The death of a loved one can be a hard pill to swallow, and when that death could have been avoided, it may be even harder. In such cases, a wrongful death claim may help to relieve some of the financial burden of this situation.
In order to argue a wrongful death claim successfully, it is important that individuals understand what the process entails. Determining the damages to claim is an important part of the process, and there are a few options available.
Determining loss of income is one of the easiest damages to calculate and is a common claim. In order to determine the amount the court calculates the deceased individual's last pay rate and average life expectancy, and utilizes those and a few other factors to determine the amount.
Loss of consortium is not as easy to establish as income; however, it is another common claim in wrongful death suits. Consortium involves physical aspects, as well as companionship, assistance with children, and more. Being that the opposing party will want to limit the damages determination, they may attack the individual's relationship with their deceased spouse. A knowledgeable and experienced attorney can help the individual prepare for such instance and present a solid argument to show the positive nature of the relationship.
Pain and suffering
If the deceased party did not pass from the accident immediately, it may be possible to claim pain and suffering. However, it should be noted that the pain and suffering reward will not exceed death; rather, it will cover the time lapse between the accident occurring and the individual passing.
These are the most common types of damages for individuals to claim. Depending upon the circumstances, there may be others as well. It may be beneficial to become familiar with Ohio's personal injury laws. Also, it may help to consult with a knowledgeable attorney to determine the best option.