Compared to a typical personal injury case, a wrongful death case can be much more significant. Because of this, the settlement amount for a wrongful death case may also be much more significant.
Because settlements are not public, it is impossible to give an average amount of a wrongful death settlement in Ohio. Additionally, there is no ordinary wrongful death. The circumstances of any wrongful death vary quite a bit.
Different factors will affect the total amount of any wrongful death settlement. A wrongful death lawyer can help determine which of these factors impacts your case most.
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Examples Of Determining Factors
The following list of factors help determine what a potential wrongful death settlement can be.
Age
The age of the deceased and their loved ones is one of the main factors considered in a wrongful death settlement. It can have an impact on the settlement in multiple ways.
Age of the deceased
The age of the deceased party can have a significant impact on the total settlement. If the deceased is older, their loved ones are likely to get less compensation. For example, the financial impact of an 80-year-old retiree’s wrongful death will typically be significantly less than that of a 40-year-old working person. Likewise, the years of love, guidance, and emotional support lost to loved ones will be fewer if the victim is older.
The age and existence of dependents
If they exist, the age of the decedent’s dependents is another important factor in determining what a good settlement is. If the decedent has young dependent children, the settlement amount increases. If a dependent is older, the settlement will be smaller.
However, age is not the only factor with dependents. Some people have disabled adult children that continue to depend on them for financial support well beyond childhood. This will be factored into any settlement value.
Earning Potential
The deceased’s earning potential is also an important factor in a settlement. Here, the question is, “What would the deceased have earned in the years before their retirement?” The deceased’s earning potential is closely linked with their age. The average income of the deceased is combined with an expected date of retirement to help determine a settlement amount.
The deceased’s education and training also factor into the settlement amount. A 30-year-old surgeon will have a much higher future earning potential than a grocery store clerk of the same age.
Other Factors
There are plenty of other factors that can impact wrongful death settlements in Ohio, including:
- Whether the death occurred at work with the employer at fault;
- Whether the deceased is due life insurance, pensions, or retirement benefits;
- Whether negligence, intent, or recklessness of the at-fault party exists;Â
- Whether the at-fault party has insurance covering wrongful death claims; and
- Whether the deceased’s negligence contributed to the death.
Your attorney can help you determine how these factors may be relevant to your wrongful death case.
Contact Bensinger Law Today
If your loved one suffered a wrongful death due to the fault of someone else, all of these factors must be accounted for. For this, you need an attorney with experience with Ohio wrongful death cases.
Bensinger Law, based in Northwest Ohio, has this experience. Bensinger Law is a client-focused law firm serving all of Ohio with digital chat-help available on their website most hours of the day. Contact Bensinger Law today.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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