What Damages Can I Recover in a Wrongful Death Claim?
February 26, 2021 | By Colombo Law
Studies have shown that the death of a loved one is usually the worst traumatic experience of one’s life. Such a loss can lead to many serious emotional and psychological challenges, especially when it was unexpected and caused by the negligence of another.
An unexpected death can also pose a significant financial burden. Surviving family members may be facing the cost of medical treatment, funeral expenses, and lost earning capacity – to name only a few hardships.
If you lost a loved one to someone else’s negligence, you should not have to bear these burdens alone. The wrongful death lawyers at Colombo Law can pursue the compensation you deserve. Contact our law office in Columbus or Cincinnati for a FREE consultation.
Economic Damages
Economic damages refer to the financial implications of a wrongful death, from direct expenses like funeral costs to future lost income. These losses can be categorized as follows:
Funeral and Burial Expenses
Unfortunately, funerals are not cheap. Some of the purchases you will need to make typically include:
- Burial
- Casket
- Embalming
- Transportation
- Monument
- And more
These expenses add up, which is why the average funeral ends up costing approximately $7,000 to $12,000.
Medical Expenses
In many wrongful death claims, the decedent received some degree of medical attention – possibly quite intensive – before passing. These medical expenses must still be paid, whether they were for emergency treatment, hospitalization, or end-of-life care.
Loss of Earning Capacity
Surviving family members may have relied upon the decedent’s income to live. Without it, you may not be able to pay your mortgage, put food on your table, or pay your bills.
In a wrongful death claim, you can pursue compensation both for the wages your loved one lost if they were unable to work prior to passing, as well for the loss of future income.
Loss of Prospective Inheritance
Similarly, if a wrongful death leads to the loss of a future inheritance, you can pursue compensation for this loss. An inheritance can mean a great deal for the future well-being of your family, and it’s important not to overlook this loss of financial support when consulting a lawyer about a wrongful death claim.
Non-Economic Damages
Of course, the financial side of a wrongful death is only part of the story, and often not the most challenging part. Instead, the emotional and psychological loss you have experienced – and the pain your loved one experienced before passing – can be the most difficult to overcome.
However, since these losses are not financial in nature, it can be less clear how much you may be entitled to in compensation. By contacting a wrongful death lawyer, you improve the likelihood of recovering the full compensation you deserve for your losses.
Loss of Society
Relationships are integral to our happiness and well-being, and no relationship is more important than the bond we share with family. Hence, when this is unfairly taken from us by someone’s negligent act, Ohio law allows for surviving family members to pursue compensation related to this loss.
According to the Ohio Revised Code concerning actions for wrongful death, compensable damages in a wrongful death claim include “loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education.”
Loss of Support
Beyond the loss of the relationship, you may have also relied on the help and support of the deceased in everyday life. This can include child care, housework, and other tasks that you now must find another means of completing. This additional burden can make it more difficult to enjoy the things you once used to enjoy, which is why you may also be able to recover compensation for lost support.
Mental Anguish on the Part of Surviving Family Members
As mentioned above, few things in life are as traumatic as losing a loved one, even more so when the death was unexpected. This pain can not only diminish your quality of life, but it could also affect your physical health and well-being.
Ohio law allows surviving spouses, dependent children, parents, and other next of kin to pursue compensation for this anguish.
Conscious Pain and Suffering on the Part of the Decedent
It’s difficult to think about, but before passing the decedent may have suffered significant pain as a result of accident-related injuries. This pain should not go unnoticed, which is why the law allows surviving family members to pursue compensation for it on behalf of their deceased loved one.
Punitive Damages
Unlike economic and non-economic damages, punitive damages are not awarded to compensate surviving families for their losses. Instead, punitive damages are meant as punishment for extreme, even malicious, acts of negligence.
If you believe the at-fault party in your case acted with extreme recklessness or malice, you and your family may be entitled to punitive damages. An experienced attorney can discuss all of the compensation you may be able to recover in a wrongful death claim.
Contact a Wrongful Death Lawyer Today
Wrongful death is the worst possible outcome of an accident, whether it be a car accident, work-related injury, a truck accident, or any other type of accident. For the surviving family members, we understand how challenging this can be and how important it is to have people on your side whom you can trust and who will do everything they can to fight for your best interests.
While it might be easiest to accept whatever offers come in from an insurance company, we firmly believe you should pursue maximum compensation against the negligent party for all damages you have endured. The wrongful death attorneys at Colombo Law are here to help.
Please call Colombo Law today at (614) 362-7000 in Columbus or (513) 599-8841 in Cincinnati for a FREE consultation. Our wrongful death lawyers serve clients in Columbus and throughout Ohio.
