What Types Of Damages Are Awarded in a Wrongful Death Claim?

Economic Damages in Wrongful Death Claims

If you’ve recently lost a loved one due to another party’s negligence and are looking into filing a suit, you’ll want a good understanding of all the damages that may be compensable. 

One of the types of damages that is compensable in a wrongful death case is economic damages. They include things such as:

• Medical expenses prior to death;
• Funeral expenses;
• Loss of the victim’s earnings;
• Loss of work-related benefits, e.g., pension plan and health insurance;
• Loss of inheritance; and
• Value of the services that the victim would have provided.

Non-Economic Damages

Whereas most economic damages can be calculated using things such as tax records, receipts, statements and work history records, non-economic damages are intangible and more difficult to ascertain. Non-economic damages often refer to emotional losses.

 When determining the value of a wrongful death claim, some of the non-economic damages are: 

• Mental anguish of the heirs and family members;
• Loss of society;
• Loss of the care, advice, training, protection and nurturing their loved one would have provided;
• Loss of companionship; and
• Loss of consortium.

The state of Ohio places a limit (usually $250,000 - $350,000) on the amount of non-economic damages a claimant can receive for personal injury lawsuits. However, these limits do not apply for wrongful death claims. Article I, Section 19a of the Ohio Constitution specifically prohibits limitations on the amount of damages and compensation available for wrongful deaths.  If you are considering filing a suit to recover damages, secure an attorney with experience handling wrongful death claims.

Be Aware of the Time Limit on Bringing Your Claim

There is a time limit on filing a wrongful death claim. In Ohio, this time limit, called the statute of limitations, is two years. But if the death was related to a defective product, no claim may be brought against the manufacturer more than 10 years after it was delivered to its first purchasers. But this 10-year rule doesn’t apply if the manufacturer is found to have committed fraud that contributed to the death.

There is a lot of confusing fine print about the statute of limitations, to say the least. In fact, a lot of the wrongful death laws, which are detailed under Ohio Revised Code 2125.02 can be hard to follow. You should direct your specific questions to a local wrongful death attorney to be certain you understand your legal rights and the process required to pursue wrongful death compensation.

 Consulting a Wrongful Death Attorney

 If you are looking for an attorney in the Cleveland area, we invite you to call Ryan, LLP, a firm with more than 40 years of experience. We strive to help survivors obtain fair compensation for their wrongful death damages. Contact our office today at (877) 864-9495 to schedule a free case evaluation.

About the author of this article: Thomas Ryan