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Why File a Wrongful Death Claim for Compensation?
It can be intimidating and confusing to hear about wrongful death claims when you have suffered a sudden and traumatic loss. The mere mention of a lawsuit raises questions regarding if and when you can file a claim.
One of the reasons you may benefit from moving forward with a legal claim following your loved one’s death is because of the potential financial outcome. Your injuries following your loved one’s sudden death may entitle you and your other surviving family members to receive compensation. A wrongful death case may help your family avoid financial distress following this loss. It can also help you prepare for a more secure future.
To learn more about damages in wrongful death cases and whether a wrongful death claim is right for you and your family, contact us at Kisling, Nestico & Redick right away. Call us at 1-800-HURT-NOW, or contact us for a free and confidential case consultation.
What Wrongful Death Compensation Can I Receive?
Based on Ohio Statute §2125.01, you may be entitled to wrongful death damages if you lost a loved one in an accident caused by another person or business’s negligence, recklessness, or intentional misconduct.
When another party is at fault for your parent, spouse, or child’s death, the personal representative of your loved one’s estate may have the right to file a wrongful death claim and pursue compensation for the financial and emotional losses resulting from your loved one’s death. If the estate is successful in reaching a settlement with the at-fault party or their insurer, then the compensation is distributed to the surviving family members.
Damages in a Wrongful Death Case
Damages refer to a specific injury or loss for which you can be compensated. In general, damages can refer to physical, psychological, and financial injuries. During a wrongful death case, you have a number of potential damages resulting from emotional harm and economic loss.
You may seek compensation for economic damages, including:
- Funeral and burial expenses
- Medical expenses sustained prior to your loved one’s death
- Loss of the individual’s income
- Loss of the individual’s benefits like health insurance or a pension
- Loss of a prospective inheritance from that family member
You also may pursue compensation for non-economic damages, including:
- Mental anguish
- Loss of your loved one’s services like housework and childcare
- Loss of companionship and society
- Loss of consortium, which is the intimate relationship between spouses
Wrongful Death Punitive Damages
Punitive damages are extremely rare in Ohio wrongful death cases. Punitive damages are not intended to compensate you and your family for your loss. Instead, they are meant to punish the individual who caused your loved one harm, and prevent them from behaving in a similar fashion again.
Punitive damages are only awarded if the defendant’s behavior was more than careless. Their behavior would have to have been malicious or had to have shown a disregard for human life. Only if the defendant’s actions were particularly egregious or abhorrent would it be possible for you to obtain punitive damages through a wrongful death claim.
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