O'Shea & Associates, Co., L.P.A.
Please Call : 216-241-0011
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323 Lakeside Avenue
Suite 450
Cleveland, Ohio 44113
(216) 241-0011 - land line
(216) 479-7687 - fax
(216) 470-8098 - cell
WHAT IS A "TORT"
Generally speaking, a "tort" is an injury one person or entity inflicts (accidentally or intentionally) upon another. When one person commits a tort upon another, the injured person is entitled to remedies under the law. Generally, these remedies can include monetary compensation and restraining orders. The person who brings the lawsuit is called the "plaintiff," and the person who is sued is called the "defendant." The area of tort law is often referred to as "personal injury" law (although this is not altogether a completely accurate term). Most torts involve, in some part, the doctrine of "negligence." The concept of negligence can generally be describes as (i) the failure of one person to act in way we would expect that person to do under the circumstances and (ii) an injury which results from that failure.
TYPES OF DAMAGES
In most tort cases, the plaintiff is seeking damages (i.e. money). Generally speaking, there are two major categories of damages a plaintiff can recover in a personal injury case: (i) compensatory damages and (ii) punitive damages. See also, web page dedicated to damages: Damages Law Materials.
"Compensatory damages" are designed to "compensate" the plaintiff for what the plaintiff has lost or endured (e.g. medical bills, lost wages, lost income, physical pain and suffering and mental/emotional pain and suffering) as the result of the defendant's actions.
"Punitive damages" are designed to punish the defendant for his actions. However, punitive damages are only awarded in extraordinary situations where the plaintiff proved that the defendant acted with malice or intent - negligence is not enough. The law permits punitive damages in order to discourage similar acts in the future by the same defendant or other persons. Punitive damages are usually awarded in cases involving fraud, bad faith or intentional acts. However, in order to get any punitive damages in Ohio, the plaintiff must be awarded at least some compensatory damages.
Some tort cases also seek what the law calls "injunctive relief." Injunctive relief involves a court order requiring or preventing the defendant from doing or continuing to do a certain act. This type of relief includes such things as temporary restraining orders and permanent injunctions. A plaintiff can request both injunctive relief as well as monetary damages in the same lawsuit.
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Please Call : 216-241-0011
Attorney Profiles
Ronald M. Lipson (1935-2011). Ronald Lipson was the founding member/partner of the Lipson O’Shea Legal Group. Mr. Lipson dedicated his entire half-century legal career to serving and protecting the rights of injured persons in Ohio. Mr. Lipson’s client loyalty and humble/friendly demeanor predominated his practice in a time when other lawyers and law firms turned to modern forms of media to promote their legal practices. Generations of Ohio families turned to Mr. Lipson when their loved ones were injured.
Michael J. O’Shea is the current principal and owner of the Lipson O’Shea Legal Group. Prior to joining with Mr. Lipson, Mr. O’Shea ran his own successful solo legal practice in the general areas of personal injury (including the prosecution of lead paint poisoning cases), criminal justice (with a specific concentration in DUI/OVI/traffic defense), domestic relations and small business litigation.. Mr. O’Shea and his legal team continue the value, loyalty and tradition of Lipson O’Shea’s reputation with clients and their families.
Mr. O’Shea has been a licensed attorney for 24 years, is a former felony prosecutor for Cuyahoga County, and still serves as the City Prosecutor in a Cleveland suburban community (where he prosecutes DUI/OVI/traffic and misdemeanor matters).
Mr. O’Shea has been a presenter for a number of local continuing legal education programs on the subject of DUI defense and prosecution. The programs are designed to educate lawyers who need or want to learn more about this subject. Mr. O’Shea is currently the president of the Northeastern Ohio Municipal Prosecutor’s Association, an association of the municipal prosecutors in the northeastern portion of Ohio. Mr. O’Shea is also currently a trustee in the West Shore Bar Association, a legal association of lawyers in the western suburbs of Cuyahoga County Ohio.
Mr. O’Shea is also a proud board member with Our Lady of the Wayside, an organization which serves a number is mentally disadvantaged children and adults in Northern Ohio -and you all should give to this great organization when you can. Mr. O’Shea is also a disaster action team volunteer with the Greater Cleveland Chapter of the American Red Cross – and you all should also give to this great organization when you can.
Please Call : 216-241-0011
Cleveland OH Personal Injury Lawyer