Wrongful Death Damages | Attorney for Wrongful Death Damages

Wrongful Death Damages

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Wrongful Death Damages

Understanding Wrongful Death Damages

Losing a loved one is one of the most difficult experiences anyone can go through. If the death of your family member was caused by someone else’s negligence or wrongful act, it can be even more devastating. In Ohio, the family of a victim of wrongful death can file a wrongful death claim as a legal recourse for having lost a loved one in such horrific circumstances. In this article, I will explain what wrongful death damages are, and how shattered families can seek justice.

What are Wrongful Death Damages?

Damages that are awarded in a wrongful death lawsuit is monetary compensation given to the surviving family members of the person who died as a result of someone else’s negligence or wrongdoing. The damages are intended to compensate the family members for the financial and emotional losses they have suffered due to the death of their loved one. These damages can cover a wide range of losses, including:

Funeral and burial costs

These costs can include fees for services such as embalming, transportation, preparation of the body, and the casket or urn. Additionally, there may be charges for a memorial service or funeral ceremony, including fees for the location, decorations, and the officiant. Burial expenses in wrongful death cases can include costs for: a grave or crypt, grave liner or vault, opening/closing of the grave, headstone or grave marker, flowers or other decorations. Your family has suffered a terrible loss, and as such deserve compensation for the funeral expenses for your loved. Let me help you, like I have helped so many families before you.

Medical bills, related to loved one’s death and decedent’s pain

Medical costs related to a loved one’s death are expenses incurred from medical treatment provided to the deceased prior to their passing. Wrongful death claims may include hospital stays, diagnostic tests, surgical procedures, medication, and other medical expenses. In most cases, the departed person’s estate is responsible for paying these bills. Bring your wrongful death case to me, and I will do everything possible to see that your claim is awarded.

Loss of income

Often, a wrongful death claim exists because the family is left without their primary source of income due to the wrongful death of their loved one. Claims consist of filing supportive documentation to show how much the deceased person would have provided to their surviving spouse, children, or other family members, had they not died due to the wrongful actions of another party. A wrongful death claim can include the deceased person’s income, benefits, retirement savings, and other forms of monetary support that would have been available to their dependents. In calculating the financial compensation for the amount of income or financial support lost; factors such as the deceased person’s age, earning potential, and life expectancy may be considered.

Loss of companionship and consortium

Your family deserves justice, and although it’s impossible to quantify non-economic losses, this covers the loss of love, affection, companionship, and other intangible benefits. In other words, loss of companionship or consortium compensates for the emotional and relational impact of the deceased person’s absence on their loved ones. It may also include the loss of the deceased person’s guidance, care, and support, as well as the loss of the family’s ability to enjoy activities and experiences with the deceased person.

Help with household services

The assistance and support the loved one provided to their household, which may include cooking, cleaning, child care, and other domestic tasks can be part of the claim. The value of household services in wrongful death cases can be calculated based on factors such as the age and skill level of the deceased person, the amount of time they spent performing household tasks, and the cost of hiring someone to perform those tasks.

Pain and suffering

The constitutes the physical and emotional distress the decedent experienced prior to his/her death as a result of the negligent or wrongful act. This can include physical pain, mental anguish, emotional distress, and loss of enjoyment of life. In a wrongful death lawsuit, the surviving family members may be able to recover damages for the pain and suffering their loved one experienced prior to their death. These damages may be awarded as a part of the overall compensation the defendant is ordered to pay in the wrongful death suit.

Punitive damages (in cases of extreme negligence or wrongful act)

Punitive damages, also known as exemplary damages, can be awarded in a wrongful death case in Ohio. These damages are meant to punish the defendant being sued for wrongful death, for their reckless or intentional misconduct. Punitive damages are not meant to compensate the plaintiff for actual losses, but rather to deter the defendant from engaging in similar conduct in the future. They are awarded in addition to any other compensatory award, thus increasing the plaintiff’s total award.

How are Wrongful Death Damages Determined?

The amount awarded in a wrongful death case depends on a variety of factors, including the age, income, and life expectancy of the deceased, as well as the financial and emotional losses suffered by the surviving family members. Wrongful death lawsuits and damages are typically determined by a jury, or in some cases, through a settlement negotiated between the parties involved.

Who is Eligible to Receive Wrongful Death Damages?

The eligibility for a wrongful death claim varies by state. Ohio wrongful death claims are only allowed to be filed by one family member, the personal representative. For instance, one of the deceased’s parents may file a claim, but not both. However, both parents may be awarded damages, as the non-filing parent can speak up in court and prove they are also due damages. The personal representative files the lawsuit, but during the hearing other family members can make their case for why they deserve to receive damages as well. The judge will determine the financial damages that are awarded to each person who seeks compensation.

How Can I Help with Wrongful Death Damages?

If you’ve lost a loved one due to someone else’s negligence or wrongdoing, call me! As one of the top wrongful death attorneys in the state of Ohio, I have more than 40 years of experience handling wrongful death cases. I will help you understand your legal options to pursue monetary compensation for the tragic death of your loved one. As a wrongful death lawyer, I can assist you in filing a claim, negotiating a settlement, or representing you in court. As your attorney, I will help you determine what damages you may be entitled to, and provide guidance on the best course of action for your specific case.

Conclusion

Losing a loved one is devastating, but it can be especially difficult when the death of your family member was caused by someone else’s negligence or wrongful act. Wrongful death laws are in place to help the surviving family cope with the financial and emotional losses they have suffered. If you believe you may be eligible to file a wrongful death claim, it’s important to speak with me as soon as possible. As your wrongful death attorney, I will help you understand your legal rights, hold those accountable for your loved one’s death, and seek the largest compensation to which you are entitled!

If you have additional questions about wrongful death, or want to file a claim of wrongful death after unexpectedly losing your loved one, contact me and I’ll Make Them Pay!®

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The Law Offices of Tim Misny

3.7

Based on 130 reviews

14:32 20 Sep 23

Christine Filippelli

01:55 18 May 23

DeAndre Merritt

06:58 23 Mar 23

23:46 01 Aug 22

I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.

Jennifer Malainy

22:44 19 Jul 22

My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM MISNY and he will make them pay!! God Bless.

01:16 16 Feb 22

I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful, professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!

20:12 21 Jan 22

It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.

14:33 06 Dec 21

Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!

Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)

02:43 27 Nov 21

Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil Pursuits!City, State and Above State Level Situation .Pro Se !

12:56 04 Nov 21

Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.

Brandon Hagerdon

20:53 18 May 21

I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.

19:26 30 Mar 21

Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.

13:29 20 Jan 21

My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.

18:55 21 Dec 20

If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Tim

PJ Camargo/Authentik Movement Training

01:51 22 Oct 20

I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer & 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!

16:49 10 Oct 20

Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.

04:44 09 Oct 20

As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mike

21:02 04 Oct 20

Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.

Benjamin Firstenberg

19:32 28 Sep 20

I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.

01:13 30 Jun 20

I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.

00:16 17 Jan 20

WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!

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THE LAW OFFICES OF TIM MISNY

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127

Phone: 1-800-556-4769
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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.