Losing a loved one is devastating, and the pain is even greater when their death is caused by someone else’s negligence.
Under Ohio law, family members of the deceased can file a claim against the responsible party through a wrongful death lawsuit.
Wrongful Death Lawsuits in Ohio
A wrongful death lawsuit is a civil case brought by the family of the victim, whose death resulted from someone else’s reckless or harmful actions.
Common scenarios that lead to wrongful death lawsuits include:
- Medical malpractice
- Product defects
- Car accidents
- Criminal violence
In Ohio, wrongful death lawsuits must be brought by the personal representative of the deceased. The representative is typically appointed in the deceased’s will, but if no one was named the courts will choose someone.
In most cases, damages can only be recovered by the deceased’s immediate family members, including their spouse, children, or parents.
In wrongful death lawsuits there are 2 parties involved, which are the plaintiff and the defendant.
- Plaintiff: The personal representative of the victim who files the lawsuit.
- Defendant: The person or party whose actions caused the death.
While no amount of compensation can bring back a loved one, a wrongful death lawsuit can ease the emotional and financial burden caused by the loss.
Economic Damages
Economic damages are intended to compensate the family for the financial losses that the death caused. These can include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of financial support
- Loss of future earnings
- Loss of inheritance
- Loss of benefits (health insurance, pension, etc)
In Ohio, there is no cap on economic damages, meaning that families can be compensated for the entirety of financial losses.
Non-Economic Damages
Non-economic damages compensate for the emotional and intangible losses suffered due to the death.
These damages compensate for:
- Loss of consortium
- Emotional distress
- Loss of support
- Loss of affection
- Loss of services (childcare, home maintenance, etc)
Like economic damages, non-economic damages are not capped in Ohio. However, determining the compensation amount can be challenging because these losses don’t have a monetary value.
Punitive Damages
Punitive damages are awarded on top of non-economic and economic damages, however, these aren’t awarded in all wrongful death cases. Punitive damages are only awarded in cases where the defendant acted egregiously or intentionally caused harm.
Examples of when punitive damages could be awarded include:
- A drunk driver causing a fatal accident.
- A medical provider intentionally harms their patient.
- A manufacturer knowingly sells a defective product, leading to a deadly incident.
Unlike economic and non-economic damages, where the purpose is to compensate the family, punitive damages punish the defendant. It is also to deter others from doing similar actions in the future.
Punitive damages are paid directly by the defendant because insurance companies typically do not cover them.
If the defendant can’t pay out the damages, collection methods are in place such as:
- A portion of every paycheck goes toward damages.
- Funds are taken from their bank account.
- Their assets are seized.
The compensation for economic, non-economic, and punitive damages can vary based on numerous factors.
Factors That Impact the Amount of Recoverable Damages
Factors that can impact the amount of compensation the family can recover, include:
- The deceased’s age and health at the time of death.
- The deceased’s financial contributions to the family.
- The deceased’s role in the family.
- The severity of the recklessness that caused the death.
Typically, a jury will listen to the case to determine the damages to award. However, this process can be unpredictable. Some jurors may think the family deserves less compensation, while others may think they deserve more.
Challenges In Recovering Damages
Wrongful death cases are complex and can be challenging to prove. To have a successful case, 4 key elements need to be proven.
These include:
- Duty of care. The defendant had an obligation to act with a reasonable level of care.
- Breach of care. The defendant acted negligently or intentionally caused harm.
- Causation. The breach of care directly caused death.
- Damages. The family suffered emotional, and financial losses due to the death.
However, even if these elements are established, the defense will aggressively fight the claims to limit their client’s liability. For this reason, it is essential to work with an experienced wrongful death attorney to represent your family.
Importance of Legal Representation
Legal representation is extremely important in wrongful death lawsuits, due to the complexities of these cases.
Wrongful death attorneys will:
- Investigate the circumstances of the death.
- Determine who was at fault for the death.
- Gather key evidence.
- File the lawsuit for the family.
- Negotiate for a settlement
- Represent the family at trial (if needed)
An attorney will also provide guidance and support throughout the legal process, ensuring your family receives the justice they deserve.
Contact Our Wrongful Death Attorneys
Though nothing will bring your loved one back, your family may be able to receive justice for them through a wrongful death lawsuit.
Contact our wrongful death attorneys by dialing (440) 333-3800, or by filling out our contact form. We will reach out to you as soon as possible to set up your free initial consultation.