Post By Corey Heit
The loss of a loved one is one of the most difficult things that anyone can deal with, especially when the loss is based on someone else’s negligence or carelessness.
A wrongful death lawsuit in Ohio can be pursued following the loss of a loved one if their death is related to another person’s negligence, such as a car accident, unsafe property, and more. Wrongful deaths can occur in a number of different ways and often leave you with a number of different questions.
Below, we answer a few questions related to wrongful death lawsuits and how they are handled in a financial sense.
How Much is a Wrongful Death Lawsuit Worth?
As with many kinds of lawsuits, there is no set range on how much a wrongful death lawsuit in Ohio may be worth.
But we can define what kind of damages that you may be entitled to from the lawsuit. Pursuing wrongful death litigation allows you to see damages such as:
Loss of companionship
Lost projected future wages
Some of these damages such as lost wages have a direct way to calculate the amount of financial support your loved one would have provided had they not passed away while other damages like loss of companionship are much harder to place a direct number onto.
What is Considered Wrongful Death in Ohio?
As per the Ohio wrongful death statute in Section 2125.01 of the Ohio Revised Code (ORC), wrongful death is defined as a death that is caused by “the wrongful act, neglect, or default” of another person that would have “entitled the party injured” to file a personal injury lawsuit if they had survived.
And as mentioned above, wrongful death can occur in a number of different ways – all typically being based on someone else’s negligence.
Some of the most common wrongful deaths that you may see include:
Medical malpractice – this can include communication errors by medical staff or medication errors
Car accidents – from hit and runs to DUIs, car accidents can result in wrongful deaths
Slip and fall accidents
Accidents that occur on residential or commercial properties
One key detail to note about wrongful deaths is that under federal and state law, the victim’s family has grounds of legal action if the wrongful death victim would have been able to claim negligence if they had lived.
How are Wrongful Death Settlements Paid Out in Ohio?
Once a settlement is reached, you can expect the wrongful death settlement to be paid out in one of two ways.
A lump sum payment, which is a payment of the entire settlement paid out at once, will be distributed to the beneficiaries after attorney fees have been addressed – either by the defendant or possibly even the insurance company.
The other type of payout for a wrongful death lawsuit in Ohio is a structured settlement. This typically results in a monthly or yearly payout of part of the settlement to the defendant. You can request a structured settlement and there is some flexibility in the size of the said structure as well.
Who Gets the Money in a Wrongful Death Lawsuit in Ohio?
The money from a wrongful death lawsuit will go to the victim’s beneficiaries. Beneficiaries may vary depending on the individual case, but typically they will include:
The surviving spouse or significant other
Parents of the decedent
As defined in Section 2125.02 of the ORC, parents who have “abandoned a minor child who is the decedent” will not receive any benefits or damages from the lawsuit.
To read more on how the settlement may be distributed according to Ohio law, see Section 2125.03 of the ORC.
Is There a Cap on Wrongful Death in Ohio?
As of 2022, there are no caps on wrongful death lawsuit amounts in Ohio.
You can seek damages for both economic and non-economic damages through the lawsuit.
If you have further questions specific to your own wrongful death case, reach out to a wrongful death attorney as soon as possible.
Contact a Wrongful Death Attorney at Heit Law
If you or a loved one are dealing with a wrongful death case, Heit Law is here to help you. Do not wait to seek trusted and experienced legal representation following the death of a loved one, especially when there is a statute of limitations to keep in mind when pursuing a wrongful deal lawsuit in Ohio.
Corey Heit, founder of Heit Law and trusted wrongful death attorney, has worked with clients throughout the Columbus, Ohio area on a range of cases including car accidents, dog bites, and wrongful death.
You can schedule a free and confidential consultation with Corey over the phone at 614-898-5300 or online.
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