Wrongful death damages are an important Ohio legal remedy for family members who have suffered the loss of their loved one in a workplace accident, construction accident or in some other way. A wrongful death claim for damages can also hold a third-party responsible for the wrongful death accountable.
Though survivor’s benefits may be available through workers’ compensation, when a third party negligently caused the wrongful death, family members may be able to pursue damages through a wrongful death claim for damages. Wrongful death damages can be more comprehensive than workers’ compensation options. At the same time, it is important to keep in mind that wrongful death damages depend on the unique circumstances and characteristics of the victim.
Wrongful death damages are considered pecuniary damages or money damages. When calculating damages it is necessary to place them in economic terms, though it is impossible to quantify the loss of a loved one in money. Damages that may be available through a wrongful death claim can compensate family members for medical and funeral expenses; loss of support and services; and the lost prospect of inheritance. To determine pecuniary loss, the court may consider the age, character and condition of the lost loved one; the health and intelligence of the lost loved one; the earning capacity and life expectancy of the lost loved one; and the circumstances of the surviving family members.
Wrongful death damages are for the benefit of surviving family members as they struggle to cope with the loss of their loved one and may need assistance with the financial and emotional damages they are facing. Because a wrongful death claim is an important resource for surviving family members, it is valuable for them to ensure all their questions are answered regarding a wrongful death claim.