Losing a loved one is one of the most devastating experiences anyone can endure, and when that death is caused by another person’s negligence or wrongful actions or omissions, the grief is compounded with feelings of anger, confusion, and injustice. In Ohio, wrongful death laws allow families to seek compensation for their loss, but many survivors wonder if they can recover damages for income and financial support that would have been provided by the deceased family member, value of the services provided to the household, the reduced value of a prospective inheritance, mental anguish, and loss of companionship, care, consortium, advice, education, etc.
As a wrongful death attorney in Hamilton, Ohio, The Richards Firm has helped families navigate the complexities of wrongful death claims and pursue justice for the loss of a loved one. In this blog post, we’ll explore whether it is possible to sue for emotional distress and other non-economic damages in an Ohio wrongful death case.
What is a Wrongful Death Case?
Ohio law defines wrongful death as a death that occurs due to another person or party’s wrongful act or omission. When a close family member dies under certain circumstances, legal action can be brought. While wrongful death laws vary from state to state, Ohio does provide for various types of damages to be recovered in a wrongful death action.
What Types of Damages Can Be Included in a Wrongful Death Claim?
In Ohio, the family of the deceased person may be able to recover compensation for several types of damages. Some of the common aspects of a recovery in a wrongful death claim include the following:
- Mental Anguish: This refers to the intense emotional pain and suffering that the surviving family members experience as a result of the unexpected and tragic loss of a loved one. Mental anguish can include grief, sorrow, and feelings of helplessness or despair.
- Loss of Companionship and Society: The family members, particularly spouses, children, and parents, may experience a profound loss of companionship, love, and emotional support. Ohio law allows survivors to recover damages for the loss of this relationship, which is considered a significant emotional and social loss.
- Loss of Consortium: In the case of a spouse, the surviving partner may suffer the loss of intimate companionship and the physical and emotional support that the deceased provided. This can be particularly difficult for spouses who lose not only their partner but also their ability to share life’s moments together.
- Loss of Guidance and Support: In wrongful death cases involving children, surviving parents may recover damages for the emotional loss of their child’s guidance, care, and companionship. Parents may also experience emotional distress from the absence of a child’s presence in the family.
- Income and Financial Support: family members can recover the income or support the deceased would have provided throughout his or her lifetime.
- Value Provided to the Household: family members can recover the value of services the deceased provided to the household such as childcare services or other care provided to family members within the home.
- Funeral and Burial Expenses.
How to Prove Damages in a Wrongful Death Case
To recover emotional damages, the surviving family members must present evidence documenting all alleged damages. Evidence that may support the aforementioned claims for damages may include:
- Testimony from the survivors: Family members can testify about the grief, pain, and emotional toll the loss has had on their lives. The court may consider the close relationship between the deceased and the survivors and how the loss has affected the family and household.
- Medical records and bills: If the deceased survived for any period of time after the incident that caused his or her death, there may be medical records and bills to help prove any survivorship aspect of the case and/or bolster the surviving family member’s arguments.
- Witness testimony: Friends, coworkers, or other individuals who were close to the deceased person and the survivors may provide testimony regarding the family’s suffering and the impact of the loss.
- Personal records: Journals, letters, or other personal documents that reflect the survivors’ emotional distress and grieving process can be presented as evidence in a wrongful death case.
- Economic records: W2s, paystubs, and the like can be presented to help experts like an economist provide testimony regarding what the deceased’s income would have looked like in the future.
Who Can File a Wrongful Death Case in Ohio?
Ohio law permits certain family members to file a wrongful death claim. Typically, the following individuals are eligible to file a wrongful death claim in Ohio:
- Spouse: The surviving spouse of the deceased person may file a claim for wrongful death.
- Children: Children of the deceased person may be entitled to file a wrongful death claim and seek damages for the loss of companionship and guidance.
- Parents: Parents may file a wrongful death claim if their child has passed away and that child does not have other family members who can represent the Estate.
- Estate Representatives: No matter who the person who brings the claim is, he or she must be appointed as the representative of the Estate first.
How Can a Wrongful Death Lawyer in Hamilton, Ohio Help?
The emotional pain caused by the wrongful death of a loved one is immense, and seeking justice through the legal process can be overwhelming. If you are dealing with the tragic loss of a loved one due to someone else’s negligence or wrongful actions, a skilled wrongful death lawyer in Hamilton, Ohio can guide you through the legal process and help you pursue the compensation you deserve.
At The Richards Firm, we are dedicated to supporting grieving families and fighting for the justice they deserve. Our team can help:
- Investigate the circumstances of the wrongful death.
- Gather the necessary evidence to support your emotional distress and loss of companionship claims.
- Advocate for your rights in court and negotiate with insurance companies on your behalf.
- Provide compassionate and personalized legal support during this difficult time.
Contact The Richards Firm Today
If you believe you are entitled to damages in a wrongful death case in Ohio, don’t hesitate to contact The Richards Firm. We offer a free consultation to discuss your case and provide you with the legal support you need to move forward.
Call 513-461-0084 or visit https://richardsinjuryfirm.com to schedule your consultation today.