Legal News for Ohioans
This news may someday affect every Ohioan who becomes a victim to personal injury.
Currently, the Ohio Constitution makes this promise: “Every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay.” This is good. But there is more to this, let me explain.
Even if you were injured and your case goes to trial and you win, and the jury awards you a fair amount, ( a large fair amount ), your large fair amount can be overturned because of a 2004 Stivers law. The 2004 Stivers law can require a judge to cut your settlement no matter how large it may be, to a capped amount which is much smaller even though a jury says you deserve more. That’s not trial by jury. That’s an outrage.
So, why is The Eshelman Legal Group writing this article? Because we believe this is unfair to you. We have been fighting for the rights of the injured for over 40 years. We would like the 2004 Stivers law overturned or at the least revised in favor of the injured.
The Ohio Supreme Court has recently accepted a case contesting the constitutionality of R.C. 2315.18, Ohio's cap on non-economic damages.
Many times, personal injury cases are settled out of court. In other words, an agreement is decided upon and there is no need for a day in court with a trial, judge and jury.
But, if an agreement is not decided upon, your case will go to trial. Your case will have a judge and jury, and they will decide if you are to receive compensation and what amount is fair. But, as we have mentioned earlier, your settlement amount can be reduced because of the 2004 Stivers law.
The Eshelman Legal Group is not in favor of the 2004 Stivers law.
Amanda Brandt, ( the plaintiff ), was a victim of child molester/pornographer Roy Pompa, then of Brook Park. Pompa, now 56, is serving a life sentence in the Marion Correctional Institution. He is listed by the Rehabilitation and Correction Department as a “sexually violent predator.” In Brandt’s lawsuit, the jury awarded her what jurors considered appropriate damages, but that meant nothing: The 19 senators and 65 representatives who voted “yes” in 2003 and 2004 on Stivers’ “tort reform” bill in effect prejudged Brandt’s case. That’s not trial by jury. That’s an outrage.
The state Supreme Court voted 4-3 to accept Brandt’s appeal of the lower courts’ decisions. The three justices opposed to hearing her appeal. Republican Justices DeWine; Fischer; and Sharon L. Kennedy, of Butler County. Kennedy and DeWine are expected to run for chief justice next year.
The Eshelman Legal Group hopes everyone gives great consideration in regard to victims' compensation during this next Ohio election.
If you need a top rated personal injury attorney for any type of accident you or a loved one have encountered, you can get our help without leaving your home or hospital room.
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The attorneys at the Eshelman Legal Group understand that no matter how cautious you are, others may not be so careful, and accidents do happen. So we hope you don’t need to, but if you are in a situation where you need the advice of an personal injury attorney, the Eshelman Legal Group is here to help you. For over 40 years we have been assisting accident victims, and we are here to assist you too... because “We’ll make things right.”
Ask yourself this question… who does the adjuster work for? The adjuster works for the insurance company, they do not work for you.