Wrongful Death

When the unexpected death of a loved one happens, it can be difficult for those who are left to mourn. Sometimes friends and family members may try their best to understand this person’s life in order that they themselves might know how much he or she was cared about by others. Other times people find solace in memories before moving on without feeling so lonely anymore. A death of a loved one may be caused by accidents by someone’s negligence, on road or on work, ignoring that, a loss is a loss and deals tremendous damage in emotional, physical, and lastly financial aspects that renders a family or persons involved with a victim unproductive.

Wrongful death claims allow people who are close to a deceased person, as well as their estate if they have died without an estate, the opportunity to file suit against someone who is legally liable for that death. This may be due to negligence or some intentional act. No matter what the cause of action was, these lawsuits can help those left behind after this tragic event by providing them with compensation and closure so they no longer need worry about how long it will take before justice has been served in their case.

Life is full of ups and downs. But nothing brings people down as much as the death of a loved one – or, in some cases, their own mortality. When a person loses someone they care about deeply it can be difficult to find motivation for anything else going on in life; including managing finances responsibly which often leads them into additional debt or bankruptcy after experiencing such an emotional blow from loss that was devastating enough when combined with fiscal responsibility needs.

The loss of a loved one can create mental, emotional and financial strain for surviving family members. In cases where this loss is associated with the wrongful acts of another individual, a wrongful death claim may be necessary to obtain the compensation to which the survivors are entitled.  The process can be complex and may require presentation of the case to more than one court.  Securing the services of an experienced law firm can ensure the process is completed correctly and timely.

Losing a loved one can be an extremely traumatizing experience, leaving you with an absence that no one else can fill. Unfortunately, if you plan on holding a funeral to commemorate your loved one, you may face covering the costs of the entire event and all of its specifics. 

According to statistics provided by the National Funeral Directors Association, the median cost of a funeral in 2012 was between $7,045 and $8,343, depending on whether or not a vault was used in the cemetery. Here are some of the expenses that contribute to the average funeral cost.

The loss of life of a loved one in an accident can leave a family feeling devastated. And it can truly disrupt a family’s financial stability if the deceased was a major contributor to the family’s finances. Families who lose a loved one due to another party’s negligent or reckless actions may pursue a wrongful death claim against that party. Among the damages they may seek are those for lost wages, which is based on the deceased’s income. Below is an overview of calculating the loss of income in a wrongful death case in Ohio.

There’s no way to describe the pain parents feel when a child dies. Learning another party’s negligent actions caused the child’s death can make the situation all the more tragic. Parents who lost a child under these circumstances can file wrongful death negligence claim against the liable party. Below is an overview of wrongful death claims after a child’s death.

Unlike some states that impose a cap on the amount of noneconomic damages recoverable in a wrongful death action, the state of Ohio does not have a cap on wrongful death damages. This is per Ohio Constitution Article 1, §19a, which specifically states that damages recoverable by civil actions after wrongful death “shall not be limited by law.”  However, the courts must determine a fair amount of compensation based on the beneficiaries’ losses. Various factors will impact the types of damages that are recoverable.  These damages include loss of support from the reasonably expected earning capacity of the decedent, loss of services of the decedent, loss of the society of the decedent, loss of prospective inheritence, and the mental anguish incurred by the surving spouse, children, parents, or next of kin of the decedent. 

One of the more confusing aspects of a wrongful death and survival case is the distribution of funds for any settlement or judgment that is recovered.  Cases involving wrongful death and survival actions can include complex distributions.  This is because the portion that is recovered as the survival benefit must be distributed according to the decedent’s will, or if there is no will, through the state law on distribution.  The portion of the funds recovered for the wrongful death claim are distributed pursuant to a separate statute under Ohio law, regardless of whether the decedent left a will.

Dealing with the loss of a loved one is never easy. When that loss is caused by the negligence of another party, it’s often even harder. No one wants to think about filing lawsuits or money when coping with the death of a loved one, but eventually it’s something that families will have to face if another party is at fault and the family is suffering both emotionally and financially.

The damages collectible in these cases can vary widely. Families can contact an attorney for help evaluating the various damages for which the negligent party might be liable. Below is a brief outline of the damages commonly collectible in wrongful death cases.