Ohio personal injury attorney, Scott Kuboff, discusses R.C. 2125.01 and the damages a family can recover following the wrongful death of a parent, sibling or child.

Pursuant to R.C. 2125.01, a wrongful death claim is available when "the death of a person is caused by wrongful act, neglect, or carelessness which would have entitled the party injured to maintain an action and recover damages" had they not died. It is the family’s claim to bring, for their loss. The damages including, but are not limited to:

Loss of income/support from the decedent
Loss of potential retirement/inheritance
Loss of companionship
Mental and emotional anguish
Funeral expenses

The proceeds of claim are distributed by the probate court (but not a part of the estate) in an equitable manner taking into consideration the age, relationship, and injury to the individual claimants. Proceeds are not subject to the distribution method of a will.

If you have a question on a wrongful death claim, please contact Scott for a no cost, no obligation consultation and case evaluation.