Fact-Checked: Why Trust Rittgers Rittgers & Nakajima Wrongful death is a legal concept that arises when the negligence or intentional actions of another party cause an individual’s death. It allows the deceased person’s family or estate to seek compensation for their loss, including financial support, emotional suffering, and funeral expenses. This legal action aims to hold the responsible party accountable and provide justice for the surviving family members, helping them cope with the profound impact of their loved one’s untimely death.
Defining wrongful death in Ohio
In Ohio, the term “wrongful death” is used to describe any situation where someone dies due to the wrongful action (or inaction) of another. Typically, these are situations where the deceased – had they survived – could have pursued a personal injury claim. Instead, their survivors may choose to bring a wrongful death claim.
Under Ohio Revised Code (ORC) Section 2125.01, a wrongful death occurs when a death is caused by the “wrongful act, neglect or default” of another party. To establish a wrongful death claim, the plaintiff has to show that the defendant owed the deceased a duty of care, and that they failed to uphold that duty by acting negligently, recklessly, or intentionally. The plaintiff must also show that the defendant’s action directly caused the death of the person in question, and that their death caused financial and emotional losses to their survivors.
Specific examples of how wrongful deaths can occur
The details of each victim’s death are unique to the circumstances surrounding the event and the people involved. Still, these tragic events often fall into the following categories.
Car or truck accidents
In the United States, there are approximately 40,000 wrongful death lawsuits involving motor vehicle accidents each year. Common causes of motor vehicle wrongful death often involve distracted driving, speeding, drunk driving, reckless driving or driving too fast for weather conditions.
The potential payout for wrongful death claims resulting from auto vehicle accidents can vary widely based on several factors, including the severity of the negligence, the specific circumstances of the case and availability of insurance. Generally, these settlements range from $500,000 to $1 million. However, in some cases, the compensation can be significantly higher, especially if substantial economic and non-economic damages are involved and the defendants has sufficient insurance coverage.
Example: A distracted driver was texting on their phone while driving and failed to notice a red light. They ran the red light and collided with another vehicle at high speed, causing the death of the other driver. The victim’s family filed a wrongful death lawsuit against the distracted driver, claiming negligence and seeking compensation for their loss.
Medical malpractice
Health care professionals are expected to provide a certain standard of care to their patients. Wrongful death claims often arise from misdiagnoses, delayed diagnoses, surgical errors, medication errors by nurses and pharmacists and emergency room mistakes.
In 2022, there were approximately 3,046 medical malpractice payments for wrongful death claims in the United States. The third most common type of wrongful death claim, these often result in significant settlement payouts, with the total amount nationwide reaching around $2.07 billion in 2022. This highlights the prevalence and serious nature of medical errors in healthcare.
Example: A surgeon mistakenly leaves a sponge inside a patient during surgery. The patient develops a severe infection that goes undiagnosed for weeks, leading to septic shock and, ultimately, death. The family files a wrongful death claim against the hospital and the surgeon for negligence.
Workplace accidents
Wrongful deaths in the workplace can be caused by a number of factors, like faulty machinery that malfunctions while in use, construction site accidents caused by other subcontractors on site, or exposure to toxic substances. Survivors can often pursue claims against contractors, equipment manufacturers, and others, except the deceased worker’s own employer. Those are typically covered by workers’ compensation laws.
In the United States, there are approximately 5,000 workplace deaths annually. The total payouts for these wrongful death claims can vary. Still, the average cost per fatal injury claim is around $1.39 million.
Example: A construction worker falls from a scaffold due after the employee of another company at the job site negligently caused damage to safety features on the scaffold. . Despite being rushed to the hospital, the worker succumbs to their injuries. The worker’s family files a wrongful death lawsuit against the company whose employee removed the safety equipment from the scaffold.
Defective products
Manufacturers, distributors and retailers are all responsible for making sure that their products are safe for consumers – but faulty products make it to the market all the time. Faulty toys, tainted food products and unsafe prescription drugs can all result in wrongful death claims.
In the United States, there are approximately 400 wrongful death claims involving defective products each year. The payouts for these claims can vary, ranging from $500,000 to several million dollars per claim, assuming the defendant is adequately insured or has significant assets for the plaintiff to collect from.
Example: A family purchases a new car with a defective airbag system. During a minor collision, the airbag deploys with excessive force, causing fatal injuries to the driver. The family files a wrongful death claim against the car manufacturer for producing a faulty product.
Nursing home abuse and neglect
Elderly people in nursing homes and other care facilities rely on their caregivers for everything. When a facility fails to provide proper care, wrongful death can result from bedsores and infections, falls, malnutrition, dehydration, physical abuse, or elopement and exposure to the elements.
In the United States, there are approximately 1,800 wrongful death claims involving nursing home abuse and neglect each year. The payouts for these claims can vary, ranging from $500,000 to several million dollars per claim.
Example: An elderly resident in a nursing home develops severe bedsores due to the staff’s failure to reposition them and provide proper care regularly. The bedsores become infected, leading to sepsis and the resident’s death. The family files a wrongful death lawsuit against the nursing home for neglect and inadequate care.
Intentional violence
It may have been an alcohol-induced brawl or a prank that was taken too far, but a death caused by intentional violence can also be considered a wrongful death. Whether the perpetrator faces criminal charges or not, they can still be held liable in a civil suit. In many such cases, however, the defendant does not have insurance applicable to the incident that caused the death, making the prospects of a significant recovery questionable.
In the United States, there are approximately 23,000 wrongful death claims involving intentional violence each year. The total payouts for these claims can vary widely, but they often amount to billions of dollars annually.
Example: During a home invasion, an intruder fatally shoots a resident while attempting to rob the house. The victim’s family files a wrongful death lawsuit against the perpetrator, seeking compensation for their loss and holding the intruder accountable for the intentional act of violence.
What is the average wrongful death settlement in Ohio?
The average wrongful death settlement in Ohio can vary widely depending on the specifics of each case. Factors such as the deceased’s age, earning potential, and the circumstances of the death all play a role in determining the settlement amount. Generally, settlements can range from $500,000 to several million dollars. However, the compensation can be significantly higher, especially if substantial economic and non-economic damages are involved. These settlements aim to compensate for the financial and emotional losses suffered by the surviving family members, including funeral expenses, lost income and mental anguish.
Who can file a wrongful death lawsuit in Ohio?
In Ohio, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This individual, often named in the deceased’s will or appointed by the probate court, acts on behalf of the surviving family members. The beneficiaries typically include the deceased’s spouse, children, and parents. Other relatives, such as siblings or grandparents, may also be eligible if they can prove they suffered a compensable loss due to the death. The personal representative manages the legal proceedings and ensures the beneficiaries receive their rightful compensation.
Families will need help with these claims
If you have lost a loved one due to someone else’s negligence or misconduct, it’s crucial to seek legal assistance promptly. Contact an experienced wrongful death attorney in Ohio or Kentucky to discuss your case and explore your options for compensation. Don’t wait—protect your family’s rights and secure the justice your loved one deserves. Reach out today for a free consultation and take the first step towards healing and recovery.