Son was passenger in car with driver and 1 other. Kid in back seat (HAD A GUN - who my son didn't know very well - but the driver did) had an ongoing issue with another kid that they ran into at a convenience store. (1 PM in the afternoon) Argument broke out, they went their separate ways, but the other car followed them and the driver of my sons vehicle pulled over. Sawed off shotgun came out of a backpack of the other car and my son was murdered point blank by the driver of the other car. Another kid in the other car tampered with evidence. 5 idiots involved - all knew each other but my son did not - and he ended up dead. I feel the driver should not have allowed an armed person in his car, should not have pulled over, and holds a big piece of the responsibility. Both shooters have been thrown out of Toledo Public Schools for gun violations, so their parents knew they were a danger. I feel they both also should be held responsible for my sons death. All involved were 17-18 years old -my son was the oldest. The drivers mother (whos car my son was in) came up to me at my sons funeral to scream at me that her son was "taken downtown in handcuffs." All low -life idiots.
Yes you can sue, causes of action would be wrongful death and possibly a claim by the estate for R.C. 2307.60 however the obvious issue is that low life idiots usually have no money, no real estate, and nothing worth taking. I wouldn't expect a lawyer to take this sort of case on contingency. You would probably have to pay $200 to $400 per hour and if it goes to trial the case might wind up taking 50-100 hours.
Suing a bunch of losers who have no money, just to get a judgment, doesn't present an attorney any opportunity to recover for his time spent.
It is an unfortunate tragedy that you have lost your son, but the simple truth is that suing his killers, people who seem to have no money, will probably just leave you further burnt out and miserable by having to be in litigation with them and having to spend time with them in court while you spend at least $10,000 to $20,000 over a year or two of legal proceedings to get a judgment that you likely won't ever collect on. I'm an attorney who does civil litigation but I wouldn't want to help this endeavor because you will probably feel worse at the end of the litigation and you'll be spending tens of thousands of dollars to wind up feeling worse.
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