Types of Damages You Can Recover in an Ohio Wrongful Death Claim

A wrongful death can leave surviving loved ones suffering not only emotionally but also financially. According to Ohio Revised Code Section 2125.01, a wrongful death arises when someone dies because of the neglect, wrongful act, or default of another. When such a death occurs, the personal representative, administrator, or executor of the deceased person’s estate can bring forward a wrongful death claim on behalf of the decedent’s “next of kin,” which includes any surviving children, spouse, and parents. While pursuing a wrongful death claim cannot undo what has already happened, it can help families secure much-needed financial compensation and hold the responsible party liable for their actions.

If you recently lost a loved one in Ohio because of the neglect, wrongful act, or default of another, one question that might be on your mind is, “What types of damages can you recover in an Ohio wrongful death claim?” Read on to learn about some of the types of damages that are recoverable in an Ohio wrongful death claim.

Damages You Can Recover in an Ohio Wrongful Death Claim

Just like in personal injury cases, claimants can seek different types of damages in an Ohio wrongful death claim. One of the types of damages that can be awarded in an Ohio wrongful death case is compensatory damages. Compensatory damages are meant to compensate surviving loved ones for the losses suffered.

Compensatory damages fall into two categories: economic and non-economic damages. Some of the economic damages recoverable in an Ohio wrongful death claim include;

• Loss of the decedent’s services, such as child care, housework, and home maintenance
• Funeral and burial expenses
• Reasonably and necessary medical expenses incurred before the individual’s death
• Loss of financial support based on the decedent’s earning capacity
• Lost benefits related to the decedent’s employment, such as pension funds and health insurance costs

Non-economic damages that can be awarded in an Ohio wrongful death case include the following;

• Loss of the decedent’s companionship, love, care, guidance, or instruction.
• The mental anguish the surviving loved ones have experienced due to their loved one’s death

Punitive Damages in Ohio Wrongful Death Claims

In Ohio, another type of damages that may be available in a wrongful death claim are punitive damages. However, these damages are rare in Ohio wrongful death cases. This is because these damages are meant to punish defendants rather than compensate claimants. According to Ohio Revised Code Section 2315.21, punitive damages are only recoverable if the defendant’s actions or omissions demonstrate malice or aggravated egregious fraud. Punitive damages cannot be awarded in a case of ordinary negligence.

It is also vital to note that punitive damages cannot be awarded if there are no compensatory damages. A case for compensatory damages must be made before you can seek punitive damages. Additionally, the court generally cannot award punitive damages that are more than two times the amount of the compensatory damages awarded.

Laws are constantly changing. It is crucial that if you have a wrongful death case, you consult with a qualified attorney who is familiar with the most current Ohio laws.

Contact a Columbus Wrongful Death Lawyer

Our skilled and dedicated Columbus wrongful death lawyers at the law firm of Brian G. Miller CO., L.P.A., can help you recover the compensation you deserve for the damages you have suffered because of the death of your loved one. Contact us today to learn more about how we can help you.

Source:

codes.ohio.gov/ohio-revised-code/section-2315.21