An Ohio woman was recently awarded nearly $4 million in compensation for the September 2011 death of her husband. He was found in a wooded area less than two months after he was reported missing, with his death ruled a homicide. The alleged murderer never faced criminal charges, and in a strange turn of events, he himself was killed in October 2013.
The man, an employee of the victim, had confessed to a friend that the FBI had questioned him about the murder. In addition, he was able to describe in detail how the body was dumped and later recovered. Another witness told authorities that the man had told him to drive to a wooded area near Salineville. The man entered the woods and came back with $80. The witness took police to that same spot six weeks later, around the time when the victim's body was recovered.
This information was enough to grant the victim's widow a $3.7 million award for her husband's wrongful death. The amount includes $1.5 million for punitive damages. This suit was filed against the man just before his death -- also a homicide. Murder charges are still pending in that case. The widow's award could come out of the man's estate.
Although many people may think that wrongful death only applies in the case of accidents, any type of negligent misconduct -- accidental or purposeful -- can result in a civil suit for the victim's surviving family members. In addition, the negligent party does not have to be formally charged with a crime before the victim's family can file a wrongful death suit. The fact that the widow received punitive damages is rare, however, because these damages are not usually allowed. There has to be malicious intent involved in order to receive these types of damages -- especially to the tune of $1.5 million.
Source: Salem News, "Klusch awarded $2.2 million," Deanne Johnson, Sept. 25, 2014
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