When a loved one dies unexpectedly, Ohioans will initially deal with the shock and grief involved with such a tragedy. Once they become more emotionally stable, they may consider the thought of legal action if the death was caused by another person's negligence. There is the possibility of filing a wrongful death claim, but what are the requirements? For example, if a stay-at-home mom has never held down a job and she is killed in an accident, can the family recover compensation in a lawsuit?
Wrongful death cases often focus on the deceased person's value, such as how much they have contributed to society. This is often determined by the person's job and how much they earn from that job. However, a job is not a prerequisite in order to file a wrongful death claim on behalf of a loved one. In fact, it is even possible to file a claim on behalf of an elderly person or child.
In many households, it is common for one parent to work outside the home while the other stays home to care for the children. Just because a parent does not earn a paycheck does not mean that he or she offers no value to the family.
Stay-at-home parents offer many contributions to the family. They are often in charge of cooking, cleaning and ensuring that the children get to and from school. Stay-at-home parents also run errands, take children to doctor appointments and shuttle them to sports and after school activities. It would be costly to hire a nanny or assistant to take care of all these tasks.
So while stay-at-home parents may not earn an income, they are invaluable members of a family. They nurture their children, offer guidance and perform many household tasks. Should they die in an accident caused by a negligent party, the surviving family members have the right to file a claim for compensation.
Source: Findlaw, "Wrongful Death FAQ," accessed Nov. 29, 2014
No Comments