Damages and Compensation in Ohio Wrongful Death Claims

Wrongful death form and stethoscope on a table. Visual concept for legal blog on wrongful death claims.

The loss of a loved one can be a tragic, painful, and life-changing event. That loss is made worse if you believe your loved one was killed because of someone else’s negligence or wrongful act. In Ohio, the family of a deceased person can seek compensation for the loss of a loved one by filing a claim for wrongful death damages.

An Ohio wrongful death claim is filed by the personal representative of the deceased person in the name of the deceased person’s estate. It seeks compensation to benefit the surviving spouse, children, and parents of the deceased. The family of the deceased person may also be able to file a lawsuit seeking compensation for the underlying negligence that caused the death of their loved one and a survivorship claim seeking compensation for the pain and suffering their loved one experienced.

At The Robenalt Law Firm, Inc., we understand that no amount of money can bring your loved one back. But financial compensation can replace lost income and inheritance, pay for the cost of future living expenses, and provide closure knowing that justice has been served.

For over three decades, our Ohio wrongful death attorneys have been privileged to help families cope with the tragic loss of a loved one. We have a proven track record of success handling lawsuits for wrongful death and the negligence that often accompanies them. We can help your family navigate this complex and emotional process and seek the compensation you deserve.

Wrongful Death Damages in Ohio

Under Ohio's wrongful death statute, the family of the deceased person can seek compensation when the loss of their loved one was caused by someone else’s negligence or other wrongful act.

Money recovered in a wrongful death lawsuit does not become an asset of the estate of the deceased person. Instead, money recovered in a wrongful death lawsuit is allocated to specific beneficiaries designated under Ohio’s wrongful death statute, typically the surviving spouse, children, or parents of the deceased.

Ohio’s wrongful death statute allows the family of the deceased person to seek compensation for:

  • Economic damages, including the cost of medical care and treatment, funeral and burial costs, lost wages, and costs associated with child care and lost inheritance.
  • Non-economic damages for the pain and suffering experienced by your loved one and the family members they left behind.
  • Loss of society, which includes the loss of companionship, consortium, advice, protection, and assistance.
  • Punitive damages to punish the defendants for their wrongful conduct and deter similar wrongful conduct in the future.

Most wrongful death lawsuits are accompanied by additional claims for negligence. Claims for wrongful death often arise in connection in the context of medical malpractice, nursing home abuse or neglect, automobile, motorcycle, or trucking accidents, workplace injuries, or because of defective products.

What Is the Ohio Statute of Limitations for a Wrongful Death Lawsuit?

Ohio has a two-year statute of limitations for filing a wrongful death claim. However, because most claims for wrongful death are accompanied by other claims of negligence, shorter time limits may apply. To protect your family’s right to recovery, we recommend contacting our Ohio wrongful death lawyers as quickly as possible.

Proving a Wrongful Death Lawsuit in Ohio

Claims for wrongful death in Ohio are extremely complicated, and most wrongful death claims are accompanied by additional claims of negligence and a survival action. Hiring an experienced Ohio wrongful death lawyer substantially increases your likelihood of a successful result.

To prove your wrongful death case, you will need to gather evidence to prove the cause of death and establish your family’s measure of damages. Most wrongful death claims require testimony from multiple experts in diverse fields.

In addition to proving wrongful death, you will need to gather and present evidence to prove the negligence that caused the death of your loved one.

Most Ohio wrongful death claims also include a survivorship claim. Ohio’s survivorship statute allows the family of the deceased person to recover compensation for the conscious pain and suffering their loved one experienced before they died. The claim represents the lawsuit your loved one would have been able to file had they survived.

Unlike the claim for wrongful death, which seeks compensation on behalf of the family of the deceased person, a survivorship claim seeks compensation for the harm to the deceased person. It does not include compensation for the loss and suffering experienced by the family members who were left behind. Money recovered in a survivorship claim becomes part of the deceased person’s estate and is distributed according to the estate plan or, if there was no estate plan, according to state intestacy laws.

Robenalt Law: Ohio Wrongful Death Attorneys Who Fight For You.

After the loss of a loved one, it may be difficult to think about protecting your family’s financial legacy. But the time for filing a wrongful death claim passes quickly. If you fail to act, your family could lose the right to recover much-needed financial compensation. Fortunately, you don’t need to go it alone.

The Ohio wrongful death attorneys at The Robenalt Law Firm can ease your burden and help your family recover the compensation they deserve. We will investigate the circumstances that led to the death of your loved one and build a compelling case to hold the wrongdoers accountable for the harm they caused.

To learn more, call (216) 223-7535 or fill out our online contact form today to schedule a free, confidential, no-obligation consultation to discuss your situation and how we can help.

Categories: Wrongful Death