The death of a loved one as a result of the fault of another is called wrongful death. In Ohio, there are many types of damages that can be recovered. Although monetary damages can never make up for the loss, at least they may be able to help the family members partially put their life in order.
For instance, in the case of a man or woman that contributed economically to the family, this loss is entitled to be recovered. The following are the damages recoverable:
Compensatory damages may be awarded in a civil action for wrongful death and may include damages for the following:
- Loss of support from the reasonably expected earning capacity of the decedent;
- Loss of services of the decedent;
- Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent;
- Loss of prospective inheritance to the decedent's heirs at law at the time of the decedent's death;
- The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.
A personal representative appointed in this state, with the consent of the court making the appointment and at any time before or after the commencement of a civil action for wrongful death, may settle with the defendant the amount to be paid.
The person who can bring the lawsuit or claim is the person named by the probate court to administer the estate of the deceased.
Anthony Castelli is a Cincinnati Ohio personal injury and wrongful death trial attorney. Visit Cincinnati Personal Injury Lawyer
- This article is provided for informational purposes only. If you need help with a Wrongful Death Case click here to consult with Anthony D. Castelli or a wrongful death lawyer in your area.
