In November, a Franklin County woman was sentenced to 18 years in jail for a drunk driving accident that killed three people in 2013, NBC4 reported. The perpetrator of the crash, Melissa Ann Robins, 34, plead guilty to three counts of aggravated vehicular homicide and four counts of vehicular assault. If you were injured or lost a loved one in a car accident involving a drunk driver contact a Columbus car accident attorney today
On September 17, 2013, Robins was travelling south on Route 62 when her car drifted into oncoming, northbound traffic and hit another vehicle head on. The car was occupied by a husband, wife and three of their children. The couple’s nine-year-old daughter died from her injuries at a nearby children’s hospital. Two of the passengers travelling with Robins died at the scent. The indictment stated that Robins had a blood alcohol content, BAC, of .104 at the time of the crash. The legal BAC limit in Ohio is .08.
Wrongful Death Suits in Ohio
In cases where the driver can be found negligent for the death of a person in an accident, a wrongful death suit can be filed by the deceased party’s estate. Only certain family members can seek damages in a wrongful death case. This includes the victim’s spouse, children and parents. The victim’s family has a two year statute of limitations to file a wrongful death in Ohio but after that their case will not be heard in court.
There are also a variety of damages the victim’s family can seek in a wrongful death case. Such damages include:
- Medical and funeral expenses;
- Compensation for potential earnings the deceased person potentially could have made had they lived;
- Loss of the deceased services like house work and childcare;
- Pain and suffering the death caused the family; and
- Loss of possible inheritance the deceased may have received if the victim had lived.
In Ohio, the jury has the right to award damages proportional to the injuries and loss suffered by the beneficiaries of the suit. The jury considers whether or not the beneficiaries were dependent on the deceased for support. This would mean that non-working spouses and children would probably see more money than parents, unless the deceased was the parents’ primary caregiver and supporter. The courts also consider how much the deceased earned and how long he or she would have been expected to keep working. The damages awarded can cover the costs between the accident and the death but also costs suffered after the victim dies on behalf of the family.
Contact a Columbus Car Accident Attorney Today
If you were injured or lost a loved one in a car accident in Columbus or Toledo, Ohio, the Ohio Car Accident Lawyers is here to help you get through it. Whether you require assistance negotiating with insurance companies, litigating against other drivers or just general legal consultation on personal injury matters, because time is of the essence, we encourage you to take charge now by calling us today.