Cincinnati Personal Injury Lawyer

Cincinnati Dog Bite Laws

Alison De Villiers — Fri, 27 Jun 2008 11:11:28 GMT

Under Ohio law, the owner, keeper, or harborer of a dog is liable to those injured by the dog, unless the victim was trespassing, committing a criminal offense, or teasing the dog. The current statute no longer requires the dog to have bit someone in the past for the owner to be liable. But, punitive damages can be awarded where the owner knew that the dog had previously attacked others. It is important to talk to an attorney if you have been bitten by a dog, as there are many nuances to Ohio dog bite laws.

See Injury Board member Anneke Kurt's article or more information about the liability of Ohio landlords for dog bites.

Originally posted at InjuryBoard by Alison De Villiers

Medical Malpractice Myths Dispelled

Alison De Villiers — Mon, 16 Jun 2008 16:19:20 GMT

The Bush Administration and the insurance industry have been speaking out in favor of tort reform for years. Now, several years after the tort reform laws have been instituted, studies are showing that lawsuits were never really threatening the healthcare system and tort reform has not cured the "healthcare crisis." Instead, we are able to see how lawsuits protect citizens and help to institute necessary changes in the healthcare system. Those in favor of tort reform hope to take away the rights of those injured by the negligence of others by taking away their access to the judicial system.

The Center for Justice and Democracy has dispelled many of the myths about tort reform and medical malpractice lawsuits. One of those myths is that medical malpractice lawsuits are the cause of the healthcare crisis in the United States. In reality, medical malpractice lawsuits account for less than 1% of healthcare costs. Another myth is that medical malpractice insurance carriers are forced to raise premiums due to all of the medical malpractice lawsuits. In reality, in 2005, the 15 largest insurers saw combined profits of over $800 million. Those in favor of tort reform also claim that doctors are being forced to leave the practice due to lawsuits, when in reality, the number of practicing physicians is growing faster than the general population.

It is important that people educate themselves about the alleged need for tort reform and look at the facts. Taking away people's rights to the civil justice system will be far more detrimental to the healthcare system than a lawsuit could ever be. It is time for America to focus on the rights of patients, instead of protecting the profits of insurance companies.

Originally posted at InjuryBoard by Alison De Villiers

Jury Duty: Time For Change

Brett Goodson — Fri, 06 Jun 2008 12:00:39 GMT

As a citizen of the United States you should be invited at least once or twice in your lifetime to serve as a juror. Trial by jury is a fundamental right set forth in the U.S. Constitution as well as all state constitutions. The reason the founding fathers felt trial by jury was so important was because they didn't want the rich and powerful to control justice. If called to serve, it is important that you appear and make your voice heard.

Powerful insurance and business interests have spent millions of dollars over the past 20 years trying to influence jurors. They try to blame all of our economic woes on verdicts against their members. The U.S. Chamber of Commerce has been especially aggressive in trying to influence the outcome of civil trials. It is their hope that if they can cause fear in jurors (that insurance rates will go up, doctors will leave the practice, goods will cost more), they will not vote for justice, they will vote to exonerate the negligent party at the expense of the injured victims. They would prefer to protect a manufacturer of a faulty product that killed the user of that product than compensate their families.

Jurors hold the key to making products safer, doctors better, and vehicle drivers more careful. When serving as a juror, listen to the evidence and decide the case based on the law. Holding wrongdoers accountable is a noble idea but only action by juries can actually do it. There is change in the air. No longer will citizens sit back and let corporate America tell us how to think. When you see an attack on the civil justice system, it is an attack on you as a citizen. Don't stand by and watch. Serve when called for jury duty and vote based on the evidence, not fear of phony threatened consequences. It is time for change and jury service is where we start. Take back the courts and justice from special interests.

Originally posted at InjuryBoard by Brett Goodson

What is the Ohio Statute of Limitations for Auto Accidents?

Alison De Villiers — Mon, 26 May 2008 11:00:00 GMT

Each state has a specific, limited amount of time that you are allowed to take legal action following an automobile accident. This amount of time depends on the state and is called the statute of limitations.

In Ohio, the general statute of limitations for automobile accidents is 2 years. However, it can differ depending on the situation. It is important that you contact an attorney regarding the statute of limitations involved in your case. If you miss the statute of limitations, you will be forever barred from bringing your claims for injuries.

Originally posted at InjuryBoard by Alison De Villiers

Shoulder Pain Pumps May Cause Permanent Damage

Alison De Villiers — Mon, 19 May 2008 10:48:16 GMT

A recent study shows that over 63% of of patients who use shoulder pain pumps following arthroscopic surgery develop Postarthroscopic Glenohumeral Chondrolysis (PAGCL). PAGCL is a very painful condition that occurs when the cartilage in the shoulder has broken down and bone is touching bone.

Pain pumps do provide relief directly to the surgery site, without the use of oral narcotics. Although, despite the benefits of pain pumps, there are also some risks.

Manufacturers of pain pumps have been aware for several years of the problems that arise when a pain pump is placed directly into the shoulder following arthroscopic surgery. It is thought that the PAGCL is most likely when the pain pump is placed directly into the joint spaces and when the pain pump uses Bupivacaine and Epinepherine.

Many attorneys, including our firm, are handling these cases. Please contact an attorney if you have been affected by a shoulder pain pump.

Originally posted at InjuryBoard by Alison De Villiers

May is Motorcycle Awareness Month in Ohio

Stephanie Day — Wed, 14 May 2008 16:02:00 GMT

Ohio is among the top 5 states with the most motorcycle riders. Motorcycle sales here have increased by about 16% per year. With growing popularity comes an increased need to educate motorists on motorcycle awareness and safety.

