Ohio Personal Injury Legal Questions

The fact that you were driving a rental car does not have any legal effect of any type on your ability to pursue a claim. If you were injured, then you need to seek immediate and prompt medical attention.  Take pictures of the property damage. Hopefully the police were called and an accident report completed.  If so, then by now you have been swamped by phone calls and letters offering legal and medical services.  Be careful with whom you speak. If you are in SW Ohio, then we could assist you.... Read More

You have a potential claim against the manufacturer of the cheese product. The real issue is the extent of your injury.  If your treatment was an ER visit with no follow up care, then I recommend that you contact the manufacturer directly.  If your injury is more severe, then I recommend that you obtain legal counsel.... Read More

Generally speaking, under Ohio law, an owner of a vehicle cannot be responsible for the damages caused by an adult driver of the vehicle except in two instances: 1. the driver is acting as an agent, employee, or servant of the owner (i.e., is running an errand at direction of owner, delivering goods at direction of owners, etc.), or 2. The owner has reason to know that the driver is not fit to operate an automobile, either because of a mental or physical impairment or disability (which includes under the influence of drugs/alcohol, no driver's license, blindness, health condition, etc.). If neither of these situations apply, then generally the owner of the vehicle cannot be held personally liable for the damages caused by the driver.  So if your son would be in an accident that exceeds your insurance coverage, they could take an excess judgment against your son and his assets, but not your assets, so long as the two scenarios above do not apply.  If you are really concerned about your son driving your automobile, then you can either not let him drive it, or you could increase your insurance limits beyond the $1.3M in coverage you currently have.  Though, to be honest, in most instances, you would have more than sufficient insurance, with the exception of a death resulting from the accident. Best of luck to you.  ... Read More

Your inquiry raises many issues for which additional information would be needed to give you a more specific answer. From what I can gean, your son appears to have significant medical issues based upon your "all other surgeries" comment.  The issue is whether -- had you been asked -- you would have consented to the surgery.  If the amputations were medically necessary and if you would have consented, then there is likely very little recourse for you.  For example, severe diabetes can lead to all types of extremity amputations that cannot be delayed or avoided. Frankly, you need to sit down with a medical malpractice attorney who can obtain a full history as to your son's medical situation to help you determine whether you have a viable case and whether your case is financially worth pursuing. There are situations where malpractice has occurred, but the cost to pursue the claim exceeds the likely recovery.... Read More

Under Ohio Revised Code 4123.90, an employer is not allowed to retaliate for filing a WC claim. However, an employer can fire an employee if there is a legitimate reason. The longer you wait to file a claim and see a doctor, the more difficult your claim will become to pursue. Make a note recording the conversation with the date, time, people present, and your signature. If you have a severe eye injury, then seeing a doctor is likely more important than keeping a job.  You have to weigh the alternatives and decide how you proceed.... Read More

You can file a lawsuit on your own, but doing so will pit you against an experienced insurance defense lawyer. You need to retain counsel to guide you through the process.  If you want to proceed on your own, then you should obtain a sample lawsuit and craft the document accordingly.  The mere act of drafting a civil complaint on your own can result in in language error that could prove to be fatal.  Once a lawsuit is filed, there may be interrogatories, depositions, defense medical examinations, and other discovery deadlines that could present further hurdles. An experienced attorney can navigate these and other issues that may arise.  ... Read More

From your inquiry, you seem to be asking whether you may have a medical malpractice claim against the surgeon who performed your TKR. I cannot answer this question with the information provided. Generally, to prove a medical malpractice claim you will need an expert in the same practice area of the doctor who you are targeting to review all the records, maybe examine you, and then complete an affidavit to the effect that the target doctor breached the standard of care, the specifics of the breech, and that the expert is willing to so testify in Court.  Generally, just to get records reviewed will cost you between $2-3,000 in up front expense money.  ... Read More

The questions is why is she only willing to pay 50%. We the 2 children playing together and things got a bit out-of-control?  Were both children tossing the tree limb?  Was the injury an accident or an intentional act? Frankly, if the other mother flat out refuses to pay 100%, then your only remaining option is to file a lawsuit.  You would then have to balance the cost of litigation against the amount of money you are seeking. While you may well be absolutely right as to what should be paid, the cost to collect may exceed what you can recover.  Are the girl's parents collectible if you get a judgment?  Do they have homeowners/renters insurance that might cover the bills? In my opinion, you need to sit down with an attorney to discuss the circumstances and your options -- including the cost.  ... Read More

I agree 100% with your attorney as to pre-settlement funding. Pre-settlement funding has extremely high interest rates that can and will cost you well in excess of any immediate value you may derive. Pre-settlement funding is a binding lien on your case which means that the loan gets paid before you do.  Remember, you are last in line to be paid from a settlement.  Legal fees and all liens get paid before you see any money. I do not have a good answer -- or any answer -- to solve your immediate financial needs. All that being said, your attorney works for you and if you decide that you want to pursue pre-settlement funding, then you can direct your attorney to cooperate with those efforts.  Your attorney can either assist or withdraw from your case.... Read More

Some years ago, the Ohio Supreme Court held that snow and ice are well know hazards in Ohio and everyone should be on notice to watch out for snow and ice.  In effect, that case effectively killed "slipped on ice" claims on the basis that if the hazard should have been apparant to the property owner, then the hazard should have been equally open and obvious to the person who slipped and fell.  The hotel may have some medical payments coverage available, but this is likely the extent of your possible recovery.... Read More