Cloppert, Latanick, Sauter & Washburn
Attorneys At Law
225 East Broad Street
Columbus, Ohio 43215
Phone: 1-614-564-0059
Toll-Free: 1-877-CLSWLAW
Fax: 1-614-461-0072
Email: cloppert@cloppertlaw.com
At the Columbus, Ohio, law firm of Cloppert, Latanick, Sauter & Washburn, our experienced wrongful death lawyers represent families in wrongful death claims throughout central Ohio, including Columbus, as well as, Athens, Portsmouth, and other communities in central and southern Ohio. Wrongful death claims and lawsuits can involve every area of personal injury law—from a fatal motor vehicle accident, airplane crash, or a death caused by a defective product. The surviving family members of the deceased seek damages associated with the death in a wrongful death claim and lawsuit. Damages in a wrongful death lawsuit often include:
Death and funeral expenses
Loss of consortium by the surviving spouse and children
Loss of future earnings/Loss of prospective inheritance
Medical bills
Physical pain and mental suffering
We are responsive and receptive to not only the basic legal issues of a case but also the practical problems unique to each fatal accident and the needs of surviving family members, including concerns associated with death and funeral expenses, loss of consortium by the surviving spouse and children, loss of future earnings, medical bills, and physical pain and mental suffering. At Cloppert, Latanick, Sauter & Washburn, questions are always welcome and someone at our law firm is ready, willing, and able to assist you. To learn more about our wrongful death trial lawyers please contact us today. For immediate assistance call us toll-free at 1-877-CLSWLAW or locally in Columbus, Ohio at 614-564-0059.
Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. If someone's wrongful actions caused injuries that resulted in your loved one's death, that is a wrongful death. At common law, there was no legal action that surviving family members could take. That changed, however, when governments began to make laws protecting survivors. Now, in every state in the US, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages.
The laws, however, vary quite a bit from state to state, so consulting with an attorney is advisable.
Monetary Damages for Wrongful Death
The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages — that is, the court must determine the proper compensation for the financial loss that the death has caused. Though this may seem harsh or cold, money damages are the remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:
- How much money did the deceased earn?
- How much money did the deceased save?
- How financially dependent were the survivors on the deceased?
The court will also take into consideration:
- Funeral expenses
- Medical expenses
The wrongful death lawsuit is meant to compensate certain surviving family members, not necessarily to punish the party responsible for the death. Punitive damages are available, however, in some states when the actions of the defendant were reckless or malicious.
Factors in Determining Economic Loss
Courts look at a number of elements when they determine the level of financial loss the plaintiff in a wrongful death lawsuit has suffered. Most of the considerations take into account characteristics of the person who has passed away:
- Earning potential
- Health
- Life expectancy
- Assets
Courts assess these factors when considering the financial dependence of the plaintiff on the deceased.
Some activities that might not seem economic at first glance can be characterized as such by the court. This is because it would cost money to have someone besides the deceased perform the activities. They include:
- Child care
- Housekeeping
- Assistance with family member's medical or daily living needs
The plaintiff may wish to use expert testimony to establish the amount of loss.
Factors in Determining Emotional Loss
Not all of the emotional harm suffered by the plaintiff can be compensated by the court. Some aspects of what the decedent contributed to the family, however, are "calculated" by the court:
- Parental guidance
- Companionship
- Affection
In making this determination, the court will look at the strength of the relationship between the plaintiff and the decedent. The weight the court gives this type of loss changes based on the particular state's laws.
Survival Action for the Injuries of the Deceased
Some courts will allow the plaintiff to sue for injuries sustained by the person who died. This is called a "survival action" because the legal claim survives after the injured person's death. This claim could be presented at the same time as the wrongful death lawsuit. If this is allowed, the plaintiff may need to show that the injured person was aware of and emotionally affected by the injuries before passing away.
Contact an Attorney
Each state has a rule — a statute of limitations — about how long a plaintiff has to file a wrongful death claim. After that time has elapsed, it is too late to take legal action.
It is therefore important to speak with an attorney about your rights and options soon.
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