A claim for wrongful death arises when one is killed due to the negligence of another. In that instance the victim’s next of kin are entitled to monetary damages. A suit for wrongful death may only be brought by the personal representative of the decedent’s estate. Actions for injury, conscious pain and suffering or expenses incurred prior to the decedent’s death are also brought by the personal representative.
Only the executor of the decedent’s estate can file the wrongful death suit and only those designated by statute are entitled to receive compensation. If you have recently lost someone due to another party’s negligence, it is important that you contact a wrongful death trial lawyer immediately to determine your rights.
In Ohio R.C. 2125.02 states that compensatory damages in a wrongful death action may include damages for the following:
- 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, 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 of the decedent;
- Loss of prospective inheritance of the decedents’ heirs at law at the time of the decedent’s death; and
- The mental anguish incurred by the surviving spouse, dependent children, parents, or next-of-kin of the decedent.
Motor Vehicle Collisions
Negligent operation of motor vehicles accounts for thousands of accidents each year. When someone dies as a result of another party’s negligence in the operation of a motor vehicle, one should consult with an experienced wrongful death trial lawyer regarding the rights of the estate to pursue a wrongful death claim.
Medical Malpractice
Thousands of medical mistakes and incorrect diagnoses occur each year. A mistake or misdiagnosis that does not cause significant harm or injury is not often worth pursuing. However, negligence or malpractice that leads to death may be a basis for consultation with a medical malpractice trial lawyer regarding a wrongful death lawsuit.
Drowning
Drowning is the second leading cause of death among children and can occur in as little as two inches of water. All too often, drownings in pools and other bodies of water are the result of negligence. If a child suffers a drowning death due to the negligence of a third party, one should consult an experienced trial lawyer regarding the rights of the child’s estate to pursue a wrongful death claim.
Pecuniary Loss
When determining pecuniary loss, it is relevant to consider the age and condition of the decedent, his/her earning capacity, life expectancy and health as well as the circumstances of the beneficiary. The main consideration in awarding pecuniary damages is the decedent’s circumstances at the time of death. The jury may consider the decedent’s earnings at the time of death, the last known earnings of unemployed and potential future earnings.
Loss of Companionship and Mental Anguish
The two other largest components of damages are for the loss of the decedent’s companionship and mental anguish of each beneficiary who is entitled to testify regarding same at trial.
The younger the decedent, the higher the potential value of the wrongful death claim. The larger the number of beneficiaries, the higher the potential value as well.
Caps on Non-Economic Damages
The caps on non-economic damages set for in R.C. 2323.43, R.C. 2305.18, R.C. 2744.02 and R.C. 3345.40 (double check) have no applicability to wrongful death actions.
Are Wrongful Death Settlements Taxable?
The proceeds from a settlement of a wrongful death claim are not taxable.
Statute of Limitations
The deadline in Ohio for pursuit of a wrongful death claim is two years after the decedent’s death.
Sample Wrongful Death Lawsuit
Click the link for a Sample Complaint for wrongful death in a medical malpractice action. In Ohio one is not permitted to state the amount of damages sought other than to ask for more than $25,000.
