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
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.
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!®