In February 2013, our 24-year-old client was shot and killed in a tragic accident when an evening at a friend’s house to enjoy an evening of playing video games with friends took an unexpected turn. Our client’s friend, the defendant, retrieved a loaded gun from his closet, and the gun accidentally fired, hitting and killing our client. As a result of this accident, his three young children will grow up without their father.
Our services were retained shortly after the accident occurred and our team worked to help the grieving family through this difficult time by ensuring they got the justice they deserved. We filed a wrongful death action against the defendant in the Seneca County Court of Common Pleas, but we were able to prevent the family from having to undergo an emotionally challenging trial due to our team’s hard work. Often in Ohio, homeowners’ insurance does not cover injuries from gunshots, due to exclusions for acts that are intentional or reckless. In these cases, it can be nearly impossible to recover from the defendant personally, because their assets are almost always insufficient to cover the damages of a wrongful death. Luckily, in this instance our attorneys were able to add value to our client’s recovery by successfully arguing that the defendant’s homeowners’ insurance policy did apply to the facts of the case, ensuring there was coverage for the wrongful death. Although there is no amount of money to account for the loss of a family member, we successfully reached a settlement that satisfied our client’s family.