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What is a wrongful death lawsuit after a car accident?

by | Sep 12, 2014 | Car Accidents

Ohio state law considers a wrongful death as any death caused by another person by a wrongful act or neglect. Ohio law also contemplates that if that injured party were still alive one would likely file a claim against the person liable for one’s harm in order to recover compensation for their damages.

Because of the Ohio Wrongful Death Statute, family members and representatives of the decedent are legally able to sue for damages against the liable party in order to recover monetary compensation on behalf of their deceased loved one. Here are some examples of what families are entitled to sue for in a wrongful death lawsuit:

— The loss of financial support the decedent was contributing to the family prior to one’s death. This is usually in the form of lost wages.

— The loss of financial support the decedent might have reasonably earned over the course of one’s lifetime. You can imagine that a young father employed as an electrician might expect to bring over a million dollars home in take-home pay over the course of one’s career.

— The loss of the services provided by the decedent. If the person wrongfully killed was a farmer who worked for his father’s family-owned farm then that family could sue for the loss of services that the decedent performed for the farm.

— Loss of consortium. A good characterization of this type of loss might be the loss of companionship, advice, attention and etc. that a husband would be deprived of following the death of his wrongfully killed wife.

— Loss of potential inheritance by prospective heirs. This loss may be experienced by a child who suffered the wrongful death of a parent and thus was denied the possibility of someday inheriting some assets earned or property obtained by the parent had he or she been able to live out a full and prosperous life.

The loss of a loved one due to a sudden or unexpected car accident death can cause an immense emotional and financial hardship on those left behind. Ohio state law contemplates those losses and has equipped its citizens with legal remedies to help provide for the immediate needs while also ensuring the future well-being of the decedent’s heirs.

Source: Lawriter Ohio Laws and Rules, “2125.01 Action for wrongful death” Sep. 11, 2014

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