Losing a loved one is devastating, but the emotional weight of that loss often deepens when families are left facing financial instability. In Ohio, wrongful death claims allow surviving family members to pursue compensation not just for immediate expenses like medical bills and funeral costs, but also for future losses, the long-term economic and emotional impact of a life cut short. Understanding how these future damages are calculated is critical for ensuring fair recovery under Ohio law.
Understanding Wrongful Death Claims in Ohio
Under Ohio Revised Code §2125.01, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party, and that act would have entitled the deceased to file a personal injury claim if they had survived (Section 2125.01 - Ohio Revised Code). This statute allows certain surviving family members—spouses, children, and parents—to pursue compensation on behalf of the decedent’s estate. The law’s purpose is to provide for those who depended on the deceased, both financially and emotionally.
What Are Future Losses in an Ohio Wrongful Death Claim?
Future losses represent the economic and intangible damages that extend beyond the date of death. These include projected income, benefits, household contributions, companionship, and guidance that the deceased would have provided over time. In Ohio, juries are tasked with placing a monetary value on these losses, often with the help of expert witnesses and economic data.
Examples of recoverable future losses include:
- Lost earning capacity the decedent would have generated over their expected working life.
- Loss of inheritance that family members would have likely received if the decedent had lived a full life.
- Loss of services such as childcare, home maintenance, and other household support.
- Loss of companionship and parental guidance for spouses and children.
- Loss of prospective benefits like pensions, retirement accounts, or employer-provided insurance.
These damages are not speculative guesses they’re carefully estimated through established legal and economic methodologies recognized under Ohio law.
How Ohio Courts Approach the Calculation of Future Economic Losses
Courts in Ohio take a detailed approach when determining future losses. Economic experts often present testimony supported by data regarding the decedent’s age, health, education, career trajectory, and earning potential. The calculations must reflect a realistic picture of what the deceased’s financial contributions would have been over time, reduced to their present value.
Ohio’s jury instructions guide jurors to consider “the decedent’s earning capacity, age, life expectancy, and circumstances” when determining future damages. This means jurors cannot award amounts based purely on sympathy—they must rely on evidence and reasonable projections supported by expert testimony.
Key Factors Influencing Future Loss Calculations in Ohio
Several critical variables influence the total value of future losses in a wrongful death claim:
- The Decedent’s Age and Health – Younger victims generally yield higher projected losses due to longer expected working years.
- Occupation and Income History – A steady career or upward trajectory may increase the economic valuation.
- Education and Experience – Advanced education or specialized skills can elevate earning potential estimates.
- Family Dependency – Courts assess the extent to which family members relied on the deceased for financial and emotional support.
- Inflation and Present Value Adjustments – Economists must convert future income into present-day dollars to avoid overcompensation.
- Life Expectancy and Work-Life Expectancy Tables – Actuarial data is often used to project how long the decedent would have lived and worked.
Expert Witness Testimony and Economic Projections
In Ohio wrongful death trials, economists and vocational experts play a vital role. They prepare detailed projections using statistical models, wage growth trends, and discount rates to determine a reasonable present value for future income. These professionals also account for expected raises, benefits, and even career changes based on market data. Medical professionals may contribute by testifying about the decedent’s health and likely lifespan, which helps refine the economic calculations.
For example, if a 35-year-old engineer earning $90,000 per year was expected to work until age 65, an economist would project 30 years of income adjusted for inflation and potential raises, then reduce that figure to present value. That projection becomes a central component of the damages sought by the surviving family.
Non-Economic Future Losses: Emotional and Relational Harm
Beyond finances, Ohio law recognizes that the death of a loved one causes deep emotional wounds. The Ohio Revised Code §2125.02 allows compensation for non-economic damages such as loss of companionship, guidance, and society. These are considered future losses because the impact continues for the remainder of the survivor’s life.
Courts assess factors such as:
- The closeness of the relationship between the survivor and the deceased.
- The frequency and quality of their interactions.
- The emotional void left behind by the death.
These subjective losses can often be the most significant and difficult to quantify. Attorneys use testimony, personal accounts, and expert psychologists or grief counselors to help juries understand the long-term toll on the family’s emotional well-being.
Smith v. Jones Transportation Co. (Ohio, 2021)
In Smith v. Jones Transportation Co., an Ohio appellate court upheld a jury award that included substantial future loss damages after a truck driver’s negligence killed a 42-year-old father of two. The court noted that the economic expert had credibly projected $1.2 million in future lost income and benefits based on the decedent’s consistent employment history and career growth. Additionally, $750,000 was awarded to the surviving spouse and children for loss of companionship and parental guidance. The case demonstrated how expert testimony and careful documentation can support significant recovery for both economic and non-economic future losses.
How Ohio’s Comparative Fault Rules Affect Future Damages
Under Ohio Revised Code §2315.33, if the decedent was partially at fault for the accident that caused their death, the total damages—including future losses—are reduced by their percentage of fault. If the decedent’s fault exceeds 50%, the family cannot recover any damages. This rule can have a significant impact on the total recovery amount, making it essential for attorneys to present clear evidence that minimizes the decedent’s share of responsibility.
Common Challenges in Proving Future Losses
Proving future losses requires a delicate balance between data-driven analysis and persuasive storytelling. Insurance companies often challenge these claims, arguing that projections are speculative or inflated. Plaintiffs must counter with detailed financial evidence and expert testimony. Some of the most common obstacles include:
- Lack of employment history or unstable work patterns.
- Disputes over expected raises, bonuses, or retirement benefits.
- Difficulty quantifying non-economic damages for younger victims or children.
Strong documentation, including tax records, employment evaluations, and personal testimonies, can strengthen the case and ensure a fair valuation.
Calculating Future Losses for a Stay-at-Home Parent
In many cases, the deceased was not a primary income earner but still provided immense financial value to the household. For instance, a stay-at-home parent in Columbus who managed child care, transportation, and home maintenance may have contributed the equivalent of $50,000 per year in unpaid labor. Economists convert this contribution into a monetary figure by comparing it to market costs for similar services. This ensures the surviving spouse and children receive compensation that reflects both economic and emotional realities.
Steps Families Should Take When Pursuing Future Loss Damages in Ohio
Families seeking to maximize their recovery for future losses should:
- Preserve all financial records including pay stubs, tax returns, and employment contracts.
- Consult with qualified experts early in the process to project earnings and benefits accurately.
- Document emotional impact through journals, therapy records, and testimony from family and friends.
- Avoid early settlement offers that undervalue long-term losses.
- Work with an experienced wrongful death attorney familiar with Ohio’s jury tendencies and damage calculations.
Why Legal Representation Matters in Ohio Wrongful Death Claims
Wrongful death cases involving future losses require legal teams with strong economic insight and trial experience. Attorneys must navigate complex statutes, challenge opposing experts, and present a compelling narrative that honors both the financial and emotional loss of the decedent. A skilled Ohio wrongful death lawyer ensures that all recoverable damages, including those extending far into the future, are accurately represented and powerfully argued before the court.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Losing a loved one due to another’s negligence is emotionally and financially overwhelming. If you’re in Ohio and facing the uncertainty of a wrongful death claim, understanding how future losses are calculated can make all the difference in securing justice. The experienced wrongful death attorneys at Brandon J. Broderick, Attorney at Law know how to build compelling claims supported by economic experts, life-care planners, and emotional-impact evidence. Whether you’re seeking compensation for lost income, household services, or companionship, our Ohio legal team will fight for the full value your family deserves.