 |
The death must have been caused, in whole or in part, by the defendant's conduct, even though there was no direct intention to kill the victim. The defendant must have been deemed negligent (or other liability) for the victim's death. The surviving dependents or beneficiaries who have suffered from emotional and monetary loss as a result of the defendant’s conduct are entitled to monetary damages. |
|
| This type of claim is different from a normal negligence lawsuit, which is filed by the person injured for the resulting damages. Here, the surviving family members or beneficiaries claim damages from the person who caused the victim's death. The states have passed "wrongful death statutes" that provide compensation for persons who may have been damaged from the death of the victim as well as an incentive to act carefully and safely. All states have some form of a wrongful death claim action in force. |
|
A Cleveland wrongful death claim generally consists of four elements: |
|
- The death was caused, in whole or part, by the conduct of the defendant;
- The defendant was negligent (or liable in another way) for the victim’s death;
- There is a surviving spouse, children, beneficiaries or other relatives; and
- Monetary damages have resulted from the victim’s death.
|
|
Damages that can be recovered are broken down into several classes:
|
|
| 1. Damages sustained by the person prior to death |
|
- Mental and physical – pain and suffering actually endured by the injured person between injury and death.
- Medical expenses before death.
- Loss of earning capacity during the period from injury to death.
- Reasonable funeral expenses.
|
|
| 2. Pecuniary value of the life of the deceased – factors to consider: |
|
- Age of the deceased
- Condition of health
- Life expectancy
- Strength and capacity for work and earning money
- Personal habits as to sobriety and industry
|
|
| 3. Loss of consortium – spousal and parental consortium losses may be considered as part of the pecuniary value of the life of the deceased. Factors to consider are closeness of the relationship and dependence. |
|
- Definition of consortium loss – tangible services plus intangible benefits such as attention, guidance, care, protection, training, affection, love, and (if spouse) sexual relations.
- For parental consortium, age of the child does not preclude consideration of parental consortium damages.
|
|
| 4. Punitive damages – if the defendant acted intentionally, fraudulently, maliciously, or recklessly. The defendant is aware of, but consciously disregards, a substantial and unjustifiable risk of such a nature that the disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all circumstances. |
|
| If you have suffered the loss of a family member through wrongful death, contact InjuryLawLitigators.com for an attorney in your area to protect and defend your rights under the law. |
|
| |
