Because there are many factors involved in determining the damages awarded in a wrongful death case in Ohio, there is no “average” settlement.
Factors That Can Affect the Value of a Wrongful Death Settlement
There may not be an average settlement for wrongful death in Ohio, but several factors can affect what you can recover, such as:
- The age of the victim
- Whether the victim was the sole or partial support of their household
- The victim’s past earnings and what their future earnings could have been
- What economic damages the victim’s family suffered
- The jury’s perception of the victim’s life in terms of whether their relationship with friends, family, and the general public was generally positive or negative
- How painful the grieving process is for family and loved ones
- The amount of available insurance coverage
- The jury’s perception of the person or entity responsible for the victim’s death
For a free legal consultation, call (614) 538-1116
Compensation You May Be Eligible to Recover in a Wrongful Death Settlement
There are several types of damages you may be able to recover for losses that you suffered. Examples include:
- Lost financial support
- Loss of services
- Loss of the society of the decedent
- Loss of inheritance
- Loss of consortium
- Funeral and burial expenses
- Mental anguish
The personal representative of the decedent can also file what is called a survival action. A survival action allows the estate to recover damages that occurred between when the negligent act occurred that caused the victim’s death to the time the victim died.
Damages could include medical expenses, the deceased person’s physical and mental pain and suffering, and lost wages.
We Handle All Types of Wrongful Death Cases
Wrongful death can result from any negligent or intentional action that causes injury. We handle many types of wrongful death cases, including:
Auto accidents are a common cause of wrongful death. This also includes bicycle accidents and pedestrian accidents. We can help you determine which party caused the accident that took the life of your loved one and hold them liable for your losses.
Commercial Truck Accidents
We also accept truck accident cases. Depending on the case, we might hold both a truck driver and the trucking company liable for your loved one’s death. They can be responsible if they fail to obey state regulations, improperly load the truck, fail to maintain appropriate weight limits, and drive for longer periods of time than legally allowed.
Any workplace can be dangerous. If your loved one suffered fatal injuries in a workplace accident, we may be able to hold the responsible party liable. While you cannot sue an employer for injuries, you can recover compensation if a third party was liable.
Product Liability Incidents
Many states have product liability laws that hold product designers, manufacturers, retailers, and others responsible for defective or dangerous products. If there is a design flaw or defect in the development and manufacturing of the product and someone is killed, the responsible parties can be liable in a wrongful death suit.
Premises Liability Incidents
You may have lost a loved one after they suffered an injury on another party’s property. This can include dog bites, slip and falls, and trip and falls. If we can prove that the hazard that harmed your loved one was foreseeable, you could recoup the cost of your losses.
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Who Can File a Wrongful Death Lawsuit in Ohio?
Per Ohio Revised Code (ORC) §2125.03, only a personal representative of the decedent’s estate can bring forth a wrongful death action for qualifying beneficiaries. If the decedent left a will, then the personal representative may have been named in that document. Otherwise, the representative will be determined by the court system.
Being the decedent’s spouse, child, or close family member does not immediately grant you the right to take legal action. We can determine whether you could recover compensation for your loved one’s passing.
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When to Bring a Wrongful Death Suit
The statute of limitations in a wrongful death suit in Ohio is generally two years from the date of the deceased person’s death, according to ORC §2125.02.
However, there are certain circumstances that may modify the way the statute of limitations runs. Your attorney will be able to determine your eligibility to bring a wrongful death suit for your specific circumstances.
Call Bressman Law Today
If someone you love has passed as a result of the negligence or bad behavior of another person or entity, you can file a wrongful death claim for compensation. Call Bressman Law for a no-cost consultation and case review.
Let us work toward the justice you deserve in your unique and complex case, keeping in mind that there is no average settlement for wrongful death in Ohio.
Call or text (614) 538-1116 or complete a Free Case Evaluation form