Child Injury Lawyer Blog
By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Ohio, the death of a child – whether an infant to a college student or older – is a parent’s worst nightmare. The death of a child in most cases is unexpected and often times preventable. It is most unfortunate when a child’s life ends as a result of the neglience and carelessness of others. When a child (even a child over the age of 18 years of age) dies as a result of the negligent acts of others, a claim or lawsuit can be pursued by the parents and / or estate of the child. The Ohio Wrongful Death case must be brought by the personal representative of the Estate of the deceased child. The following damages can be claimed pursuant to the Ohio Wrongful Death Act:
(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.
See >Ohio Revised Code – Section 2125.
It was recently reported that three sorority sisters on their way to an airport for a Spring Break trip died as a result of a crash with another vehicle. It was reported that the driver of the other vehicle was driving the wrong direction or wrong way on the roadway. The college students were part of the Alpha Xi Delta sorority. Their deaths are certainly great losses for their families, friends, communities, their sorority, and the Bowling Green University campus. See Wrong Way Crash Kills Three Ohio Sorority Sisters.
When a child dies a a result of the wrongful, negligent, or careless acts of others, a parent can pursue a claim for the wrongful death of the child. The statutes, laws, and cases on point can be quite confusing and complicated. It also can be a challenge dealing with the insurance companies and other issues. An Ohio Child Injury Lawyer can guide and direct a parent through the insurance claim and legal processes associated with the untimely and wrongful death of a child. These cases are handled on a contingency basis which means if there is no recovery – there are no attorney fees or costs owed to the attorney. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.