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2/2/2012
Ben Pfouts
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OUTLINE FOR DAMAGES IN AN OHIO WRONGFUL DEATH CASE

Wrongful death claims are brought by a decedent’s surviving relatives, next of kin, or beneficiaries against those claimed to have been negligent and responsible in causing the decedent’s death. In Wrongful death claims, a unique set of laws apply in seeking to recover for the losses sustained by the decedent and his or her survivors and beneficiaries. Every state has its own unique wrongful death statutes, rules, and laws.
 
Ohio wrongful death claims are usually brought in the name of the representative of the estate of the deceased, who is appointed by the probate court. An Ohio wrongful death claim usually includes relief for injuries or damages personally sustained by the decedent prior to his death, for example the pain and suffering between the time of injury and time of death. This is known as a “survivorship” claim, because it would have been recoverable by the decedent if he had not died.
 
Claims for wrongful death in Ohio can also seek relief for losses sustained by the decedent’s survivors and next of kin. This can take many forms. For example, the spouse of the decedent may suffer from past and future mental and emotional harm, loss of financial support, loss of decedent’s services, loss of society, and loss of prospective inheritance from the decedent.  Children of the decedent may additionally seek compensation for damages which include loss of comfort, loss of guidance, and loss of services.
 
Wrongful death claims also provide an exception to Ohio’s cap on damages in personal injuries cases.
 
For more information about this subject go to www.Chesterlaw.com and request a copy of my free Book entitled The Insider's Guide to Handling Ohio Accident Claims. You can also order my free DVD entitled What you should know about motor vehicle injury claims. Both the free Book and free DVD describe in more detail what you need to know to protect your rights NOW.
 
 
 
  Call the experienced personal injury attorneys at Chester Law Group today to get the help you want from people you can trust (800) 218-4243


Category: Wrongful Death


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