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 society – Under this category, beneficiaries can seek financial compensation for such things as the loss of companionship, care, assistance, protection, advice, guidance, and education provided by the decedent. Obviously, whether we’re talking about the death of a child or an adult, it is difficult to put a dollar figure on these types of damages because they’re not easily quantifiable. For instance, you can’t look in a book to find a dollar amount that would compensate a mom or dad deprived of the time and companionship they would have had with their deceased child. That’s the job of your attorney – to place a dollar amount on the loss of a child’s society and to justify that amount with a reasoned argument to a jury. Though it’s not readily quantifiable, it’s certainly a huge and legitimate loss to the beneficiaries – a loss for which they deserve to be compensated.
Mental anguish – Family members can be awarded compensation for the mental anguish they endured as a result of the loss of their loved one. Like loss of society, this may be a hard figure to quantify because there’s no formula for setting a dollar value on one’s pain stemming from the loss of a child. Nonetheless, it can account for a significant amount in a damages award because most people can relate to the grief experienced as the result of the death of a family member.
Making a case for mental anguish is similar to asking for pain and suffering damages in a routine personal injury case. Your Toledo, Ohio tragic accident attorney could ask the jurors to award money based on the anguish endured over a set time period such as months or years. Your lawyer may take a different approach by not suggesting a formula and simply asking the jurors to determine a fair figure to compensate family members for the mental anguish they’ve suffered.
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 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.
We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties.
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