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Cincinnati Personal Injury Lawyer Blog

Information regarding personal injury claims from a Cincinnati personal injury and accident lawyer focusing on Ohio law

Sunday, November 08, 2009

What is Wrongful Death in Ohio

Wrongful Death in Ohio Settlement Averages

A wrongful death occurs anytime someone is killed as a result of the fault of another. Fault in the law is called negligence . This is a failure to exercise care that a careful person or corporation would exercise. There can also be an intentional act that causes death . This also is a wrongful death if it is not legally sanctioned.

Examples of wrongful deaths are when a driver runs a red light, stop sign , speeds , follows too closely and as a result a car collision occurs and they kill someone. There are many other situations that can be a wrongful death.

Who Can Bring A wrongful death Action in Ohio

In Ohio the personal represntative of the deceased person's estate appointed by the probate court is the person who brings the wrongful death on behalf of all the beneficiaries to the action. The beneficiaries are not necessarily those people named in a will. They are the people named in the Wrongful death statute. They can be anyone related by blood or adoption to the deceased. These can be the spouse, children, parents, brothers and sisters, nephews nieces and others.

What are the Settlement or Trial Damages

The damages recoverable include the economic loss. What would the deceased contribute to any relative had they lived. Also the non economic damages are extensive. They include loss of care , guidance , counsel, training , companionship and many other items of personal loss. Also the mental anguish caused to the beneficiaries as a result of the death is recoverable.

In many cases the damage award exceeds 1-2 million dollars as well they should. Even though the taking of a life may have been unintended, if it occured as a result of carelessness, a life is ended, it should not have, and those left behind suffer the loss forever.

I have personally been involved in trial of wrongful death and in one the jury verdict was $1,750,000 and the other was $2,750,000.00. However I know of cases where the award was much less as well as much more.

Of course money can never make up for the loss. But our society does not sanction an eye for an eye and revenge does not make up for a loss. In fact ,We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Money can keep a widow in her home, it can help her provide for her children. Parents can establish memorials in the name of the deceased.Children can go to college.

After all, if it was a piece of property that was destroyed no one would have a problem awarding damages for the value of the property. In addition this serves as a deterrant from people and corporations acting irresponsively.

By Anthony Castelli Cincinnati attorney will discuss with you any questions you have about wrongful death in Ohio. Call today 621-2345 for help

posted by Anthony Castelli at 2:04 PM

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Cincinnati Personal Injury Lawyer Blog

Sunday, November 08, 2009

What is Wrongful Death in Ohio

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