Here are a few tips for a safe 2008 riding season:

- Riders must have a valid motorcycle license, quality motorcycle training, and proper safety equipment. Many motorcycle accidents are the result of untrained and unlicensed riders.

- Ride sober. Nearly half of motorcycle fatalities are alcohol related.

- Motorists should remember that a motorcycle is a vehicle with all the same privileges on the road. Give the motorcycle a full lane of travel.

- Don't follow a motorcycle too closely. Allow enough room for the motorcyclist to take evasive action for a hazard, if necessary. For instance, when encountering a pothole, gravel, slippery pavement, and railroad crossings a rider may need to take evasive action.

For additional safety and training information, visit Motorcycle Ohio's Web site.

Originally posted at InjuryBoard by Stephanie Day

What is Subrogation in Personal Injury Claims?

Alison De Villiers — Mon, 12 May 2008 14:08:00 GMT

Subrogation can be a difficult concept for people to understand. In personal injury cases, it is basically the right of an insurance company, based in contract, to recover money from the injured party when the injured party recovers from a third party. For example, if Person A is injured in an auto accident caused by Person B, then Person A's health insurance company may cover some of his medical bills. However, if Person A recovers money from Person B's auto insurance company, then Person A's health insurance may have subrogation rights. Person A would be required to pay his health insurance company back for medical bills they paid. Therefore, Person A is not getting a double recovery.

Fortunately for those injured, insurance companies are often times willing to negotiate the amounts owed to them. This is because the companies acknowledge that they may not have gotten any money reimbursed had the injured party not pursued a claim against the party at fault. Attorneys will diligently work to ensure that the injured party is made whole and that all subrogated parties are reimbursed properly.

Originally posted at InjuryBoard by Alison De Villiers

Preventing Pedestrian Deaths in Cincinnati

Alison De Villiers — Mon, 05 May 2008 13:43:33 GMT

As the weather gets warmer in Cincinnati, many people are opting to walk to their intended destinations, rather than drive. Naturally, this comes with the unfortunate increase in pedestrian accidents. Pedestrian accidents account for 11% of all auto accidents each year. As pedestrians do not have the protection that an automobile provides, these accidents often result in severe injuries or death. These accidents are especially prevalent among the elderly and children, as it takes them longer to cross the street.

In many cases, pedestrian accidents are caused by the negligence of the automobile driver. Drivers can help to prevent pedestrian accidents by slowing down, paying attention at all times (stay off cell phones, don't take eyes off road to change the music), and not driving while under the influence of drugs or alcohol. Pedestrians injured by the negligence of an automobile may be entitled to compensation for their injuries.

Originally posted at InjuryBoard by Alison De Villiers

Insurance Protects Teens And Parents In Case Of Auto Accident

Brett Goodson — Sun, 04 May 2008 11:36:28 GMT

Parents have more to worry about than a dented fender if their teenage driver causes an auto accident. Ohio law holds a parent liable for damages or injuries caused by their teen's negligent driving unless they have liability insurance in force at the time of the crash. It is very important for parents who are signing for their teen's probationary license to be sure they have a good insurance policy. Discuss this with your insurance agent before you sign for the license. I strongly recommend staying away from Allstate Insurance Company.

Since teen drivers are often the ones seriously injured or killed in auto collisions it is recommended that they get advanced driver training. While their skills are not the best between ages 15-18, they can be improved. If your teen is involved in an accident make sure he/she knows how to exchange proper information with the other driver. It wouldn't hurt to take pictures of both vehicles at the scene of the accident if a camera is handy. Even a camera phone can record valuable evidence.

Remember parents, get insurance coverage for your teenage driver, get them advanced driver training, and teach them what to do in case of an accident.

Originally posted at InjuryBoard by Brett Goodson

Auto Accident: Do I Need An Attorney For An Uninsured Motorist Claim?

Brett Goodson — Fri, 25 Apr 2008 11:17:54 GMT

Uninsured/Underinsured motorist coverage is among the most valuable coverage you can have in Ohio. The state legislature, always slow to help consumers, has not raised the auto insurance minimums in over 30 years. That means there are still a lot of people driving around with only $12,500 in liability coverage. It is imperative that responsible Ohio drivers protect themselves from those drivers who are uninsured (no insurance) and those who are underinsured ($12,500 in liability limits).

What happens if I'm injured by an uninsured/underinsured motorist? Do I need a lawyer? Won't my insurance company take care of me? The answers to these questions are clear. You need to file an uninsured motorist claim with your own insurance company. Yes, you need a lawyer, and, no, your own insurance company will not take care of you. In fact, despite the fact that you may be a loyal customer of State Farm/ Allstate/Nationwide and have paid premiums to them for years, upon receiving notice of your encounter with an uninsured driver, your own company will take the side of that uninsured driver and try to blame the accident on YOU. If they can't blame you for the accident, they will try to prove you weren't injured or that your injuries are only minimal. These insurance companies are only trying to increase profits for their shareholders at the expense of their policyholders.

Hiring an attorney early in the process is best. Your insurance company is your adversary - not your friend. An experienced attorney can and will assist you in bringing your claim to a fair resolution. If your insurance company isn't fair, you may have to file suit against them. It's a necessary last resort against insurance companies that don't want to be fair. Stand up for yourself and don't get pushed around. The insurance you purchased should pay the benefits promised by the contract.

Originally posted at InjuryBoard by Brett Goodson