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

In order for an attorney to make his/her case that a wrongful death occurred, he/she has to prove 4 things. It begins with ‘duty’, which states the defendant has a specific duty to follow the law or behave in a certain manner. The next step states that the defendant was negligent in following that duty. They broke the law or behaved in a manner that they shouldn’t have. After this, the attorney must prove the defendant’s behavior caused the death. Once these have been proven, the plaintiff’s attorney must demonstrate money is owed to the family of the deceased. This money is referred to as damages.

Who Can Receive Monetary Compensation for Someone’s Death?

Generally, the family member who files the wrongful death claim is the one who is awarded the damages. In Ohio, only one person is allowed to file the claim. For instance, one of the deceased’s parents may file, 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. Others who can file wrongful death suits include the deceased’s surviving spouse, as well as his/her children. In some cases, non-married life partners may as well.

Can Damages Cover Funeral Expenses?

Yes, the awarded damages can cover any and all of the funeral expenses. In cases where the deceased did not have life insurance, and the family paid for the wake. funeral, burial, and other expenses, the defendant may be forced by the court to cover those costs. Receipts for these expenses must be included in the court documents during the hearing.

What About Survival Claims?

A survival claim covers suffering the deceased may have endured prior to their death, and was the direct result of someone’s negligence. For example, if the deceased arrived at the hospital with abdominal pain and the attending physician failed to see signs of appendicitis, then the physician may be found at fault. However, If the appendix burst causing widespread infection and days of agony and ultimately death, their loved on can file a survival claim. If successfully proven, they may receive monetary damages for the survival claim.

Can Damages Include Income and Services?

Income and services are the most common damages awarded in a wrongful death case. Income damages are awarded based on future earnings the decedent would have made throughout the course of their life. The amount of monetary damages awarded depends on their position, education level, expected promotions, as well as their age at the time of their death. Additionally, the plaintiff may receive damages for services the decedent provided to them while they were alive. Examples of services include: yard work, home repairs, automobile repair, accounting, or other service they provided on a regular basis. Since the decedent can no longer provide the services, their loved one has to hire people to handle these services for them. Damages may be awarded to cover the cost of these services.

Will the Damages Include the Loss of My Companion?

It is very difficult to place a price tag on the loss of a loved one. Companionship, nurturing, and care all play a role in a relationship. With that said, the judge may decide the plaintiff is due damages for this part of their loss. No award can bring the person back, but the fund may help the survivor move forward and begin the healing process.

What About Medical Costs?

Yes, damages can be awarded in order to compensate for medical costs. It seems unfair for hospitals to send bills for the care of the deceased, but this does happen, especially when insurance doesn’t cover all of the cost.  Any medical bills, both paid and unpaid, can be introduced in court by the plaintiff’s lawyer. If the remainder of the wrongful death case has been proven, the judge may award damages to cover the medical expenses.

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

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The Law Offices of Tim Misny
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PJ Camargo/Authentik Movement Training
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!read more
Scott Plate
Scott Plate
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.read more
Mike M
Mike M
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.Mikeread more
Eric Evans
Eric Evans
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.read more
Benjamin Firstenberg
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.read more
David Shelton
David Shelton
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.read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

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.