Cincinnati Personal Injury Lawyer - Automobile Accidents

Full Coverage? Not For Your Family.

Brett Goodson — Thu, 11 Jun 2009 14:56:00 GMT

You’ve done the responsible thing and purchased full coverage automobile insurance. You want to protect your family should the unthinkable occur. Relying on the insurance companies promise of safety, security and peace of mind, you can count on their promise of full coverage in your time of need right? Unfortunately for you, the answer is likely no.

It may shock you to learn that the “full coverage” for which you are paying may not fully cover your family in the event of an accident. This insurance company loophole is called the “family exclusion” and allows an insurance company to deny all coverage to family members injured in an accident. An organization that is truly on your side, The Ohio Association for Justice, has released a detailed report explaining the history of the family exclusion, its modern day application, and how many insurance companies include it in their policies to exploit their customers. In short, the family exclusion (which can usually be found in small print buried within your policy) allows an insurance company to avoid its responsibilities to you, the customer. For example, if an insured individual with so called “full coverage” negligently causes an accident which seriously injures his or her family, those injured family members will not find themselves in the good hands of the insurance company, but rather left to fend for themselves. However, if there happens to be an unrelated party in the car when the accident occurs, that party will be fully covered by the insured’s policy. Same car, same circumstances, same accident, and yet the unrelated passenger is fully covered while the family members get no assistance from the policy they paid for. Even a caveman could see the absurdity and unfair nature of the family exclusion policy.

Acting as a good neighbor to his community, a Toledo attorney wrote an opinion piece for the local paper detailing his thoughts on the unfair family exclusion loophole. What can you do to inform yourself and stop the insurance company’s progressively bolder attempts to deny you the full coverage for which you are paying? First, you can contact your insurance agent and as them to explain the exception and if it is in your policy. If the exclusion is in your policy, shop for another insurance company. In addition, you can contact your local state representative and request they close the intra family exception insurance loophole.

Originally posted at InjuryBoard by Brett Goodson

How Much Auto Insurance Should I Carry?

Brett Goodson — Tue, 26 May 2009 14:48:29 GMT

Deciding how much auto insurance to carry presents some difficult issues. The most obvious reason to carry auto insurance is to protect yourself if you cause injury or property damage to another due to your negligence. None of us expect to cause an accident, but they do happen. It can be as minor as a fender-bender backing out of a parking space to as serious as causing the death of another because you briefly took your eyes off the road.

Ohio law requires you to carry at least $12,500 in liability coverage. This isn’t nearly enough to cover most accidents. Liability coverage protects you up to your policy limits for damages caused by your negligence. So what should your policy limits be? They should far exceed any assets you have to protect. If you own a house, car, and have money in the bank, the only way to protect it is by adequate insurance coverage.

The other aspect to auto coverage is uninsured motorist coverage. This protects you to some extent if the person who injures you in an accident is either uninsured or underinsured. In Ohio you can’t buy uninsured/underinsured motorist limits higher than your liability limits so you need adequate liability limits to get adequate uninsured/underinsured motorist limits.

Probably, the best and most economical way to protect your assets and loved ones is to buy an umbrella policy over your liability limits. Make sure the umbrella coverage includes uninsured/underinsured motorist coverage. For most people I would recommend a $1,000,000 umbrella over your auto liability coverage, uninsured/underinsured motorist coverage, and homeowner’s coverage.

Originally posted at InjuryBoard by Brett Goodson

Tort Reform In Ohio: What They Don't Tell You

Brett Goodson — Sun, 19 Apr 2009 22:52:14 GMT

Ohio’s recent wave of tort law changes has done nothing but enrich insurance companies and big business at the expense of those in the greatest need. When insurance companies lost money in the stock market a few years ago they ran to their Republican friends in the Ohio legislature and earmarked money and gifts to encourage the passage of caps on damages and other punitive measures against the citizens of Ohio. What used to be called bribery is now called lobbying. The result is the insurance industry “owned” the legislature.

The problem with the whole concept of tort reform is that there was never a need to reform in the first place. There was never any evidence presented that jury verdicts were too high or negligence victims over compensated. There was never any evidence provided that companies were leaving the state, or doctors were closing their practices. The legislature didn’t require proof to enact the changes asked for by the insurance industry because they had already been paid for their vote.

Now, in Ohio, one hospital can sue another for millions of dollars for breach of contract, but the quadriplegic victim of medical malpractice whose life is ruined has his/her damages capped. Why? To ensure insurance company profits. Most victims in Ohio suffer twice, once at the hands of the negligent defendant, and again by the legislature when they try to collect fair compensation.

