Wrongful death lawsuits are some of the most tragic lawsuits, but they are necessary to ensure loved ones will not bear a financial loss from the premature death of a family member.

The State of Ohio has established two distinct claims of recovery for the family members of someone who has endured the loss of their life due to the negligence of another party. These two claims are referred to as “wrongful death claims” and “survival actions.” A survival action is essentially the lawsuit a person would have had if they had survived the incident at issue. A wrongful death action is intended compensate loved ones for the loss their family member.

Damages available in a wrongful death lawsuit include, but are not limited to: loss of support to replace the amount that one could reasonably expect that the decedent could have earned, loss of the decedent’s services, loss of society, mental anguish, and loss of potential inheritance. A survival action asserts the claims that the deceased individual would have had if they had survived, thus is can provide for reimbursement of medical expenses, compensation for the pain and suffering incurred by the decedent, and lost wages. 

If you have lost a loved one due to the negligence of another contact, Marsalka Law, LLC for a free consultation. 

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