Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for the ‘wrongful death Ohio’ Category

Woman Killed in Crash I-275 Symmes Township Cincinnati Personal injury Lawyer Discusses Fault

Sunday, December 11th, 2011

A woman was killed in a crash on I-275 in Symmes township on December 10, 2011. As a Cincinnati personal injury lawyer I know some of the issues that will be raised. One thing I know is that the system breaks down totally almost, when it comes to compensating the loved ones of the person killed by wrongful death. This is a death as a result of carelessness.

In the first place money will never make any one whole as it can in an injury or property damage claim. Plus,  juries have literally been brainwashed by the  insurance company to give a monetary value that is inadequate . I think a death caused by the fault of another should be compensated in the millions of dollars. It give value to the deceased and to his family to know their life meant more that some insignificant amount such as 1 -2  million dollars. It’s a slap in the face to the survivors to compensate their loss with just a million or so dollars. What happens when a plane goes down. The value of the plane in the millions of dollars is paid. A life is much more valuable than property. Any good Cincinnati wrongful death lawyer would tell you that or at they should.

Note in the commentary written on the Chanel 12 web site about the fact that seatbelts were not worn. This is of legal significance if this was a front seat passenger. But the real culprit was the driver that negligently changed lanes , crashed into another car and flipped it so that two passengers were thrown from  the vehicle killing Rhonda Ball. Lets focus on the driver not the seatbelt. but I’ve seen it before used a defense and know that a great biomedical engineer can determine if a seat belt would have made any difference. if it would have the front seat passenger may not collect all their damages.

Find Cincinnati personal injury lawyer Anthony Castelli attorney and call 621-2345 for a free case review. He  has seen this before and can help you if you are faced with a death of a family member or an injury to yourself, or an allegation that your failure to wear your seatbelt was  the cause of your injury.

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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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