What can we do? On an individual level we can call our state senators and state representatives and tell them you know there was no crisis, and you want those bad laws repealed. You can also help when you are called to jury service. In every case the defendant sits at counsel table looking sad and worried that he/she is going to lose their house in the lawsuit. In nearly every single case that defendant has insurance that you are never told about. His lawyer is hired by the insurance company to defend him. Please remember every penny of money that you don’t award to the injured plaintiff goes directly back to his insurance company. All you are doing is helping them hire more lobbyists to try to further erode the right of the citizens of Ohio.

Originally posted at InjuryBoard by Brett Goodson

Who Pays the Verdict in a Personal Injury Case?

Alison De Villiers — Mon, 13 Apr 2009 16:36:14 GMT

I recently ended a jury trial and at the conclusion, one of the jurors raised her hand and asked the judge whether or not the verdict would be paid by an insurance company. In that case, yes, Allstate was responsible for paying the verdict. But, unfortunately, it appeared to the jury that the deceased Defendant's Estate would be the ones paying the verdict.

Many jurors may not know it, but in most personal injury cases, the verdict is paid by the insurance company of the Defendant. The laws restrict those injured by another from suing the insurance company or mentioning that the Defendant is covered by insurance at trial. The laws are meant to protect the the insurance company from jurors who want to award large verdicts just to punish the insurance company or because it is easier to give money to the Plaintiff when it is from an insurance company. But, those laws also prejudice the Plaintiff where a jury thinks that the Defendant will lose his house or his family will not be able to eat if they award any money to the Plaintiff.

In a situation where the Defendant does not have insurance or has very low insurance limits, the Plaintiff will look to her own insurance company to cover her losses through underinsured or uninsured coverage. In most circumstances, the Plaintiff is not looking to take someone's house or personal assets to pay for a personal injury jury verdict.

Originally posted at InjuryBoard by Alison De Villiers

Doctors For The Defense: Medical Opinions For Hire Part 2

Brett Goodson — Thu, 02 Apr 2009 16:20:36 GMT

Check out the New York Times article about the so called "independent medical exam". Ohio has just as big a problem as New York and judges need to prohibit these doctors from testifying. If they were held in contempt for perjury it would send a stong message to the insurance industry that pays for these opinions. All the injured victim wants is a level playing field and permitting the defense doctors to falsely testify is just wrong.

See my earlierblog on the subject.

Originally posted at InjuryBoard by Brett Goodson

Auto Insurance Coverage In Ohio

Brett Goodson — Thu, 02 Apr 2009 09:04:28 GMT

It is hard to believe that Ohio only requires proof of $12,500 in liability insurance coverage to be able to drive a car in Ohio. This minimum insurance requirement was passed in the early 1970’s, and has not been increased one penny in over 30 years. At that time a gallon of gas cost 30¢, a new car could be purchased for $3,000, and a dented fender could be fixed for $25. It is time to increase the minimum insurance limits to at least $100,000.

While medical expenses have soared, and incomes have increased with inflation during the last 30 years, minimum insurance coverage has remained stagnant. Here is how the problem affects all of us. If you are injured in an accident caused by another driver, that person is responsible to pay for your medical expenses, lost wages, and permanent injury. If your injury causes you to go to the emergency room, your family doctor, and physical therapy, your bills could exceed $12,500. That means the party causing the accident gets off without paying for all the damages. If your costs exceed $12,500, either your own insurance has to pay (underinsured motorist insurance), or your health insurance will pay, or you will pay out of pocket. These are all bad choices. The only way to protect yourself is to purchase uninsured/underinsured motorist coverage. Don’t carry less than $250,000. A one million dollar umbrella is recommended. Just be sure your agent includes uninsured/underinsured motorist coverage with the umbrella. There are a lot of bad drivers out there and most have state minimums for their insurance coverage.

Contact your state senator or state representative and tell them to raise the minimum liability coverage in Ohio to at least $100,000. There are bills pending in the legislature now to increase the required coverage. You can do something about this problem.

Originally posted at InjuryBoard by Brett Goodson

Doctors For The Defense: Medical Opinions For Hire

Brett Goodson — Sun, 15 Mar 2009 22:32:54 GMT

I represent plaintiffs. Plaintiffs are people injured due to the negligent conduct of others. Whether it is an auto crash, a fall down steps without a handrail, or an injury caused by a defective product, plaintiffs require medical treatment to help them heal.

