Our readers may have seen a previous post here that discussed the basic elements of a wrongful death claim. Proving damages is one of the essential elements of such a claim. But, what damages are available when Ohio residents are successful in pursuing a wrongful death claim?
Well, for starters, the financial impact of the death of the loved one in question is the most substantial part of the damages that are sought in a wrongful death lawsuit. The biggest part of this type of damage is typically how much the deceased person would have earned in income if not for the untimely death. This can result in a somewhat complicated formula for determining the recoverable amount, which will usually include an analysis of the deceased person’s age, earning capacity, and the person’s life expectancy if not for the untimely death. In essence, the biggest portion of the damages sought is what the deceased person would have earned and contributed to the family’s financial stability over the course of an expected lifetime.
There are other recoverable damages, too. Oftentimes those affected by a wrongful death will have rightful claim to compensation for loss of support, medical expenses, and funeral costs. These damages can be quite extensive and must be proven before they can be recovered.
In some cases, it is necessary for expert witnesses to testify as to the damages aspects of a wrongful death case. After all, it isn’t exactly an easy part of a case for jury members to figure out on their own. An expert can help explain why the damages sought are realistic and expected.
Anyone who has lost a loved one due to the negligent or reckless actions of another party, including those who lose a loved one in a workplace accident, may be able to pursue a wrongful death lawsuit to recover financial damages. Ohio residents who find themselves facing the aftermath of these unfortunate situations may need to get more information about their legal options.