I’d like to talk to you a little bit about wrongful death cases.
A wrongful death claim arises when a loved one has been killed as a result of a negligent conduct or unreasonable conduct of another person, be it an automobile driver, or a physician, hospital, or nurse. In wrongful death cases, there has to be a representative of the estate appointed by the probate court before a wrongful death suit can be brought.
The types of damages one can recover in a wrongful death case include: the expected earning capacity of the deceased; the loss of consortium, friendship, and guidance of the deceased; the mental anguish incurred in the loss. Under Ohio law, parents, children, and spouses are presumed to be damaged as the result of the wrongful death of another.