Ohio Personal Injury Legal Questions

You need to speak with a local medical malpractice attorney.  There are various statutes that may protect your rights and a local medical malpractice attorney will be able to determine which laws apply.  Additionally, there are time limits to filing suit, and you should immediately contact an attorney to discuss your case to preserve your right to file suit. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Generally, if the other driver remains uncooperative, you may chose to submit the claim through your own insurance carrier and let them worry about pursuing the at-fault-party. You may contact our office at our phone number to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at our websites. Thank you.... Read Answer

Since you did not have insurance you will likely lose your license until you get insurance. You should hire an attorney to defend you however, if you have no assets and your income is limited, he will probably pursue an uninsured motorist claim against his own insurance company and they will then be subrogated to his rights, meaning they can then pursue you to pay for any damages they have to pay to him. I suggest that you meet with an attorney before even considering filing bankruptcy as that should be the absolute last resort at this time. Good luck.... Read Answer

Since you would not expect birth control pills to cause this kind of problem, I think the question is whether you were given the wrong medication. Someone would have to look at the pertinent medical records, including the hospital admission records and the pharmacy records to investigate this.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read Answer

First of all, it seems to me that you should stop using the bed immediately before something serious does happen. Since your daughter has already gotten hurt and you know of its dangers it might be wise not to use the bed any further. Second of all, there are many product liability cases against crib manufacturers. More information is needed to properly evaluate your specific case.... Read Answer

I wouldn't settle any case involving a concussion within a couple weeks of an accident.  First, your doctor has advised you that you can expect to suffer headaches for up to a period of eight weeks.  What if that doesn't turn out to be true and you have these problems for the rest your life?  Right now, you have no idea what the full extent of your injuries are.  Wait until you are absolutely positive that you will have no continuing issues related to the concussion before you agree on any settlement value. If your injury turns out to be more significant than you initially thought, you should also consider hiring a local personal injury attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

The facts do suggest that the damage to the hearing was precipitated by the collision with the other child and therefore I think you would have an uphill battle attempting to prove that the hearing aid exploded due to a defective design. You can do some Google searches to see whether there was a history of this kind of problem with Oticon hearing aids.  If you turn something up then you might consider approaching a local personal injury attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

Slip and fall cases are difficult cases to win and insurance companies frequently deny these claims because of the law as it is written in Ohio. You need to trust your attorney in terms of his or her advise on the law and whether you are likely to win and whether your winning at trial will fairly compensate you for your injuries. If the insurance company will not offer you anything out of court, the only alternative it to proceed to trial before a jury. These cases can be very expensive so listen to what your attorney has to say about the chances of winning, the cost to proceed to trial and the amount you can reasonably expect to receive in the event you are successful.... Read Answer

That is a very subjective question.  Some would argue that there are not enough attorneys, because there are many valid claims that go neglected due to the fact that the individual is unable to afford an attorney.  More attorneys would drive down the cost of legal representation, and therefore make representation more affordable to indigent clients. With respect to the countries you reference, most countries function on a civil law basis where laws are codified.  The US and England operate on the common law where rules of law can be based on previous cases or are codified.  There is less need of attorneys in civil law countries because the law is codified and not left to judicial interpretation which makes the practice of law simpler, and therefore less attorneys are needed to practise law.  This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Yes.  You can ask your attorney to provide you any document in your file because your file is your property.  The attorney, however, may not currently possess the check or have a copy of the check. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Dismissed without prejudice means that the case can be filed again.  If the case was dismissed with prejudice, the case could not be refiled. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

John Bisnar The best personal injury attorneys generally will provide you a free consultation to review your circumstances, advise you of the law and your options and make recommendations for how you, in your particular situation should/could proceed.  Consult with a local attorney well versed in "slip & fall" cases.  "Slip & fall" cases can be very challenging.  Just because you fell in Walmart doesn't mean that Walmart is legally responsible for your injuries.  If the water had been on the floor for a considerable time and/or Walmart was responsible for the water being on the floor, the water created a hazard and the hazard was not obvious to you, you probably have a strong claim that Walmart is legally responsible for your injuries. If the water was spilled by another Walmart customer a few moments before your fall, your probably have a very weak claim against Walmart. These are not the only issues that are determinative of liability on the part of Walmart.  This is why you are best served by consulting a local, experienced "slip & fall" attorney.  Do it before you speak to anyone representing Walmart. Look in the upper left hand corner of this page for "Find a Lawyer".  Click on that button and it will help guide you to finding the right lawyer for you. Good luck with your claim and your baby! John Bisnar BISNAR|CHASE, California Personal Injury Attorneys Trusted Professionals, Proven Results www.BestAttorney.com 800-956-0123... Read Answer

It is hard to suggest a figure to settle a minor's claim. Depending on the age of the minor and the extent of the injuries it may be too early to settle. Also most settlements of minor claims require probate court approval so you will need to have your attorney present any settlement offer to the probate court for approval. The fact that the accident sounds like it may have been caused by the negligence of her father complicates the case and you should discuss this with an attorney that handles personal injury claims if you do not already have an attorney. I hope this helps but remember the statute of limitations for a minor personal injury claim does not expire until the minor turns 20 years old unless it was due to medical negligence in which event it would be until the minor turns 19.... Read Answer

You have a valid case against them. The only question is whether you want to go through the hassle of pursuing it. If you can find a local personal injury attorney to proceed with the case on a contingency, then I think it would make sense to go ahead.  Good Luck.   Andy Gillin, Senior Partner GJEL Accident Attorneys... Read Answer

The short answer to your question is "it depends on your fee contract." You should request a copy of the Contract or contingency agreement. If you did not sign one, that is a problem as fee contracts are required in Ohio. Most attorneys who concentrate in personal injury matters take their percentage fee from the gross settlement amount before other deductions. If you are unhappy with the settlement proposed or unsure if your case is being handled appropriately, you are permitted to consult another attorney. Most lawyers will review your claim without charge. Also remember that you, as the client, are permitted to release an attorney from representing you and obtain new counsel. Any fee splits are usually worked out between the old lawyer and the new lawyer. Jami Oliver - Oliver Law Offices The information contained in this transmission may be attorney privileged and/or confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.... Read Answer

Your computations seem to make sense, if your doctors and workplace support them. Still, you may not be able to collect all of this even if a jury agrees with you because Ohio has a cap of $250,000 or $350,000 on pain and suffering depending on circumstances. There is no limit on economic damages like medical bills and lost past and future wages. There are many factors that you have not described that figure into the value of your case, such as whether liability is clear and how much insurance is available. No attorney can settle your case without your permission, so you have the ultimate choice whether to settle or go to trial. Good luck!... Read Answer

You should be able to file a claim in Ohio against the driver that struck you and claim all of the damages for your injuries. The fact that your own vehicle was insured under a NY no-fault policy should not affect your claim against the other driver. I would contact an Ohio attorney that handles personal injury claims to discuss your options.  ... Read Answer

Dental/medical malpractice cases are always difficult to prove, as well as expensive and time consuming. Extractions necessarily include a possibility of complications, including damage to surrounding tissues, so it is possible that some of the injuries were unavoidable. As for the nerve exposure, pain and infection, there may be a failure to adhere to accepted practice, and resulting injury as well, but in order to be able to pursue it, we would have to show that the consequences are severe enough to merit recovery.... Read Answer

This is a question best answered by a lawyer who does a lot of worker's compensation cases. There are, of course, time limits to making those claims and you would certainly need a doctor at some point to substantiate your condition and relate it to your workplace. You should find a very good worker's compensation lawyer to consult with.... Read Answer