Issues in Settling a Wrongful Death Claim

Each state has wrongful death statutes on its books which dictate who can make a claim for wrongful death and what damages they can recover. If you file a wrongful death claim in Ohio for the loss of a loved one, you may seek remuneration for loss of consortium, and in some cases support.

When a wrongful death claim is filed, it is not, as one may think, for the untimely death of the victim. Since claims need to involve issues to which a monetary value can be assigned, such a claim would be problematic. Rather, the survivors, often the spouse and children, file for the wrong done to them. They can cite the loss of financial support the wrongful death has caused, along with loss of consortium.

Ohio wrongful death claims often lead to the defendant’s insurer providing a structured settlement that pays for the education of the dependent children. Such an arrangement can also be used to provide a spouse with lifetime support. Insurers occasionally may agree to assist in more unusual ways, such as helping the surviving spouse purchase a home.

Wrongful death settlements in Ohio still to some extent reflect traditional family structures that are now largely a phenomenon of the past. If, therefore, the decedent was a male, often the insurer will gauge future lost earnings at a higher rate. This practice is sure to change, given that women are much more likely today to be major bread winners in the family unit.

Losing a loved one through a wrongful death accident leaves a tragic shadow over a family. If you have suffered the loss of a spouse or other individual due to the fault of another, contact the lawyers at Slater & Zurz LLP experienced in Ohio wrongful death claims for a Free Case Review by calling 1-800-297-9191 or sending a Blog Message to schedule a time to talk.