What Is the Average Wrongful Death Settlement in Ohio?
May 16, 2024 | By Colombo Law
A wrongful death settlement in Ohio can provide you and your family with much-needed financial support following the unexpected loss of a loved one. That said, there is not an average settlement amount that we can point to as a helpful way of knowing what your claim may be worth.
Each wrongful death claim is unique, including the damages sustained, the family members impacted, and more. It is in your best interest to consult an experienced Ohio wrongful death attorney to learn how settlements are typically calculated and the potential value of your case.
Colombo Law has helped numerous families obtain fair compensation for the loss of a loved one due to the negligence of others. Visit our Results page for several summaries of wrongful death claims we have handled, complete with details and settlement amounts.
Our attorneys know what it takes to obtain a fair wrongful death settlement in Ohio. Call 614-362-7000 today for your FREE case review.
What Are the Damages for Wrongful Death in Ohio?
Significant damages are associated with a wrongful death, including funeral expenses and the cost of burial or cremation. However, the most costly damages in a wrongful death claim tend to be the long-term financial impact of losing a loved one. These losses may include:
- Loss of income
- Loss of financial support
- Loss of benefits, such as health insurance
- Loss of inheritance
- Loss of services and support
All of these losses should be included in a wrongful death settlement in Ohio.
What Are General Damages for Wrongful Death?
In a personal injury claim, economic losses (such as medical bills, loss of income, etc.) are also known as special damages. They refer to losses with a specific monetary value.
Meanwhile, non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life) are also known as general damages. General damages are subjective and do not have a specific monetary value.
Surviving family members may be entitled to recovery of general damages such as:
- Loss of consortium
- Loss of companionship and support
- Mental anguish
- And more
These non-economic damages can be especially painful for families who lose a child as a result of another’s negligence. Even if the child did not contribute to the finances of the household, their loss still results in significant compensable damages.
Read More: What Damages Can I Recover in a Wrongful Death Claim?
How Are Wrongful Death Settlements Calculated?
Calculating a wrongful death settlement in Ohio involves adding up all of the damages you and your family have sustained. This can be easier said than done.
While some expenses in a wrongful death claim are relatively easy to calculate—such as funeral costs and medical bills—calculating the cost of long-term damages can be more challenging. For example, multiple factors need to be considered when determining how much income a family will lose due to the loss of a breadwinner.
Even more complex is calculating non-economic damages, such as loss of companionship. It may seem impossible to put a dollar amount on a loved one’s passing. However, a knowledgeable Ohio wrongful death attorney will know the types of evidence and expert testimony needed to account for all losses.
How Are Wrongful Death Settlements Paid Out in Ohio?
Generally, a wrongful death settlement will be paid out by an insurance company as either a lump-sum payment or a payment schedule. Both methods have their advantages.
- Lump-sum payments allow you to pay off all direct expenses—such as funeral expenses, medical bills, and more—immediately. On the other hand, it can be difficult to manage a large sum of money over time.
- Payment schedules can help with the management challenges, simulating the income the deceased would have brought in. However, this method can make it more difficult to pay off immediate expenses.
There is no right or wrong way to receive the payments—only the best way for you and your family. A wrongful death attorney can review these options and negotiate a fair settlement on your behalf.
How Is Wrongful Death Money Distributed Among Family Members in Ohio?
Under Ohio law, the only individuals who can recover compensation for wrongful death are:
- Spouses
- Parents
- Children
- Next of kin
If a settlement is reached or compensation is awarded at trial, the personal representative of the deceased is required to distribute the proceeds in an equitable manner. This must be done with “due regard for the injury and loss to each beneficiary resulting from the death and for the age and condition of the beneficiaries.”
Read More: Who Can Sue for Wrongful Death in Ohio?
There is a great deal to consider when structuring settlement offers and how to properly distribute compensation. Our recommendation is to work closely with an experienced wrongful death attorney to understand your options and ensure there are no unnecessary surprises along the way.
Get Help with Your Wrongful Death Claim
Without question, wrongful death claims can be incredibly complex. Beyond understanding the relevant laws, building a strong claim also requires:
- A thorough investigation, including gathering evidence and interviewing witnesses
- Calculating compensation by reviewing similar claims and assessing the specific damages
- Negotiating with insurance companies to reach the maximum compensation offer
- If necessary, presenting your case at trial if the defendants are unwilling to offer a fair settlement
At Colombo Law, we are committed to handling each of these tasks and more so you and your family can focus on healing. We will do everything we can to hold the negligent parties responsible for their actions and obtain a wrongful death settlement in Ohio that fairly compensates you and your loved ones.
Get in touch with Colombo Law today for a FREE consultation. Our wrongful death attorneys serve clients in Columbus and throughout Ohio.