Wrongful Death Claims Versus Survival Claims in Ohio: What’s The Difference?

The unexpected loss of someone you love can result in emotional pain, feelings of loss, and significant financial hardship. When a loved one dies because someone else was negligent, surviving family members may be entitled to financial compensation. However, obtaining the compensation your family deserves after the sudden loss of a loved one is a complex and overwhelming process.

The wrongful death attorneys at Robenalt Law understand the complex laws that apply to Ohio wrongful death and survivorship claims. We can evaluate your situation, advise you on your options, and fight for the compensation you and your family deserve.

Contact our law office today to schedule a free, no-obligation consultation to discuss your situation and how we can help.

Legal Claims for Losses Caused by Someone Else’s Negligence

When a person dies and someone else was at fault, the deceased person and their family usually have two different legal claims available.

Wrongful Death

An Ohio wrongful death claim is filed by the executor of the deceased person’s estate to seek compensation for the surviving spouse, children, and parents of the deceased person. A wrongful death claim seeks compensation for:

• Loss of support
• Loss of services
• Loss of society, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education suffered by the surviving spouse, dependent children, parents, or next of kin
• Loss of prospective inheritance
• The mental anguish suffered by the surviving spouse, dependent children, parents, or next of kin

Compensation for wrongful death is awarded to the decedent’s surviving family members, including their spouse, children, and parents.

Survivorship

A survivorship claim refers to claims for negligence the deceased person would have had if they had survived. Because the claim belongs to the estate, any compensation received under the claim is an estate asset and is distributed the same way any other estate asset would be.

Survivorship claims are a type of personal injury claim that can be filed when an accident causes injuries that result in wrongful death. The legal claim “survives” the death of the deceased person, who can pursue compensation for losses they sustained as a result of the accident. This includes economic damages such as medical bills, lost wages, and loss of earning capacity, as well as non-economic damages like conscious pain and suffering, mental anguish and awareness of impending death, emotional distress, and loss of enjoyment of life.

How is a Wrongful Death Claim Different from a Survivorship Action?

Wrongful death and survivorship claims are two types of legal action that can be filed when a person dies because of someone else's negligence or misconduct.

• A wrongful death claim is filed by the deceased person’s estate to compensate family members for their losses caused by the death of a loved one.
• A survivorship claim compensates the deceased person’s estate for losses and pain and suffering the deceased person experienced before death. Damages are distributed according to the deceased person’s Will or the laws of intestacy.

Get Help from Our Experienced Wrongful Death and Survivorship Attorneys

Navigating the legal system after the tragic loss of a loved one can be daunting. In addition to needing to understand the different legal claims available and complying with applicable filing deadlines, you will also need to deal with insurance companies who are trying to deny the claims or pay you as little as possible.

Let the wrongful death attorneys at Robenalt Law shoulder this burden so you can focus on grieving and healing from your loss. We are committed to helping families receive maximum compensation for the tragic loss of a loved one and have extensive experience handling wrongful death and survivorship claims.

Contact Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus, and handles wrongful death and survivorship claims throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.