Losing a loved one is a hard thing to experience. What can make the situation even worse is if your loss is the result of another person’s negligence or purposeful recklessness. If you believe that to be the case, according to the state of Ohio, you may have the right to seek compensation for any resulting losses by filing a wrongful death claim in civil court.
What does one need for a wrongful death case to be successful? There are actually several elements that have to be present in order for a judge or jury to make a ruling in your favor. What are these elements? If present, what damages are legally recoverable?
Necessary elements for a successful wrongful death case
In order to successfully litigate a wrongful death case, four elements must exist in your case. These elements are:
- Death of a person
- Loss of life caused by another individual’s negligence or intent to harm
- Monetary losses experienced by surviving family members
- A personal representative is appointed to handle the decedent’s estate
The hardest part in any wrongful death case is proving negligence. Gathering the evidence required to prove this element can be difficult and may take time. However, it is not something about which to get discouraged. One can always seek help with investigating the matter.
Every wrongful death case is unique, and so are the damages that you may recover. Those that the state defines as legally recoverable include various economic losses, such as:
- Funeral expenses
- Medical expenses
- Lost income and benefits
Of course, it is also possible to seek compensation for any non-economic damages sustained as well. These include loss of companionship and psychological pain and suffering — among various others.
So, do you have a wrongful death case?
Still not sure if a wrongful death claim applies to the loss of your loved one? Ask questions. An experienced attorney will have the ability to review and investigate your case and help you decide if litigation is right for you.
At the end of the day, nothing can replace the loss you have experienced, but a successfully litigated wrongful death claim may help you achieve the funds necessary to focus on grieving your loss rather than spend your time worrying about the financial hardship resulting from it.