Posted: April 11, 2011
When someone is killed as a result of the fault of another this is termed a wrongful death. I'm talking about civil law not criminal law. In Ohio under civil law the next of kin are entitled to recover money damages for their loss.
The damages include not only economic loss, but also loss of care , comfort , guidance , protection , affection instruction , consortium and the mental anguish suffered as a result of the death. These damages are available to the spouse, children , parents and other next of kin such as brothers, sister and other relatives.
An estate must be opened in probate court and the person that opens the estate , usually the spouse , if there was one , is responsible for recovering the damages on behalf of everyone. I just finished a wrongful death case involving a car going left of center. I am currently in a law suit on behalf of the family of a motorcylcist that was killed. These cases are devastating to the family and the grief and saddness can be immeasurable.
Their is a duty to measure the loss although money can never make up for the loss. It does serve the ends of justice, can provide some closure, and help the family at least replace the loss of income or services the deceased provided.
The term wrongful means negligent or failing to act reasonably. Usually when a truck or car fails to follow the rules of the road such as running a stop sign, red light , speeding or going left of center and causes a death in a crash this is a wrongful death case.
Some totally understand suing for property damage , but don't understand the law suit for the wrongful and preventable loss of life. I certainly understand the underpinning and devote many hours to keeping the family informed about the process so they feel some sense of control about their life.
Here is a blog I did on blog talk radio. Wrongful Death in Ohio What is a life worth
If you have questions about wrongful death in Ohio I can answer your questions at no cost and no obligation. 1-800-447-6549 or 513-621-2345 by Cincinnati wrongful death lawyer Anthony Castelli
