caps on damages
June 21, 2012
I’ve been encouraged by my long time friend and technical guru to begin blogging. I suppose what I am most interested in discussing are the difficulties encountered in securing fair compensation for my injured clients. When I discuss what Ohio’s legislature has done to our tort system I am met with disbelief or a total lack of understanding. People really don’t understand how unfair caps on damages, short statutes of limitation and immunities are until it directly effects them or a member of their family. Recently, I agreed to represent a family whose son in his mid twenties was killed at work while operating a fork lift truck. Unfortunately, the law on employer intentional tort has been changed drastically and this law has been upheld by the Ohio Supreme Court. I will do my best for this family to explore all possibilities for third party actions, in addition to one against the employer. It will be an uphill fight.