Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for April, 2011

Wrongful Death Explained – Car Truck Motorcycle Accidents

Monday, April 11th, 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

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How to Protect Yourself From Hit and Run Car Accidents

Monday, April 4th, 2011

Recently there was in the news the case of a hit and run car driver killing a child and injuring his mother. This happened through no fault of their own and was caused by possibly a drunk driver running a traffic signal..  Luckily the police caught the driver. But in many cases they don’t.

You need to know how to protect yourself .  The biggest thing you can do is purchase uninsured motorist coverage from your own car policy. This generaly protects you if a driver at fault hurts you and leaves the scene.

There are usually certain requirements in your insurance policy that need to be met. You need corroborating evidence. This is usually a witness, but could be retaining parts of the vehicle that hit you that fell off in the crash.

You also need to call the police right away and make sure they come to the scene and make a report.

You also need to contact your own insurance company as soon as possible. You must cooperate with them. It might be prudent to have an attorney guide you through those steps.

While money damages can never make up for the loss of a child , just know that uninsured motorist coverage is there to protect you and your family even if you are pedestrians.  Make sure you buy this coverage in at least the amount of $100,000.00 if not more.

If you have any questions check out my Cincinnati car accident practice center or call me at 1-800-447-6549 Anthony Castelli Cincinnnati car accident attorney

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Parents Don't Kill a Child With Alcohol Hosting Parties Where Kids Die by Cincinnati Attorney

Friday, April 1st, 2011

Parents please don’t host a party where you let children drink. You could kill a child. You could kill others through your neglect if the person gets in the car and hurts others.  Some parents think it’s fashionable to let their kids drink at home with them . Some parents even let kids other than their own drink at their home. You could be civilly and criminally responsible . Just click on this link from the State of Ohio to see.  http://www.com.ohio.gov/liqr/docs/liqr_ParentsHost.pdf

•  It is illegal to host or allow
teen drinking parties in your home.
What parents should know:
•  As a parent, you cannot give alcohol to your teen’s
friends under the age of 21, under any circumstance,
even in your own home, even with their parent’s
permission.
•  You cannot knowingly allow a person under 21, other
than you own child, to remain in your home or on
your property while consuming or possessing alcohol.
If you break the law:
•  You can face a maximum sentence of six months in
jail and/or a $1,000 fine.
•  Others can sue you if you give alcohol to anyone
under 21 and they, in turn, hurt someone, hurt
themselves or damage property.
•  Officers can take any alcohol, money or property used
in committing the offense.
I just read the story of Shelby Allen. Determined to drink 15 shots she died from alcohol. More disturbing is she drank them at a friend’s house while the parents were home. According to the story she was invited to a friend’s house where there was drinking. The father went upstairs and told the girls not to drink as he left them around an open bar. Great example . What an idiot. Though he certainly meant no harm .
Later Shelby drank 15 shots and was passed out after vomiting in the toilet. Except she was not passed out she was dead. One girl had earlier texted a boyfriend to come over for help because Shelby was shaking and not responding but he couldn’t .
There’s a lot more to the story. You can read about it in good housekeeping. As a lawyer there’s many cases I decline . It’s not always a moral issue. But in a case like this where you let kids in your home you have a legal and moral obligation. (All laws should be based on sound moral principles but who always agrees on  morality) I don’t care if you agree or not. Its the law. And I hope that if you are so careless to allow underage drinking and a child dies you  pay. But my fervent hope is that you don’t let kids drink in your home.
I had my two kids read the article , not so much because I was concerned  that they would drink to excess, but who really knows for sure. But more so because I want them to know what to do if they see a kid in trouble. “Teach your children well” but maybe its the parents who need a lesson.
I don’t mean to come off holier than thou. But this story really hit me. So sad to lose a child . All the more so when it could and should have been prevented. Here’s the link to the site Shelby’s rules.
http://www.shelbysrules.com/

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