The estate for the person who died can bring a lawsuit for the medical expenses and pain and suffering the dead person suffered as a result of the wrongful conduct. The estate can also bring a separate claim on behalf of the wife and family of the dead person, for the loss of his consortium and support.
The first claim is called the “survival” claim. It concentrates on the pain and suffering and financial loss experienced by the dead person before he died. If he was injured, and had any pain or suffering because of the accident before he died, his estate is entitled to be “paid back” for his pain and suffering, and for his medical expenses.
The second claim is called the “wrongful death” claim. It also must be brought by the estate; but it is for the damages sustained by the dead person’s spouse and family, for – in the words of the law passed by the Ohio General Assembly:
(1) Loss of support from the reasonably expected earning capacity of the decedent;
(2) Loss of services of the decedent;
(3) Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent;
(4) Loss of prospective inheritance to the decedent’s heirs at law at the time of the decedent’s death;
(5) The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.
I have been a lawyer over 30 years. I have successfully pursued claims for families broken by the losses of a father, a husband, and a son. I question whether you can “win” a case like this; but I can get you compensation for the loss of your wife, your daughter, your son or your husband. whoever was responsible can be made to pay. If you have a personal injury case in Cincinnati, Ohio or if you want to know what your lawsuit is worth, talk with an experienced Cincinnati Personal Injury Attorney about the case. Call me, William Strubbe, at 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed. All discussions are limited to Ohio law unless otherwise indicated. And past performance cannot be used to predict future results.
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