Ohio Personal Injury Legal Questions

The first question is the severity of your daughter's injury.  If the injury is relatively minor, then the cost to pursue a claim might well exceed your recovery.  You also need to factor in the cost of quitting your job to home school your daughter.  The cost would also include the effect of isolation from other children on your daughter. Unless the injury is severe, you may end up losing more than you would gain. While others may disagree with me, IMO by sending your daughter to the school, you may have implicitly agreed to the terms even though you did not sign the forms.  In any event, the issue is not whether the teacher applied physical restraint, but whether the teacher negligently applied physical restraint.  Teachers have an inherent duty to protect students from harm. So, yes, you do have recourse.  You can engage an expert to evaluate the teacher's conduct.  You can submit a claim for the injury.  Whether you elect to proceed is really a question of what can be gained set off against the cost and potential other consequences.... Read More

Yes, you can sue him. The next question "can you collect?"  If your ex-boyfriend has essentially nothing, then there is nothing to collect.  There is no insurance coverage for the situation you describe. Based upon your question, a lawyer would likely charge yo a 40% contingency fee.  To have your doctor testify, court costs, deposition fees, etc., you would need to be able to pay -- up-front -- about $4,000, most of which would not be reimursible.  If your medical/psychiatric bills have been paid by insurance -- of any type -- you are obligated to repay the insurer from the money collected. If you never reported him for domestic violence, then that is a strike against you. However, from your brief description, I cannot address the specific merits of your potential case.... Read More

 There are a couple of things you might try. One is, obviously, retain an attorney. However, if your son is OK and you only had a few medical bills, that is probably not a good alternative. The other thing is to contact your state insurance commissioner and file a complaint. Then, you can file a claim in Small Claims Court in your local jurisdiction. I think you will find  they will pay then.... Read More

I am unable to substantively answer your question with the information provided.  You appear to have some bumps and bruises with no permanent residual impairment.  If all you had was an ER visit, you could be gin at 3 times the ER bill.  Realistically, your inquiry suggests that you claim might be worth a few hundred dollars.... Read More

You can sue whoever has the legal duty to ensure that the sidewalk is properly maintained. You need to have photos of the sidewalk with a ruler placed so that the amount of unevenness can be determined. Once you have this information, then you should meet with a personnal injury attorney to discuss your options. You did not mention whether you were injured.  If you were not injured to the extent that you required medical treatment, your fall may turn out to be a no-harm-no-foul situation.... Read More

SEEK IMMEDIATE MEDICAL ATTENTION. GO TO AN EMERGENCY ROOM. If you are having these symptoms, then you need immediate care.  Explain everything to the ER staff and follow their advice and recommendations. IMO, you likely do not have a case for emotional distress because you do not describe anything out of the ordinary.  ... Read More

In Ohio, patients have a 1 year statue of limitation within which to file a medical malpractice claim.  The one year runs from the later of the date of the malpractice, the date the patient knew or should have know of the malpractice, or the date the patient last consulted with the medical provider alleged to have committed the malpractice. From what you have described, I recommend treat the statute of limitation as beginning to run as of the date of the incident. If you new neurologist will actually put in writing what he has told you, along with a detailed explanation of causal relationship, then you have something that you can present to a medical malpractice attorney. However, be prepared to need several thousands of dollars for litigation expenses.  You sound like you may have a viable claim and you should at least retain counsel to investigate further.... Read More

The host of the party may have medical payments coverage as part of a homeowner's or renter's policy. You can sue the person who hit you; collectibility may be an issue. If you promptly reported the assualt to the police, then you may be eligible to get the bills paid under Hio's Victims of Crime program.... Read More

The loss of the Pomeranian -- under Ohio law -- is the same as any other property damage claim. Unless your sons are seeking emotional therapy for what they witnessed, there is likely no other claim of any significance. You should call the police and report the incident. If you are dealing only with property damage issues, then there is not a claim of significant value to involve an attorney.  You could file a small claims court action; collecting any judgment wuld likely be difficult.... Read More