How Are Wrongful Death Settlements Calculated in Ohio?

Losing a loved one due to someone else’s negligence or misconduct is a heartbreaking experience. For families left behind, understanding how wrongful death settlements are calculated in Ohio can help you take the right legal steps.
What Is a Wrongful Death Settlement in Ohio?
A wrongful death occurs when a person dies due to the negligence, recklessness, or deliberate actions of another. Under Ohio law, wrongful death claims can arise from various incidents, such as car accidents, medical malpractice, workplace injuries, or defective products.
The goals of a wrongful death lawsuit are to seek justice for the deceased and provide financial support to surviving family members. Compensation can cover expenses like funeral costs, medical bills, and lost income, helping ease the financial burdens caused by the loss.
Key Factors That Influence the Calculation of Wrongful Death Settlements in Ohio
Lost Wages and Future Earnings
The settlement amount considers the deceased’s income, future earning potential, and career trajectory. Factors like the deceased’s age, education, and work history help determine how much the family would have received had the deceased lived.
Funeral and Burial Costs
Expenses for funeral services, burial, or cremation are included in the settlement calculation. These costs can be significant, and the settlement aims to cover them fully.
Medical Expenses
Medical bills incurred before the deceased’s passing, such as emergency room visits, surgeries, or ongoing treatments, are factored into the settlement. These costs are reimbursed to the family or the estate.
Pain and Suffering
Surviving family members can receive compensation for the emotional distress caused by the loss. Pain and suffering compensation includes grief, trauma, and the mental anguish of losing a loved one.
Loss of Consortium
This refers to the loss of companionship, affection, and support experienced by close family members, such as spouses and children. The settlement reflects the impact of this loss on the family’s quality of life.
Loss of Services
The deceased’s contributions to the household, such as childcare, caregiving, or maintenance, are also considered. These services have a monetary value that is included in the settlement.
Punitive Damages (Certain Cases)
Punitive damages may be awarded in cases where the offender’s actions were particularly egregious or reckless—such as drunk driving. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
How Ohio’s Wrongful Death Law Affects Settlement Calculations
In Ohio, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. Failing to file within this period can result in losing the right to seek compensation, making timely action essential. Additionally, Ohio law allows specific family members to file a wrongful death lawsuit, including the surviving spouse, children, and parents of the deceased. Sometimes, other close relatives may file if no immediate family members are available.
Ohio also follows a comparative fault rule, meaning the settlement amount may be reduced if the deceased was partially responsible for the incident. For example, if the deceased were found to be 20% at fault, the settlement would be reduced by that amount (20 percent).
The Role of Insurance Companies in Wrongful Death Settlements in Ohio
Insurance companies evaluate wrongful death claims by considering both economic and non-economic damages. They may use formulas and estimated data to determine the settlement amount, but this is often done to minimize compensation. On the other hand, a wrongful death lawyer plays a critical role in negotiating with insurance companies. They’ll ensure that all damages are considered and that the family receives a settlement that reflects the true value of their loss.
How Long Does It Take to Reach a Wrongful Death Settlement in Ohio?
The time to reach a settlement varies based on case complexity, the amount of evidence, and whether the case settles out of court or goes to trial. Complex cases or those involving disputed liability may take longer to resolve.
Wrongful death settlements often face several challenges that can delay or complicate the process, such as:
- Disputes over liability can arise when the responsible party denies fault, making it necessary to provide strong evidence to prove negligence.
- Disagreements on the extent of damages that may occur when insurers or offenders contest the value of economic and non-economic losses, such as lost wages or emotional distress.
- Complications with multiple parties result when more than one party shares responsibility for the death. This makes determining liability and compensation complex and time-consuming.
- Lack of sufficient evidence, including weak or incomplete evidence, may require additional investigation, specialist testimony, or documentation to substantiate the claim.
- Delays in the legal process can include court backlogs, procedural requirements, or uncooperative parties, which can prolong the time needed to settle.
Settling out of court is often faster and less stressful for families. However, going to trial may be necessary to secure fair compensation if the insurance company’s offer is insufficient.
Essentially, it is strongly advised that you get help from a legal professional to calculate a wrongful death settlement in Ohio. An experienced lawyer can help weigh the pros and cons of each approach.
How to Maximize Your Wrongful Death Settlement in Ohio
A skilled Ohio wrongful death attorney understands state laws and has experience handling settlements. They can advocate for your family’s rights and ensure you receive the maximum compensation.
For example, strong evidence is essential for proving damages. A lawyer can manage these aspects of the case—including medical records, professional testimony, employment records, and documentation of the deceased’s role in the family. They can also handle negotiations with insurance companies, as they know how to counter low settlement offers and fight for fair compensation to ensure that the full value of your claim is recognized.
What to Do After Losing a Loved One in Ohio
Losing a loved one is an incredibly difficult experience, and knowing what steps to take after can feel overwhelming. However, there are certain actions that can be taken to protect your legal rights and help you seek the compensation your family deserves.
- Seek legal advice as soon as possible: Contact a wrongful death attorney promptly to understand your rights and options. Early legal advice can help you take the necessary steps to protect your claim.
- Understand your legal rights: Knowing the full scope of damages available and the legal process is crucial. A lawyer can explain your rights and help you make informed decisions.
- Gather necessary documentation: Prepare essential documents, such as death certificates, medical records, proof of financial loss, and any evidence related to the incident, to help build a strong case.
- Identify potential witnesses: Identify and contact any potential witnesses who can provide statements or testimony about the incident. Witness accounts can help corroborate your claim and establish liability.
- Keep detailed records: Maintain detailed records of all communications, expenses, and impacts of the wrongful death. Important documents include medical bills, funeral costs, lost wages, and notes on how the loss has affected your family’s daily life.
Take Action: Speak to a Skilled Ohio Wrongful Death Attorney Today
If you’ve lost a loved one due to someone else’s negligence, it’s crucial to understand how your wrongful death settlement will be calculated and what your legal options are. In order for you to ensure your family receives the compensation they deserve during this difficult time, it’s important to contact a law firm with experience handling wrongful death cases.
At George Mineff, Jr., Attorney at Law, we have dedicated Cleveland wrongful death attorneys who will provide you with a free consultation. Contact our law firm at (216) 621-3930 to discuss your case—and protect your family’s rights like you deserve.