensation
Several factors influence how compensation is determined in a wrongful death case. In Ohio, the court will consider both economic and non-economic damages to arrive at a fair amount of compensation. Here are the key elements:
Economic Damages (Financial Losses)
Economic damages are those that directly affect the finances of the surviving family members. These are the tangible losses caused by the death of the individual. Some of the most common economic damages in Ohio wrongful death cases include:
- Medical Expenses: If the deceased person received medical treatment before passing, the family may be entitled to recover those expenses. This includes hospital bills, surgeries, doctor’s fees, and other medical costs related to the injury or illness that led to their death.
- Funeral and Burial Costs: The cost of the funeral, burial, and related expenses can be significant. These are typically covered as part of the wrongful death compensation.
- Lost Wages and Future Earnings: One of the most substantial factors in calculating compensation is the loss of income the deceased would have earned if they were still alive. This includes their wages, salary, bonuses, and other sources of income that the family depended on. Future earnings are estimated based on the decedent’s career, age, education, and expected career trajectory.
- Benefits Lost: If the deceased person had benefits such as life insurance, pension plans, or retirement funds, the family may be entitled to recover those lost benefits. This is particularly important for those who relied on the deceased’s financial contributions for their livelihood.
Non-Economic Damages (Emotional Losses)
Non-economic damages are meant to compensate for intangible losses, which are harder to quantify but are still significant. These damages are designed to reflect the emotional toll the wrongful death has had on the surviving family members. Common non-economic damages include:
- Loss of Companionship and Support: The surviving family members have likely lost the emotional support, affection, and guidance that the deceased person provided. The loss of a spouse, parent, or child can leave an emotional void that affects the quality of life for the survivors.
- Loss of Parental Guidance: In the case of a child losing a parent, compensation may be awarded for the loss of the parent’s nurturing, guidance, and care. This can be especially significant when children are still young.
- Mental Anguish: Surviving family members may experience severe emotional distress, anxiety, depression, or grief as a result of the loss. Though difficult to quantify, these emotional damages are often a key part of a wrongful death claim.
Punitive Damages (If Applicable)
In some wrongful death cases, especially those involving gross negligence or intentional harm, punitive damages may be awarded. Punitive damages are not meant to compensate the survivors but to punish the at-fault party and deter others from committing similar acts. These damages are typically awarded in cases involving extreme recklessness or willful misconduct, such as drunk driving or workplace safety violations.
However, it’s important to note that punitive damages are not automatically awarded in every wrongful death case. The court must find that the defendant’s actions were particularly egregious in order to justify the imposition of punitive damages.
The Role of an Attorney in Calculating Compensation
The calculation of wrongful death compensation is complex, involving both financial analysis and emotional considerations. While you may have an idea of what your loved one contributed to the family financially, the full value of future wages and benefits requires careful analysis. This is where an experienced wrongful death attorney can help.
An attorney specializing in wrongful death cases will investigate the circumstances of the accident, consult with experts (such as economists, medical professionals, and vocational specialists), and use their legal knowledge to determine an appropriate amount of compensation. They can also work with insurance companies, negotiate settlements, and advocate for your family in court if necessary.
How to Maximize Compensation in a Wrongful Death Case
While no amount of money can bring your loved one back, a fair settlement can provide financial stability during an incredibly difficult time. To maximize compensation, it’s important to:
- Act quickly: Ohio has a statute of limitations that limits the time you have to file a wrongful death lawsuit. You typically have two years from the date of death to file a claim. If you wait too long, you may lose the right to seek compensation.
- Gather evidence: The more evidence you can provide about the circumstances surrounding the death and the financial impact on your family, the stronger your case will be. This includes medical records, witness statements, accident reports, and financial documentation.
- Hire an experienced lawyer: A wrongful death attorney can help you navigate the legal process, ensuring that all potential sources of compensation are explored. They can also negotiate with insurance companies to secure the best possible settlement for your family.
Legal Help After a Tragic Loss from a Wrongful Death Attorney
Losing someone to negligence is never easy, and pursuing a legal claim may feel overwhelming. A wrongful death attorney from Obral Silk & Pal Personal Injury Lawyers can help your family take action while respecting your time to grieve. We’re here to support families in Lorain during some of their most difficult moments. Reach out at 216-529-9377 to schedule your free consultation and learn how we can assist you.