Learn About the Types of Damages Available in Ohio from an Experienced Columbus Wrongful Death Lawyer

When filing a wrongful death claim in Ohio, it is essential to know how much your family is entitled to recover. The financial and non-financial losses resulting from your loved one’s death are referred to as your family’s “damages,” and these damages are likely to be substantial. To find out how much your family is entitled to recover, you will need to speak with experienced Columbus wrongful death lawyer who can thoroughly assess the long-term effects of your loved one’s untimely passing.

Types of Damages in Ohio Wrongful Death Cases

While the amount of damages your family may be entitled to recover depends on your family’s unique circumstances, the same types of damages are generally available in wrongful death cases. For example, a Columbus wrongful death lawyer may be able to help your family seek damages including:  

• Medical Costs – Compensation for any medical costs your loved one incurred prior to death, including emergency transportation and attempted life-saving measures.
• Funeral, Burial and Cremation Costs – Compensation for the costs of laying your loved one to rest following his or her untimely death.
• Estate Administration Costs – Compensation for the costs of administering your loved one’s estate, including identifying his or her personal representative and distributing the estate’s assets to beneficiaries.
• Loss of Future Income and Benefits – Compensation for the loss of income and benefits that your loved one would have earned during the remainder of his or her lifetime.
• Loss of Inheritance – Compensation for eligible beneficiaries’ loss of inheritance resulting from the deceased’s untimely death.
• Compensation for Your Loved One’s Pain and Suffering Prior to Death – Compensation for any pain and suffering that your loved one experienced as a result of the fatal accident prior to his or her passing.
• Loss of Care, Protection and Guidance – Compensation for the loss of care, protection, guidance, advice, training and nurturing that eligible beneficiaries would have received during the remainder of your loved one’s lifetime.
• Loss of Love, Society, Companionship and Consortium – Compensation for eligible beneficiaries’ loss of love, society, companionship and consortium resulting from your loved one’s wrongful death.

Punitive damages are available in some cases as well. To determine which damages your family is entitled to recover—and to determine how much your family is entitled to recover for each type of financial and non-financial loss—you will need to discuss your family’s case with an experienced wrongful death attorney. If you have tragically lost a loved one in a fatal accident, we encourage you to contact us promptly for more information.

Calculating Damages in an Ohio Wrongful Death Case

While the types of damages available in Ohio wrongful death cases are generally the same, the specific amount that family members can recover depends on the specific facts and circumstances involved in their case. When you hire a Columbus wrongful death attorney, your attorney will carefully assess all relevant facts and circumstances to ensure that he or she is seeking the full compensation your family is entitled to recover. In most cases, this will include assessing things like:

Whether the Victim Survived the Accident for a Period of Time

One factor that comes into play when calculating damages is whether the victim survived the accident for a period of time. If so, then the family is entitled to recover any medical expenses incurred prior to death as well as compensation for the victim’s pain and suffering, emotional trauma, and other non-financial losses prior to death.

Each Surviving Family Member’s Relationship to the Victim

Each surviving family member’s relationship to the victim also plays a role in determining the damages that are available. Different family members are entitled to financial compensation for different types of non-financial losses. For example, surviving spouses are entitled to financial compensation for their loss of consortium, while surviving children are entitled to financial compensation for their loss of guidance and support. Spouses, children and other family members may be entitled to various other types of non-financial damages as well.

The Victim’s Income and Career Status

In Ohio wrongful death cases, eligible family members can seek financial compensation for the loss of their loved one’s earnings and their future inheritance. As a result, the victim’s income and career status are important factors for calculating damages in these cases as well.

Generally speaking, the more the victim earned and the longer he or she had until retirement, the more eligible family members will be entitled to recover. When calculating damages for loss of earnings and inheritance, the focus is on how much the victim would have earned during his or her lifetime, taking into account any potential raises, bonuses, promotions and other relevant changes.

Any Potential Allegations of Contributory Fault

Another factor that can come into play in some cases is contributory fault. Under Ohio law, if the victim of a fatal accident was partially to blame for what happened, this can limit the amount his or her family can recover—and, in some cases, it can prevent families from recovering damages entirely. When you hire an experienced Columbus wrongful death lawyer, your lawyer will thoroughly investigate your loved one’s accident and use the available evidence to challenge any unwarranted allegations of contributory fault.

Any Grounds to Pursue a Claim for Punitive Damages

After investigating the accident, your lawyer will also determine if a claim for punitive damages is warranted. Punitive damages are intended to punish egregious conduct, such as driving under the influence and intentionally engaging in other life-threatening behaviors. If your family has a claim for punitive damages, these damages will be added to the compensatory damages your family is entitled to recover. Calculating punitive damages generally involves assessing the egregiousness of the at-fault party’s behavior and demonstrating its irreversible consequences.

Speak with a Columbus Wrongful Death Lawyer for Free

If you need to know more about your family’s legal rights following a fatal accident in Ohio, we encourage you to get in touch. We represent families statewide. To arrange a free, no-obligation consultation with a Columbus wrongful death lawyer at Malek & Malek Law Firm, please call 888-444-7440 or tell us how we can reach you online today.