Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
There are various types of damages in Toledo wrongful death cases. As defined by Toledo law, damages are the way a judge or a jury would compensate the wrongful death estate as a result of the death of the individual. The only method of compensation under Ohio law would be monetary damages. In which case, it can be critical to seek the advice of an earnest wrongful death attorney regarding your case.
The wrongful death estate through the executor or executrix or the administrator or administratrix is the only ones that can bring a claim for wrongful death actions. The list of preferred beneficiaries that have an established relationship through blood, marriage, or adoption would be the people that can recover damages. Examples would be a spouse, a child, a father, a mother, a brother, and a sister. Those are examples of people that could recover damages under Toledo and Ohio wrongful death actions.
The typical type of damages would be damages for economic loss. That would be a situation where the person who died was financially supporting a spouse, a parent, or a child. Economic damages for lost wages and future lost wages would be one element of damages.
Another element of damages that can be recovered would be for the loss of the relationship. That is in effect of loss of consortium claim a person would present evidence of what the relationship was between the beneficiary and the individual who is now deceased. Those would be damages that can be recovered under Ohio law.
Economic damages are substantial and relevant. A person would just have to show that the individual who died was actively supporting the main beneficiary. For example, if the individual who died was not employed, was retired, and was not supporting anyone at the time of the death, then economic damages would not be applicable in that type of a case.
Oftentimes in a wrongful death case, the named beneficiary, such as a spouse or a child left to mourn for the death, that individual gets referred to a grief counselor, a clinical psychologist, or a social worker. Through the testimony of the lay witness and the expert witness of the grief counselor or the clinical psychologist, attorneys could try to present to the jury damages of the impact of the grief on the beneficiary’s life. Various types of damages in Toledo wrongful death cases rely on proving:
Loss of love and affection would typically be involved in a situation of a spouse, a child, a parent, a brother, and a sister. That typically would be presented through the use of lay witness testimony, which means that individual would talk and other family members or close friends would talk. What would need to be proven would be the close relationship and what the impact of the loss of the close relationship would have on the beneficiary.
Loss of companionship would be a similar sort of situation of a spouse, a child, a parent, a brother, or sister. They would try to establish what the relationship was and the impact of the loss of that relationship on that individual and their family.
A person would try to show the impact on the relationship between the beneficiary and the deceased individual, and how that impacted their standing in society and in their relationships. Loss of consortium would typically be considered the loss of services. One of the services would be loss of support, but loss of services could be different types of enjoyable family activities that they did together, like fishing trips, hunting trips, sporting events, and going to kid’s soccer or volleyball games. They could talk about the impact of the loss of activities that were of a mutual benefit and happiness of the deceased individual and the beneficiary. Therefore, it can be critical to discuss potential and attainable types of damages in Toledo wrongful death cases with an attorney.
Charles E. Boyk Law Offices, LLC