If your loved one has died because of someone else’s negligence, you may be eligible to pursue a wrongful death lawsuit. In a wrongful death action, you can seek compensation for the financial and emotional impact of the unexpected death, allowing you to focus on your family’s healing.
It is difficult to pinpoint an average dollar value for wrongful death settlements in Ohio because the circumstances of each case are unique, and such actions can arise from many different types of incidents. However, settlements typically range from a few thousand to tens of thousands of dollars.
The knowledgeable and experienced attorneys at Gervelis Law Firm can review the circumstances of your loved one’s death and estimate the value of a potential wrongful death settlement. We will provide personalized representation to pursue the full compensation and justice your family deserves.
What Types of Damages Can You Claim in a Wrongful Death Case?
While compensation cannot undo your loss, it can ease the financial burden on your family and deliver some sense of justice. The damages recoverable in a wrongful death case include economic damages, which cover the measurable expenses resulting from a loved one’s death, and non-economic damages, which cover the less tangible impacts.
Typical economic damages include the following:
- End-of-life medical bills
- Funeral and burial costs
- Loss of the deceased’s income or support
- Loss of prospective inheritance and benefits from the deceased
Non-economic damages may include the following:
- The deceased’s pain and suffering
- Mental anguish of surviving family members
- Loss of companionship, attention, or care
You may be entitled to an award of punitive or exemplary damages if you provide clear and convincing evidence that the defendant committed fraud or acted with malicious intent or reckless indifference for the rights and safety of others. These damages aim to penalize the defendant and deter future misconduct.
What Determines the Amounts of Wrongful Death Settlements in Ohio?
A wrongful death settlement aims to compensate the deceased’s surviving family members for the losses they have suffered. The value of those losses depends on several factors, such as the following:
- Victim’s age and income: Lost working years contribute to claims related to financial support.
- Age of any dependents: If the family depended on the deceased to support minor children, elders, or disabled adults, those obligations typically factor into settlement totals.
- Circumstances surrounding the death: Factors that contributed to the victim’s passing away, including the liable party’s intentions and level of distress for the family, may contribute to settlements.
- Financial losses: Higher treatment costs before death and increased economic impact on the family often mean a higher settlement.
- Emotional impact: Families who were more emotionally dependent on the deceased may be able to argue for higher damages.
- Insurance coverage: Policy maximums and coverage play a primary role in how much the responsible party’s insurer will pay. You may pursue the defendant directly for the remainder if your costs exceed those maximums.
- Liability and negligence: The defendant’s degree of fault determines how much you can receive. You may still sue for damages if you, as the plaintiff, were not more than 50 percent at fault, but the court will reduce your award by your fault percentage.
How To Maximize Your Wrongful Death Settlement
You and your personal injury attorney must compile as much evidence as possible to get the most from your wrongful death case. Documentation is key to proving the defendant’s negligence and justifying the economic and non-economic damages you claim.
Collect evidence from the incident that ultimately caused the death, and remember to preserve proof of related expenses. Your lawyer can help you account for all of your losses, including anticipated future damages stemming from the loss of your loved one.
It’s important to work with an experienced attorney who will help you file your claim promptly. The statute of limitations for wrongful death in Ohio is typically two years from the date of death, though there are select exceptions.
Finally, remember that reaching a fair settlement takes time. Avoid agreeing too quickly and follow your lawyer’s advice.
Who Receives the Settlement in a Wrongful Death Case?
As a surviving family member, you shouldn’t need to worry about how to divide a wrongful death settlement. Under Ohio law, wrongful death settlement funds are distributed to family members who have suffered losses based on the state’s inheritance rights. Surviving parents, spouses, and children are usually entitled to damages. More distant family members, including siblings, grandparents, and unmarried partners, generally do not recover compensation.
Family members who are otherwise ineligible may receive damages if they can claim compensable losses. These include burial expenses and loss of financial support, similar to the damages that eligible immediate family members would receive.
How Long Will It Take Until I Get My Wrongful Death Settlements?
Many factors affect how long a wrongful death case takes to settle. The circumstances and complexity of the case play a significant role, as complicated cases require more time for research and negotiations.
Negotiations can extend a case even if the matter is straightforward. The more offers and counteroffers pass back and forth, the longer it will be until the case is settled. Families can expect an even more prolonged process if the case goes to court.
It’s difficult to predict how many legal hurdles a case will involve. Evidence can be challenging to obtain. Opposing parties resist negotiations or struggle to reach an agreement. Sometimes, the hurdles are administrative.
We’ve found that most wrongful death cases take anywhere from a few months to a few years to settle. An experienced attorney can explain how long you will likely wait for your settlement.
How Are Wrongful Death Settlements Paid Out in Ohio?
In Ohio, wrongful death compensation may be paid out in two ways:
- A lump-sum payment is a one-time transfer of the entire settlement proceeds.
- A structured settlement provides the plaintiff with scheduled payments on an agreed-upon schedule. Any unpaid funds remaining in the settlement accrue interest, which the plaintiff receives in addition to the total settlement.
It usually takes approximately two to six weeks to receive the wrongful death settlement proceeds. At that point, you would receive your lump sum payment or first structured settlement payment, though there may be administrative delays. Your attorney can keep you updated on your timeline.
The Importance of Hiring an Experienced Ohio Wrongful Death Lawyer
Wrongful death cases can be complex, with many contributing factors and networks of overlapping liability. You need a skilled attorney who can build your case and deal with liable parties on your behalf, drawing on their in-depth knowledge of wrongful death law.
Each conversation and step in the claims process matters. With an experienced wrongful death attorney on your side, you don’t have to worry about saying something that could affect your claim. Your lawyer will advise you on how to proceed and negotiate settlements on your behalf so you can focus on caring for your family.
How Can a Wrongful Death Lawyer at Gervelis Law Firm Help?
If your loved one has died from someone else’s conduct, a skilled wrongful death attorney can help you get the maximum compensation possible. Our attorneys have decades of experience representing clients in personal injury and wrongful death cases and have received multiple high-profile awards for their work. Founding attorney Mark S. Gervelis has received the elite Super Lawyer designation from 2007 through 2012 and continuously since 2014, and attorney David Tschantz is a seven-time Super Lawyers Rising Star.
Our team draws on local expertise and an in-depth knowledge of wrongful death law to build your strongest case. Our rapid investigation team will quickly be at the accident scene to collect key evidence and start building your claim. We will negotiate for a full settlement and fight for your family in court if necessary to secure fair compensation.
Contact Gervelis Law Firm Today
At Gervelis Law Firm, we are here for you when you need us most. We are uniquely positioned to provide aggressive, experienced, and effective representation to get justice for the loss you should not have suffered.
Let us fight for you and the compensation you deserve. Call 866-792-2728 or contact us online to schedule your free consultation today.
