Does Ohio Limit Damages for Wrongful Death?

Losing a loved one due to someone’s negligence is devastating. Following the loss of a loved one, you have to process the loss itself and you may even face additional struggles like financial issues. But following the loss of a loved one due to another’s negligence does mean that you may be eligible for compensation.

And while no amount of financial compensation can truly make up for the loss of a family member, it can help to alleviate the struggles you are facing. A wrongful death claim can be brought against a liable party when a person’s death was the result of negligence or wrongful acts. Some common causes behind wrongful deaths include:

• Car accidents
• Truck accidents
• Workplace accidents
• Premises liability accidents

But before looking to file a wrongful death claim, you may have a number of questions about them like does Ohio limit damages for wrongful death and what kind of cap they have if they do. Below, we answer these questions so you have a better understanding of wrongful death claims and any associated caps.

Is There a Cap on Wrongful Death in Ohio?

As of 2023, there are no caps on wrongful death claims in Ohio.

Individuals are able to seek damages for non-economic and economic damages through a claim including:

• Lost income
• Loss of companionship
• Medical costs
• Lost projected future wages

If you have more questions on your specific wrongful death claim, reach out to a Columbus wrongful death attorney as soon as possible. We will be able to look at your individual situation and offer further explanations.

What is the Cap for Non-Economic Damages in Ohio for Wrongful Death?

For reference, non-economic damages are the damages that are more difficult to apply a monetary value to. Think of non-economic damages in terms of things like:

• Pain and suffering
• Loss of consortium
• Loss of companionship

Under Ohio state law, the cap for non-economic damages in personal injury cases is as follows:

• They are capped at $250,000
• Or they are capped at three times the economic damages that are awarded

Whichever of these two financial amounts is the highest is what the cap on non-economic damages will be. These cap amounts are outlined in Section 2315.18 of the Ohio Revised Code (ORC), which also addresses if these caps apply to wrongful death claims.

Per Ohio state law, these caps on non-economic damages do not apply to wrongful death claims.

How are Wrongful Death Settlements Paid Out in Ohio?

Once a settlement has been reached in a wrongful death claim, there are generally two ways in which you can expect the settlement to be paid out.

Payment may occur through a structured settlement. A structured settlement means that you may receive a monthly or yearly payout of part of the settlement from the responsible party. As the beneficiary, you can request a structured settlement if you want to, and you will find there is some flexibility in the overall size of the structure itself.

Payment may also occur as a lump sum payment. This means that the entire settlement will be paid out at once and will be distributed to any beneficiaries after attorney fees have been handled. Typically, the responsible party or the insurance company will pay out the settlement.

Contact a Columbus Wrongful Death Attorney

If you or a loved one is facing a wrongful death, please contact Heit Law today. Taking legal action against the responsible party for the death of a loved one can be stressful and confusing. Our founder, Corey Heit, is here to help.

As an experienced Columbus personal injury attorney, Corey Heit has worked with clients throughout Columbus and the surrounding areas to seek fair compensation in cases of wrongful death.

You can schedule a free and confidential consultation with Heit Law over the phone 614-898-5300 or by reaching out online.