A $1.27 million settlement has been proposed in ligation related to the 2017 death of a Franklin County High School senior who was killed when a ride he was on at the Ohio State Fair broke apart during operation.
It has since been determined by investigators that the ride failed due to excessive rust, which caused one of the ride’s supporting arms to collapse during use. Riders were sent flying and bystanders were struck by debris at the time the failure occurred.
“This accident was horrific – it killed this young man and injured several other people severely,” said Charles E. Boyk, an Ohio Personal Injury Attorney with Charles E. Boyk Law Offices, LLC. “Settlements in cases like this are very often a preferred outcome. The family is able to begin moving past this phase and they are able to avoid incurring additional legal fees and expenses. It’s impossible to put a dollar figure on the life of a child, and money won’t heal this family’s wounds. But it does provide a little bit of closure.”
Settlements are very common in litigation. The most recent statistics indicated that between 95 and 97 percent of all cases end in settlement. The reason, says Boyk, is that a settlement provides certainty. “It’s impossible to know how a case that goes before a judge or jury will turn out,” he said. “Settlements give plaintiffs, and defendants for that matter, certainty in the amount they will receive or have to pay.”
The decision as to whether to accept a settlement offer lies with the client. If a defendant offers a settlement, an attorney will advise his or her client as to the terms of the settlement, and whether the settlement offer is fair. However, the ultimate decision as to accepting lies with the client. “An attorney’s job is to advise on a settlement, but the attorney cannot decide to accept without the client’s consent,” said Boyk. In the State Fair case, the settlement ensures that the family gets something for their pain and suffering. Going to court would have no such guarantees.
Boyk suggests that before agreeing to any settlement that the plaintiff makes sure they understand exactly how much they will receive after all other expenses are paid, and just which rights they are releasing in a settlement. Most defendants will want a full release of liability, now and in the future, in exchange for settling. “You really should consult with an attorney to be sure that what you are giving up is fair and in your best interests,” he said.
You must be logged in to post a comment Login