Losing a loved one due to someone else's negligence is one of the most devastating experiences a family can endure. In Ohio, wrongful death claims allow surviving family members to seek compensation for the tangible and intangible losses stemming from their loved one's death. One significant component of compensation is economic damages, which cover the quantifiable financial losses incurred by the surviving family.
This article explores what economic damages entail in an Ohio wrongful death claim, their significance, and how families can pursue compensation effectively.
Understanding Wrongful Death Claims in Ohio
Under Ohio Revised Code § 2125.02, wrongful death claims can be filed by the personal representative of the deceased person's estate. However, the claim benefits specific surviving family members, such as:
- Spouse
- Children
- Parents
- Other relatives who depended on the deceased for support
These claims are designed to compensate survivors for the losses they endure, including both economic and non-economic damages.
What Are Economic Damages?
Economic damages are measurable financial losses directly related to the deceased person's death. Unlike non-economic damages, which address emotional pain and suffering, economic damages have a tangible monetary value. They aim to provide financial relief to survivors facing unexpected expenses and the loss of financial support.
Some key components of economic damages include:
Medical Expenses
- Any medical costs incurred before the deceased's death, such as hospital bills, emergency care, surgeries, and medications, can be claimed as economic damages.
- Example: If the deceased was hospitalized for weeks before passing, the surviving family can recover those healthcare costs.
Funeral and Burial Costs
- Funerals can cost upwards of $7,000 to $12,000 on average in Ohio, depending on the services chosen. These expenses can be reimbursed as part of economic damages.
Loss of Financial Support
- If the deceased was the primary breadwinner, the surviving family can claim the income they would have earned if they had lived.
- Courts calculate future lost income by considering the deceased's:
- Age
- Occupation
- Expected career trajectory
- Life expectancy
- Example: A 35-year-old professional earning $80,000 annually could have provided decades of financial support. These earnings are factored into the claim.
Loss of Benefits
- The loss of employer-provided benefits, such as health insurance, retirement contributions, or pensions, can be included in economic damages.
Household Services
- The value of services the deceased provided, such as childcare, housekeeping, or home maintenance, is recoverable. Families may need to hire professionals to replace these contributions.
Calculating Economic Damages in Ohio
Economic damages are calculated based on factual data and expert testimony. Key steps include:
Gathering Financial Records
- Pay stubs, tax returns, and employment records can establish the deceased's earning history and potential.
Utilizing Expert Testimony
- Economists, forensic accountants, and actuaries often assist in projecting future losses, such as salary growth or inflation.
Documenting Expenses
- Families should retain all receipts, invoices, and records related to medical bills, funeral costs, and other financial losses.
Courts also consider contributory negligence. If the deceased shared any responsibility for their death, the damages awarded may be reduced proportionally. For instance, if the deceased was 20% at fault in a fatal car accident, the economic damages would be reduced by 20%.
Why Economic Damages Matter
Economic damages ensure that the surviving family does not face undue financial hardship after a loved one's death. They help families:
- Avoid debt from unexpected expenses
- Maintain financial stability after losing income
- Secure long-term financial needs, such as education or retirement
Key Challenges in Proving Economic Damages
While economic damages are measurable, challenges can arise:
Estimating Future Losses
- Projecting earnings decades into the future involves numerous variables, including career advancements, inflation, and market fluctuations.
Disputes Over Household Contributions
- Insurance companies may undervalue or challenge the worth of household services or caregiving roles.
Complex Documentation
- Gathering comprehensive evidence for all financial losses can be time-consuming.
Steps for Families to Protect Their Rights
To maximize their claim, families should consider the following steps:
Work with Experienced Legal Representation
An attorney skilled in wrongful death claims can help gather evidence, calculate damages, and negotiate with insurance companies.
Document Financial Contributions
Maintain a record of the deceased's earnings, benefits, and household contributions.
Act Within Ohio's Statute of Limitations
Wrongful death claims in Ohio must be filed within two years of the date of death. Missing this deadline could forfeit the right to seek compensation.
Examples of Economic Damages in Ohio Cases
Car Accident Wrongful Death:
In a 2020 case, the family of a deceased victim received $1.2 million in economic damages to cover lost wages and future earnings.
Medical Malpractice Case:
A Cleveland family recovered $950,000 in economic damages after a fatal surgical error caused significant financial strain.
Conclusion
Economic damages in an Ohio wrongful death claim play a pivotal role in helping families recover from the financial toll of losing a loved one. By understanding what these damages entail and working with skilled legal representation, families can seek the compensation they need to rebuild their lives. Proper documentation, expert calculations, and timely action are essential in ensuring a fair settlement.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Ohio Wrongful Death claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.