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How do courts calculate damages in wrongful death cases?

On Behalf of | Feb 13, 2025 | Wrongful Death

Wrongful death cases pose unique challenges as families seek justice for the loss of a loved one. Courts aim to provide fair compensation to the deceased’s family, considering both financial and emotional losses. Understanding how courts calculate these damages can help families navigate this complex process during a difficult time.

Evaluating damages and compensation

Courts evaluate damages in wrongful death cases by examining the impact of the loss on the deceased’s family. They assess both tangible and intangible losses.

  • Economic Damages: These usually include lost wages and benefits the deceased would have earned. It also includes funeral and burial expenses and the value of services the deceased provided to the family.
  • Non-Economic Damages: These cover emotional distress, loss of companionship, and mental anguish the family suffers.
  • Punitive Damages: In rare cases, courts award these to punish the wrongdoer and deter future misconduct.

Courts consider various factors, such as the deceased’s age, health and earning capacity, to determine fair compensation. This comprehensive approach ensures that families receive support for both immediate and long-term needs.

Timeline for receiving compensation

The timeline for receiving compensation in wrongful death cases varies. After filing a claim, families may wait several months or even years for a resolution. The duration depends on the case’s complexity, the parties’ willingness to negotiate, and court schedules. Families should prepare for a potentially lengthy process and seek legal guidance to expedite their claims. In Ohio, it is also crucial to file a wrongful death claim within the statute of limitations, which is two years after the death.

Seeking legal support

Understanding how courts calculate damages in wrongful death cases helps families anticipate the legal process and potential outcomes. Courts strive to provide fair compensation by considering economic and non-economic factors. Families should work closely with legal professionals to ensure they receive the support they deserve during this challenging time