Wrongful Death Lawyer Columbus, OH

When a loved one has passed away as a result of wrongful death, a wrongful death lawyer Columbus OH knows that it can be hard to come to grips with the fact that they are truly gone. Especially in instances of wrongful death, it is a struggle to realize that your loved one was taken away too soon and that they could have still had a full, beautiful life ahead of them. If you are hoping to file a claim for your loved one’s wrongful death, the team at Brenner Law Offices knows that a natural question you may be asking is this: how in the world can someone place a value on a wrongful death claim? 

Determining the Value of Wrongful Death 

It can seem harsh when you are trying to put a value on a person’s life and the amount of suffering that they endured before passing. However, if you are a close loved one of someone who passed away as a result of wrongful death, you do have the right to file a wrongful death claim. Determining damages can sometimes be difficult, but your Columbus wrongful death lawyer can use their knowledge and experience to figure out an appropriate number. 

• Lost earnings. This is based on the earnings your loved one made and projected future earnings. If you are a spouse, child, or close family member who relied on these earnings, it is especially important that you fight for these damages. 

• Loss of guidance. Many things fit into this type of category and can include loss of consortium, companionship, guidance, protection, and counsel. This is especially important if the person who died left children behind. 

• Funeral and burial costs. These are likely the easiest types of damages to calculate because you could provide an exact number regarding what kinds of expenses you had for your loved one’s funeral and burial. 

• Mental anguish. This is given based on the mental anguish experienced by the decedent’s remaining close family members, like a spouse, children, or parents. 

Wrongful Death Infographic

Will I feel better after a successful wrongful death claim? 

There’s no amount of compensation that can heal your heart after you have lost a loved one too soon from a wrongful death. While this may not bring you the comfort you need following a loss like this, you may have some amount of stress relieved. Compensation from a wrongful death claim can relieve the financial burdens you may experience following your loved one’s passing and can help you focus on coming to terms with what happened and bringing the other party to justice.

Who can I go to in times like this? 

When you need to speak with a lawyer about your loved one’s wrongful death, reach out to the team at Brenner Law Offices to see how we can help you. We understand that this is an incredibly difficult time for you and your loved one, so it is crucial that you get the help you need. Call now to speak with our Columbus wrongful death lawyer today. 

Wrongful Death Vs. Survival Action

Your Columbus, OH wrongful death lawyer can help you understand the ins and outs of your case – and with over 25 years of experience, Brenner Law Offices is ready to get you started. To keep you informed, let’s shed some light on wrongful deaths and survival actions.

Wrongful Death Explained

Wrongful death claims are civil actions that seek to provide compensation for the relatives of a deceased individual. These claims are designed to cover the financial and emotional impact of losing a loved one who contributed economically and emotionally to their family. The damages recovered can include loss of income, loss of companionship, and emotional distress experienced by the surviving family members. It’s essentially about compensating the family for their own losses resulting from their loved one’s death.

What Is A Survival Action

On the other hand, survival actions are a continuation of claims that the deceased could have pursued if they had survived. This type of action is taken on behalf of the deceased’s estate, rather than the family members themselves. For instance, if the deceased endured pain and suffering, incurred medical expenses, or faced other losses from the time of injury to the time of death, these can be claimed through a survival action. The compensation recovered through a survival action is then distributed according to the deceased’s will or, if there is no will, according to state intestacy laws.

Key Differences

The main difference between a wrongful death claim and a survival action lies in whose interests are represented and what damages are recoverable. Wrongful death claims focus on the losses suffered by the surviving family members due to the death of their loved one. In contrast, survival actions focus on the losses suffered by the deceased from the time of their injury until their death. Importantly, survival actions include damages for pain and suffering endured by the deceased prior to death, something typically not covered under wrongful death statutes.

Another difference is in the types of damages awarded. Wrongful death settlements might include compensation for funeral and burial costs, lost wages that would have been earned by the deceased, and the loss of companionship and guidance. Survival actions, however, may recover costs associated with medical treatment prior to death, lost wages from the time of injury to the time of death, and compensation for the deceased’s pain and suffering during that period.

Legal Considerations

Both types of claims have specific statutory requirements and limitations that vary by state. For instance, there are often different statutes of limitations that apply to wrongful death and survival actions, dictating how long after the incident these claims can be filed. This underscores the need for timely legal advice and action from your wrongful death lawyer if you decide to pursue compensation.

How We Can Help

At Brenner Law Offices, we understand how challenging and overwhelming it can be to deal with the aftermath of a loved one’s untimely death. We strive to provide compassionate and comprehensive legal support to help our clients achieve the justice and compensation they deserve. Get in touch with us today, and see how a wrongful death lawyer from our office can help.