Charles E. Boyk Law Offices, LLC
The Ohio personal injury lawyers at the Charles E. Boyk Law Offices, LLC are often asked about the types of damages that are available in a Toledo wrongful death damages case. To answer that question, it is helpful to look at the types of jury instructions concerning damages that the court would give to the jury if the matter were to actually proceed to trial.
Courts in Ohio would likely instruct the jury to award two types of damages: compensatory damages as to wrongful death, and compensatory damages as to a “survival action” for the deceased’s conscious pain and suffering prior to death. Let’s take a look at these damages more closely.
The court would instruct the jury as to compensatory damages relative to wrongful death. This would include an instruction that the jury finds what sum of money will compensate the beneficiaries for the injury and loss to them resulting from the wrongful death of the deceased person.
In giving this instruction, the court would instruct the jury to consider the loss of support from the reasonably expected earning capacity of the deceased, the loss of services of the deceased, the loss of society of the deceased (including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education suffered by the parents or next of kin), and the mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin. The jury would also be instructed to make a finding for funeral and burial expenses.
The court would also likely instruct the jury to award damages as to a “survival action” for the deceased’s conscious pain and suffering prior to death. The rationale is that the deceased was likely conscious of his or her pain, suffering, struggle, and fright that accompanied his or her untimely death.
Usually, the autopsy report will need to be ordered and carefully reviewed in order to make this type of a claim. In addition, you lawyer may perform additional research to back up the conscious pain and suffering claim.
For example, in a drowning case, the lawyer may cite a “Drowning Statistics” article, indicating that a drowning victim does not die instantly, but experiences the terrible drowning process that drags on for several minutes. This will likely increase the amount of compensation that is ultimately paid.
Our Ohio wrongful death lawyers are award winning and perform a detailed analysis of all relevant records to determine whether your family member has been the victim of a wrongful death. We will discuss your case with you, review and explain the records, and advise you whether you have a legitimate claim for a wrongful death lawsuit.
If you have questions about Toledo wrongful death damages or survival action damages that may be payable to you or your loved ones, contact the personal injury attorneys at Charles E. Boyk Law Offices, LLC.