What damages can I sue for after losing a family member to a fatal accident or injury in Ohio?

In Ohio, if you’ve lost a family member due to someone else’s negligent or wrongful act, the personal representative of the decedent’s estate can pursue a wrongful death claim on behalf of surviving spouses, children, parents, and sometimes other next of kin. Under Ohio law, recoverable damages include economic losses such as loss of financial support and the decedent’s earning capacity, funeral and burial expenses, medical costs before death, and loss of prospective inheritance; as well as non-economic damages like loss of companionship, care, guidance, and mental anguish suffered by family members. In certain rare cases of egregious conduct, punitive damages may also be available. The goal of a wrongful death claim is to compensate the family for both the tangible and intangible impacts of the loss.

I am so sorry if you lost a loved one in a fatal crash. Generally speaking, the law provides the following damages: (1) Loss of support from the reasonably expected earning capacity; (2) Loss of services; (3) Loss of the society, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education; (4) Loss of prospective inheritance; and (5) the mental anguish incurred. It is critical to speak with a lawyer who specializes in this area of law.

Ohio law recognizes the following as wrongful death damages that may be brought by the surviving family:

(1) Loss of support from the reasonably expected earning capacity of the decedent;

(2) Loss of services of the decedent;

(3) Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent;

(4) Loss of prospective inheritance to the decedent's heirs at law at the time of the decedent's death;

(5) The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.