When a loved one dies because of someone else’s negligence, families are left not only with grief but financial hardship. In some cases, the lost loved one was the breadwinner, and their family is left with mounting medical bills. Following a relative’s death, surviving family members have options: survival and wrongful death actions. For assistance, get in touch with our personal injury lawyer in Shelby County, OH.
Wrongful Death Claims
A wrongful death lawsuit centers on the deceased person’s family and it allows their relatives to recover economic damages. Families can sue for the pain and suffering they’ve experienced, as well as the medical and funeral expenses they’ve incurred. Wrongful death claims can usually be brought by the decedent’s spouse, children, or parents.
Survival Actions
A survival action focuses on the suffering the decedent went through before their passing. Here, the person’s estate brings a claim against the responsible party and may receive compensation for the decedent’s pain and suffering, lost wages, and medical bills. The damages are much like what a person would have received if they’d survived and filed an injury claim. Compensation is disbursed through the estate, and most claims are filed by executors.
The Calculation of Wrongful Death and Survival Damages
Effective cases focus on how the victim’s death affects their survivors, and damages are calculated in different ways. For wage earners, the court calculates lifetime earnings from their age at the time of death to retirement age (minus the cost of living). For non-wage earners, damages are calculated based on the cost of replacing the victim’s services. For instance, a stay-at-home mother’s estate would be able to sue for the costs of taking care of the house, child care, and companionship.
Who May Be Held Liable in Survival Actions and Wrongful Death Claims?
In survival and wrongful death claims, it has to be proven that the plaintiff’s actions were the direct cause of the victim’s death. In simple terms, it must be shown that another person or entity’s reckless, negligent or intentional act caused the death and that the person or entity owed the decedent a duty of care.
Contact an Experienced and Knowledgeable Wrongful Death Lawyer
If a loved one has passed away because of someone else’s negligent actions, it’s important to have the case evaluated by an experienced personal injury lawyer in Shelby County, OH. Contact us by phone to request a consultation or visit the firm’s website to find additional information.
