Though it offers little consolation to people who have lost a child, our court system compensates the beneficiaries of a decedent by awarding money. Damages – the term used to refer to the various reasons for which financial compensation can be awarded – are available for the estate and to the beneficiaries.
The estate of the deceased child can be compensated for the medical bills incurred to treat the child prior to death and for the pain and suffering the child experienced as a result of the accident or wrongdoing.
Under state law, the following damages are available to the beneficiaries in all wrongful death cases, not just those involving children:
Loss of prospective inheritance – Under this category, beneficiaries can seek financial compensation for the inheritance they might have received from the decedent had the decedent lived a normal lifespan. This likely wouldn’t apply in a case involving the death of a child.
Loss of support – This refers to the lost earning capacity of the decedent had he or she not died. The factors taken into consideration for loss of support would be the salary at the time of the decedent’s death as well as the amount of money the decedent reasonably could have been expected to earn in the future had the death not occurred. Charts called “life tables” are used to calculate how long the decedent would have been expected to live based on such factors as age at the time of death, gender, and race. As in the case of prospective inheritance, this probably wouldn’t be an issue for a case involving the death of a child.
Loss of services – Damages for loss of services are available to beneficiaries. It’s a sort of vague claim, but essentially the law allows beneficiaries to collect compensation for services the decedent provided the beneficiaries.
If you or someone you know has lost a child to tragic circumstances, you need information. Order your FREE copies of The Ohio Wrongful Death Book and Little Kids, Big Accidents to learn your rights. Our Findlay, Ohio wrongful death attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.
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