Ohio Personal Injury Legal Questions

Slip and fall cases are very difficult to prove. If the hazard is "open and obvious", then there is likely no case.  At a minimum, you need pictures of the actual hazard. The issue is a question of fact for a jury to determine; most premise owners and their insurers fight fall claims.  Unless you have significant injury with permanent residuals, the cost to proceed may well outweigh what you could recover.... Read More

In my opinion, likely "no." You would have had 1 year from your 18th birthday to file a claim.  This would have been -- in effect --  a medical malpractice claim and the 1 year started with the date of discovery.  However, Ohio also has a "statue of repose" which limited the statue of limitation to 6 years from the date the malpractice occurred, regardless of the discovery date. Thus, by the time you turned 24, your claim -- if any -- was likely extinguished by operation of law. You may wish to consult with a local med-mal attorney to consider your circumstance further.... Read More

Yes; Burden of proof in a civil case is preponderance of evidence, which is 51% he is at fault; Criminal case is beyond a reasonable doubt, which means any doubt of guilt, then your not guilty; Although being found not guilty in a criminal case helps, it doesn't mean you won't win a civil case; Ask O.J.... Read More

You have a WC claim only. Your were injured in the scope and course of your employment, to wit: attending a mandatory meeting.  The cook is a co-employee. Under OH WC law, WC is a no-faut system, so negligence is not an issue.  The OH Constittution precludes negligence claims against co-employees and employers for workplace injuries. To be able to sue your employer, you would have to be able to prove that your employer intentionally caused your injury with the specific intent to hurt you.... Read More

Under the scenario you describe, your attorney is entitled to no fees until the contingency occurs -- your case is settled.  At that point, he would have a quantum meruit claim as to the reasonable value of the services rendered. Under the Code of Professional Responsibility, you could contact the local bar association for a fee mediation/arbitration proceeding to be scheduled at which time the attorney would have to prove the value of the services rendered. Please note that the value could be the full contingency fee, although such a determination is rare. Generally, your new attorney will work something out with the prior attorney as to division of the fees.... Read More

My understanding is that there are class actions filed regarding Dulfucan causing a discrete set of birth defects.  I am not aware of any litigation relative to adults who have used the drug. If you have been excessively prescibed Dulfucan, then you may have a potential malpractice claim against the doctor.... Read More

Your husband will need to file a lawsuit and then issue discovery to the business requiring the business to produce the video -- if the video still exists. As a rule, on slip and fall calims, most attorneys will immediately send a letter to the business asking that the video be preserved.  The failure to preserve the video could give rise to a claim for spoiliation of evidence. You have been stonewalled.... Read More

If you have not done so already, then you should file SSI applications for both of your children. As for a personal injury claim, you first need a viable defendant.  This may entail filing a lawsuit against the former landlord as oftentimes low income landlords ignore claims. You should also contact the Health Department and report the lead violation. There is too little information currently available in your question to give you a better answer.  You apepar to have a claim that should be further investigated and evaluated.   ... Read More

While you can submit any settlement proposal you want, as a rule -- and this is a pretty-set-in-stone rule -- insurance companies will settle for a lump sum inclusive of attorney fees, medical bills, and P&S.  Medical bills can and are usually negotiated downward to increase your portion. If you are dissatisfied with the projected net, then you always retain the option to proceed to trial.  You may incur additional out-of-pocket expenses for trial costs, ii.e. deposition fees frommyour doctor, that are not reimbursed as court costs. You should meet with your attorney and discuss your available options.... Read More

Under Ohio law, an attorney who is discharged by a client has a right to be paid for the reasonable value of the services rendered up to the date of the discharge. With a contigency fee PI case, the right to be paid does not exist until the the contingency occurs, i.e., the case is settled.  Generally, the lawyer needs to provide an itemized bill for time spent and expenses incurred.  If the lawyer writes the insurance company that he/she has a lien for fees and expenses, then most insurance companies will honor the lien to the extent of including the lawyer as a joint payee on the settlement check. Your new attorney may be able to work out a deal with your old lawyer, or, upon settlement, then you can request fee mediation/arbitration through your local bar association.... Read More

Legal action, no.  The perception would be that you have an injury that was so "insignificant" that you did not need medical attention. If you filed an incident report with the restaurant, then you could contact the GM and ask for some type of "good will" gesture in terms of perhaps a gift card or something. The cost of any litigation would far and away exceed any recovery you might get.... Read More

You generally have a right to change legal counsel. However, depending on the type of case and if you are close to a pending hearing, the court may not continue your case for the new counsel to get up to speed and the court may not release your existing counsel, especially if you have a case that is ready for trial.... Read More

Your best option is to obtain your past presciption record and sit down with your doctor to discuss your concerns. However, a doctor runs a service-oriented business and if he elects to no longer do business with you, then you have no recourse. Doctors are under a lot of Federal and State scrutiney over marcotic medication prescriptions, and many doctors have a very low threshold for any type of deviation from what has been prescribed.... Read More

If your insurance is GEICO, then GEICO has to provide a defense at no cost to you. You have the right to hire personnal counsel and you should expect to pay $150 per hour or more with an up front retainer fee of at least $1,500. Before you hire counsel, see if a lawsuit is actually filed.  Your insurance company DOES NOT need your consent to settle with the other driver.  Your option is to take your business elsewhere.... Read More