When someone is injured as the result of negligence, they have the option of pursuing a personal injury claim in order to recover compensation for the damages they suffered. But what happens when someone dies as the result of negligence? Who recovers damages for the loss?
In Ohio, if someone dies as the result of negligence, the family members and/or loved ones of the deceased may be compensated through a wrongful death action
However, when the law considers damages, the focus shifts away from the damages suffered by the victim and instead takes into account the damages suffered by the family members of the victim because of the victim’s death.
In other words, assuming negligence led to the victim’s death, the law will compensate the surviving family members for the following losses:
- Medical bills of the deceased
- Lost wages of the deceased
- Lost earning potential
- Loss of companionship/support
- Loss of benefits, such as healthcare
- Funeral expenses
- Pain and suffering of the family
The above-listed damages are compensatory damages. Compensatory damages are measured by actual loss. Determining compensatory damages requires examining the losses suffered by the Plaintiff, who in a wrongful death lawsuit, is the family member of the victim.
Punitive damages take into account the actions of the negligent party. The purpose of punitive damages is to punish the wrongdoer. However, punitive damages can only be awarded if the Defendant is found to have acted with actual malice. Negligent behavior is not enough.
Proving damages in a wrongful death case can be complicated and requires the help of an experienced personal injury lawyer.
Losing a loved one is incredibly difficult, and you don’t have to face it alone. If your loved one was killed as the result of someone else’s negligence, you need to call me at 1 (877) 944-4373. I can help you navigate the legal process and get you the compensation you need to support your family after a tragic loss.
As your Ohio Wrongful Death lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over 34 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at firstname.lastname@example.org or call at 1 (877) 944-4373.