Charles E. Boyk Law Offices, LLC
Under Ohio law, damages in Toledo survival action cases are the only way that a jury can compensate somebody for a wrongful death situation in a survival action. An aggressive wrongful death attorney can work loved ones and beneficiaries seek their much-deserved recovery.
If the individual did not die immediately, potentially there would be an award of conscious pain and suffering. For example, in a current case, an individual was run over, but the evidence shows that initially the vehicle ran over the individual’s feet and legs, and then a couple of seconds later ran over their skull and crushed it.
In that case, the coroner indicated that the person would have had conscious pain and suffering for several seconds before the death. That would be additional evidence that attorneys could give to a jury to show that the death was not immediate and it involved fear, pain, and horrible circumstances such that the jury should award a separate amount of damages for conscious pain and suffering.
The system of justice awards damages in Toledo survival action cases in the form of compensation. A survivor does not necessarily deserve compensation, but the system of justice is set up to punish the wrongdoer for causing substantial, egregious harm to the deceased individual. That is the only way that the system of justice has to deal with those types of situations.
Common medical bills loved ones may accrue include ambulance bills and emergency room bills. Often, the request is going to pay dollar for dollar for whatever the outstanding medical charges are.
In some cases, there is no cost for funeral. Others range from $30 or $40,000 in funeral cost in wrongful death cases. Another element of damages would be the funeral cost, including the cost of the service, the casket, and the grave stone. All of those would be damages that should be taken into consideration, and they should be reasonable and customary based on the circumstances of the community.
It is important to understand how attorneys can help seek damages in Toledo survival action cases in a persuasive and credible manner. A lawyer will have an understanding of the value of the case based on prior jury verdict settlement numbers, the county, the judge, the insurance company, and similar fact patterns. In effect, if a person tries to make an intelligent evaluation, they would want an individual that has worked on these type of cases on a regular basis, understands the arguments and the pros and cons, and has experience trying these types of cases and evaluating value and the best strategy to maximize their recovery.