Wrongful death cases involving children and older adults

On Behalf of | Dec 29, 2022 | Personal Injury

Some groups of individuals in Ohio experience greater levels of suffering and death because of the negligence or actions of others. Children, older adults and vulnerable adults often become the victims and leave behind grieving family members. While no amount of money will bring back your loved ones, a wrongful death lawsuit may enable you to hold the responsible parties accountable.

Wrongful death definition

The Ohio Revised Code Chapter 2125 defines wrongful death as a death that occurs following a “wrongful act, neglect or default” by another person. The Revised Code also states that a wrongful death applies if the deceased would have qualified for a personal injury lawsuit if he or she had lived.

Loss of child

In Ohio, the court may consider the mental anguish suffered by the surviving parties in a wrongful death lawsuit. Other considerations may include the:

• Child’s age

• Child’s normal life expectancy

• Closeness of the relationship between the parents and the child

• Survivors’ ages, health and life expectancies

Older or vulnerable adult deaths

Courts often consider your mental suffering and the loss of companionship when you lose an older or vulnerable adult. They may also take into account the loss of advice from the older adult when determining compensation.

Common causes of wrongful death lawsuits involving older or vulnerable adults include:

• Elder abuse

• Medication errors

• Failure to diagnose

Nursing home abuse plays a large role in many older adult wrongful death cases. Examples of nursing home abuse can involve:

• Dehydration

• Failure to prevent falls

• Untreated infections or sores

• Physical abuse

Financial costs and accountability

Filing a lawsuit will not bring back your loved one, but financial compensation does assist with medical bills and funeral costs. Since the parties responsible for a wrongful death rarely go to prison, a lawsuit may also provide the only opportunity to hold them accountable.