Charles E. Boyk Law Offices, LLC
Enduring and processing the loss of a loved one is an emotionally taxing experience. Worse yet is working through the untimely and wrongful demise of a loved one. While certain personal injury claims could help you recover compensation after the passing of a family member, there are also actions you could take to recover compensation for the pain and suffering someone endured prior to their unexpected passing. Bowling Green, OH survival action damages are just that type of pursuable compensation.
However, seeking recovery in this form is not without difficulty. Reaching out to an experienced attorney could be the first step toward producing a favorable outcome in court.
Contrary to what people may think, the survivor does deserve compensation for pain that someone else suffered because if there was no system of justice that awarded compensation for the person’s survivors, there would be no legal responsibility for the death of that individual. The only way to compensate a person who has died is to reward the individual’s heirs.
However, there is no magic formula to calculate conscious pain and suffering under Ohio law. For example, if a claim involved a victim who passed within moments of the accident, there is little a surviving claim holder could do to vie for conscious suffering endured by that victim.
Conversely, depending on the cause of death, there could be a much larger amount of pain and suffering that a surviving person could seek if the victim endured tremendous amounts of suffering.
In addition to the pain and suffering someone endured, a surviving heir could also claim real and quantifiable forms of compensation known as “economic damages”. Economic damages in Bowling Green, OH survival actions would include medical bills, lost wages, and expenses that occurred while the person was alive. An attorney would gather that evidence from an employer and doctors and present that in the court of law.
In addition to those forms of compensation, a person could also claim noneconomic losses in a claim. These losses would cover the pain and suffering that the victim of a wreck endured, but would instead go to the surviving party.
Some typical medical bills that accompany survival actions include:
Fortunately, medical bills are not the extent of recoverable Bowling Green survival action damages. A surviving heir could seek damages that were proximately caused by the negligent or intentional act of the wrongdoer. An example of these costs could include funeral expenses. When funerals range from $3,000 to $35,000, a surviving heir may feel necessary to seek compensation from the wrongdoer for these expenses. Speaking with an attorney could yield a more fruitful list of recoverable losses.
It is important to work with an experienced attorney when calculating and claiming Bowling Green survival action damages because a lawyer could help you navigate the probate process, the wrongful death process, and the survival action process. In these sensitive situations, empathy is a must.
The last few months have likely been the roughest for you and you likely have not the time to properly grieve. An experienced personal injury attorney could navigate the courtside processes, do the necessary investigations, find witnesses, discuss your legal options, and help you recover the compensation you need. Reach out to an attorney today.
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