At trial we call these treating specialists to testify about the plaintiff’s injuries and how these injuries will affect their life. This is often compelling testimony describing painful surgery, injections, and permanent injuries.

On the other side of the case is the growing use of professional medical witnesses. They are hired by the insurance companies for the sole purpose of trying to reduce or eliminate compensation to the plaintiff. These doctors make hundreds of thousands of dollars each year testifying for the wrongdoer against the injured plaintiff. These defense doctors are not hired to try to help the plaintiff get well, but rather to destroy their claims and cut off any medical payments by the wrongdoer.

In Ohio, the insurance defense attorney has the right to call any doctor in the area to examine and testify against the plaintiff. Instead of calling a reputable specialist they call one of their professional witnesses. These doctors will conduct one 15 minute examination of the plaintiff then prepare elaborate reports of mostly fiction in the guise of medical opinion. At trial these defense doctors put on their white coat, describe their medical credentials, then give whatever opinions the insurance company requires, whether it is true or not. These are simply medical opinions for hire.

If you every have a chance to serve on a jury in a civil case watch for the defense doctor. Question the validity of their opinions compared with the treating doctor. How can a doctor who sees a person one time, and is hired by the defense, be anywhere near as credible as the treating doctor that sees and cares for his patient over many months? The defense doctor is not credible. They present nothing more than medical opinions for hire.

Originally posted at InjuryBoard by Brett Goodson

Vehicle Safety Laws Not Protecting Ohioans

Alison De Villiers — Mon, 02 Mar 2009 14:46:00 GMT

The Advocates for Highway and Auto Safety, a national alliance of consumer, medical, safety, and insurance organizations, recently gave Ohio low scores for vehicle safety laws.

The alliance specifically points out a new booster-seat law that takes effect in April this year. According to Dispatch Politics:

The new law requires children 4 through 8 years old and those shorter than 4 feet 9 inches to use booster seats with seat belts. But violating the law is a "secondary offense," meaning officers can cite someone for it only after stopping the driver for a "primary offense" such as speeding.

The alliance argues that booster-seat violations should be a primary offense.

The Advocates for Highway and Auto Safety also argue that Ohio should have tougher laws for teen nighttime driving, cell phone use, and tougher penalties for driving while intoxicated.

Originally posted at InjuryBoard by Alison De Villiers

Prevent Auto Accidents with Safety Checklist

Alison De Villiers — Mon, 23 Feb 2009 14:00:00 GMT

Routinely checking your vehicle for safety issues can prevent auto accidents and potentially save lives. Making a habit of going through this safety checklist will ensure that your vehicle is road ready.

A few things you should always check before getting on the road:

Tires-pressure, treads

Lights

Seatbelts

Gauges

Even when you are diligent about taking these steps and protecting your family, not everyone else on the road is. If you are injured in an auto collision due to someone else's negligence, it is important that you take the proper steps following a collision. For 25 things to remember if you are in an auto accident, click here.

Originally posted at InjuryBoard by Alison De Villiers

Ohio Political Subdivision Immunity in Auto Accidents

Stephanie Day — Wed, 11 Feb 2009 13:53:00 GMT

Suppose you are rearended by a police officer through no fault of your own. There were no sirens sounding and no lights flashing from the police car. In fact, you had no idea you were about to be hit. Would you think that the police officer and the police department, his employer, are responsible for his negligent acts? Most folks would probably think so- but not so fast. In Ohio, a police department and its officer-employees are treated differently than the regular citizens. They are provided immunity for much of their actions via the Ohio Political Subdivision Tort Liability Statute, R.C. 2744.

To determine whether a polictical subdivision is entitled to immunity, the courts go through a three step analysis. R.C. 2744.02(A) says that generally a political subdivision is not liable in a civil action for damages and injuries it causes. R.C. 2744.02(B)(1) provides exceptions to the blanket immunity. One such exception is the negligent operation of a motor vehicle. However, R.C. 2744.02 also provides another layer of immunity. Even if the officer operating the motor vehicle that hit you was negligent, he could still escape responsibility if he and the police department can show he was on an emergency call.

"Emergency call" is defined in R.C. 2744.01 and has been broadly interpreted by Ohio Courts. Evidently, the officer does not have to sound the siren or activate the lights to be granted immunity. Nevertheless, every case is very fact specific. Many Ohio courts have held that whether a police officer is on an emergency call is a question of fact for the jury.

Originally posted at InjuryBoard by Stephanie Day