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You are currently browsing the Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli blog archives for April, 2011.
Archive for April, 2011
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
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
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
"Your office has been nothing but good to us! From our very first phone call to the very end, you were there to listen. You have been a fantastic attorney. We were undoubtedly going to lose everything we had because of the accident, but you made sure we were taken care of!! We are no longer worried about losing our home, and it's because of you! My family is back on track! Words cannot express how much we appreciate everything you did for us. I know you will be a blessing to a lot more people!" With love,
Morris & Jennifer Smith