Losing a family member changes daily life in ways that aren’t always easy to measure. Along with the emotional loss, a family may be left without income, household help, childcare, guidance, and support.
When another person’s or company’s conduct caused the death, Ohio law allows the family to pursue a wrongful death claim. Determining what that claim should include depends on the person’s life, expected contributions, and relationships with surviving family members.
Who Can Recover Wrongful Death Damages in Ohio?
An Ohio wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. The representative brings the claim for the benefit of certain surviving family members, which may include the spouse, children, parents, and other next of kin.
A surviving spouse, child, or parent is presumed to have suffered damages from the death, although that presumption can be challenged. Other relatives may need to show how the loss affected them.
Any recovery is distributed among the eligible beneficiaries. The court may determine each beneficiary’s share based on factors that include the injury and loss each person experienced.
What Financial Losses Can a Family Recover?
Ohio’s wrongful death damages law permits compensation for the financial support the deceased person would reasonably have provided.
Lost financial support isn’t based only on the person’s income at the time of death. Factors such as age, health, education, employment history, benefits, career plans, and expected working years may all be relevant to the calculation.
Income is only one part of the financial loss. Families may also lose childcare, cooking, home maintenance, transportation, financial management, or care for another relative. Ohio law recognizes the value of those contributions even when the person wasn’t paid for them.
The law also permits damages for loss of prospective inheritance. This refers to the amount the deceased person’s heirs could reasonably have expected to inherit if the death hadn’t occurred.
Reasonable funeral and burial expenses resulting from the death may also be recovered.
Can a Family Recover for Lost Companionship?
Ohio permits damages for loss of society, a category that includes the loss of:
- Companionship and consortium
- Care and assistance
- Attention and protection
- Advice, guidance, and counsel
- Instruction, training, and education
Every family relationship is different. Testimony, photographs, messages, and details about everyday routines can help show what the person’s companionship, care, and guidance meant to the family.
A child, for example, may lose years of parental guidance and support. A surviving spouse may lose a life partner and the shared responsibilities that shaped their home. The claim should reflect the relationship rather than assign the same value to every family’s loss.
Is Mental Anguish Recoverable?
The emotional effects of losing a loved one are also part of an Ohio wrongful death claim. A surviving spouse, dependent children, parents, and next of kin may recover damages for the mental anguish caused by the death.
Family members may explain how the loss changed their daily lives and affected them emotionally. Counseling or medical records can provide additional evidence when available, but they aren’t required to show mental anguish.
How Is a Wrongful Death Claim Different From a Survival Claim?
Wrongful death damages compensate surviving family members for their own losses. A survival claim addresses harm the deceased person experienced before death.
The two claims may arise from the same event, but they address different harm. For example, a survival claim may include the medical expenses, lost wages, and conscious pain the person experienced before death, while the wrongful death claim addresses the family’s losses resulting from the death.
Talk With Beck Law Center About Your Family’s Loss
The financial and personal effects of a death are different for every family. Attorney Kimberly Beck represents families in serious personal injury and wrongful death cases and helps them identify the losses that may be included in an Ohio wrongful death claim.
If your family lost someone because of another party’s conduct, contact Beck Law Center for a free initial consultation when you’re ready to talk.
