Our Toledo, Ohio wrongful death lawyers understand that no amount of money could ease the pain of losing a loved one to tragic circumstances, or losing them due to the negligence of another person.

But there are damages available to beneficiaries, should a wrongful death claim be brought about. One of those types of damages is Loss of Services.

It’s a sort of vague claim, but essentially the law allows beneficiaries to collect compensation for services the decedent provided the beneficiaries. For example, assume Betty was killed as the result of someone’s negligence. If Betty provided daycare for her daughter Leslie’s children, Leslie could seek compensation for the money it cost her to secure daycare. That’s not to say that the estate must show all the claimed lost services are attached to a specific dollar amount. The jury can determine a dollar figure for each lost service.

Call 800.637.8170 for your free copy of The Ohio Wrongful Death Book if you have lost a loved one due to tragic circumstances.

According to the Jere Beasley Report, families of eight firefighters who were batttling a South Carolina furniture store fire almost three years alo have settled with another group of lawsuit Defendants for more than $1.2 million. The fire at the Sofa Super Store in 2007 killed nine firefighters. This was the greatest single loss of firefighters in the nation since the 2001 terror attack on the World Trade Center.

The families of eight of the firefighters sued for wrongful death, naming 30 Defendents including the furniture store as well as various furniture manufacturers and equiptment manufactureres. Settlements were reached in February with eight Defendents for just over $1.2 million. In late 2008, 12 other defendents settled for a total of $5.6 million.

A 2008 report from a panel of experts brought in by the city after the fire concluded inadequate training, outdated tactics, and aging equipment led to the firefighters’ deaths. The report found firefighters did not follow standard safety practices and had obsolete equipment. But it also found the blaze would have been confined to a loading dock where it started had sprinklers been installed in the store, which once was a grocery store.

If you have lost a loved one to tragic circumstances, contact our Toledo, Ohio wrongful death lawyers at 800.637.8170 for your free copy of The Ohio Wrongful Death Book.

What are the damages available to the surviving family members after an Ohio wrongful death?

Though it is little consolation to people who have lost a loved one, the way our court system compensates the beneficiaries of a decedent is 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 for the damages of the decedent and to the beneficiaries.

The estate of the decedent can be compensated for the medical bills incurred to treat the decedent prior to death and for the pain and suffering the decedent experienced as a result of the accident or wrongdoing.

Under state law, the following damages are available to the beneficiaries:

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.

Under state law, wrongful death suits are brought in the name of the executor of the decedent’s estate in the name of various beneficiaries. A beneficiary is someone who is entitled to financial compensation should the case be proven.

In Ohio, the beneficiaries are relatives of the decedents, such as the decedent’s surviving spouse, children, parents, and siblings. A parent who a court determines had abandoned a minor child may not be a beneficiary in a wrongful death claim should the child die.

The probate court judge determines how a settlement or award is to be distributed among the potential beneficiaries based on the relationship to the decedent and the degree of loss to the beneficiary. For instance, if the decedent was the breadwinner in the family, the surviving spouse and children would be given more money than a sibling of the decedent.

If all the beneficiaries are at the same level in the law’s eyes - for instance a group of siblings - they can decide among themselves how to divide up the money and ask the court for approval.

Beneficiaries under 25 years old can be treated differently by the Court in order to protect their interests. The Court can create a trust for beneficiaries under 25 and order that the money be held in trust until the beneficiary turns 25 or that it be distributed in accordance with the terms of the trust.

If you have lost a loved one due to tragic circumstances, contact our Toledo, Ohio wrongful death lawyers immediately.

According to the Jere Beasley Report, a former marathon runner, James L. Caskey, Jr., was hit by a car in 2008 while riding his bicycle in his North Naples, Florida neighborhood. The 62-year-old died from his injuries.

The driver of the car was ticketed for failing to yield at a stop sign and was found guilty, and was fined. His license was suspended for six months. A wrongful death lawsuit has been filed in state court which alleges that the driver was texting while driving. The texting-while-driving wrongful death lawsuit was filed in state court. Florida legislation is considering banning texting while driving, and if they do they would join 19 other states with texting-whie-driving bans.

The victim’s widow is suing the driver of the car, a pharmaceutical representative, and Astellas Pharma US Inc., which owned the car, for her husband’s wrongful death. The lawsuit alleges that the driver, who was working at the time, engaged in intentional misconduct or gross negligence, by texting on his phone when the crash occurred. Cell phone carriers record sent messages to the minute and 911 calls are also recorded to the minute. These records will be evidence in the case.

The National Safety Council released a report recently that showed 28% of the roughly 1.6 million crashes yearly are caused by drivers on cell phones or texting. A Virginia Tech Transportation Institute study determined truck drivers who texted were 23 times more likely to crash that non-distrated drivers. Tests by Car and Driver magazine showed sending and reading messages caused drivers to have significantly slower response times than those of drunken drivers.

If you or someone you know has been involved in an auto accident due to texting-while-driving, you need information. Order your FREE copy of  The Ohio Accident Book from our Bowling Green, Ohio wrongful death lawyers to learn your rights. Our 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.