What Is the Average Settlement for Wrongful Death Claims in Ohio?
In Ohio, when a loved one’s death occurs due to the neglect, wrongful act, or default of another party, surviving loved ones can recover financial compensation. Under Ohio law, the personal representative of the deceased person’s estate can file a wrongful death claim on behalf of the surviving loved ones and recover compensation on their behalf. While a wrongful death claim cannot bring back your loved one, it can provide you and your family with much-needed financial support. If you recently lost a loved one due to the neglect, wrongful act, or default of another party, you may be wondering how much your wrongful death claim is worth. So, what is the average settlement for wrongful death claims in Ohio? It is impossible to state an average settlement amount for wrongful death claims in Ohio. Every case is unique; therefore, the value of each case is dependent on the unique factors surrounding it. It is best to consult an attorney to learn what the potential values may be to a specific wrongful death case.
Factors That Can Influence the Value of an Ohio Wrongful Death Claim
Several factors can play a role in determining the value of an Ohio wrongful death claim, including the following;
- Economic Damages
After losing a loved one, you and your family are entitled to recover economic damages. Economic damages are generally the financial losses the surviving family members suffer because of the death. They include;
- Lost income
- Loss of financial support
- Medical expenses incurred before the death
- Funeral and burial expenses
- Loss of inheritance
The value of economic damages will impact how much your claim is worth.
- Non-Economic Damages
You may also be entitled to non-economic damages. These are the intangible losses you and your family have suffered due to your loved one’s death. Non-economic damages are more subjective and don’t have a clear monetary value. They include the following;
- Loss of consortium
- Loss of companionship and support
- Mental anguish and emotional distress
The value of non-economic damages will impact the value of your claim.
- Punitive Damages
Punitive damages, also called exemplary damages, are meant to punish the defendant. According to Ohio Revised Code 2315.21, punitive damages are only awarded in cases where there is enough proof that the defendant acted with malice or aggravated or egregious fraud. An award of punitive damages can significantly impact the value of your wrongful death claim.
- Comparative Negligence
Ohio is a comparative negligence state. According to Ohio Revised Code 2315.33, if the deceased was partly to blame for the accident or incident that led to their death, the compensation awarded will be reduced proportionately. For example, if the deceased was 30% at fault, the compensation will be reduced by 30%.
- Age of Dependents
The age of the dependents is another factor that can impact the value of a wrongful death claim. If the dependents are young, the settlement amount may increase.
- Legal Representation
Hiring an experienced wrongful death attorney is vital for ensuring you recover the maximum possible compensation.
Contact a Columbus Wrongful Death Lawyer
Our experienced Columbus wrongful death lawyers at the law firm of Brian G, Miller CO., L.P.A., can assist you in the wrongful death of your loved one.
Source:
codes.ohio.gov/ohio-revised-code/section-2315.33
