Sandusky Personal Injury Lawyer

Full coverage may not cover you in a Sandusky, Ohio car accident | Sandusky, Ohio car accident lawyers

Chuck Boyk — Wed, 11 Mar 2009 21:21:00 GMT

Even though you buy full coverage auto insurance to protect you and your family in an Ohio car accident doesn't mean that you will be fully covered.

Our Toledo, Ohio car accident lawyers see cases where an Intrafamily Exclusion is deeply written in an auto policy, which denies coverage if the Ohio car accident is caused by a family member. Many families do not know that their full coverage policy contains this exclusion - even though they pay extra money for what they think is full coverage.

Our Toledo, Ohio car accident lawyers urge drivers to double check with their insurance agents to see if this clause is present in their policy. If it is, make arrangements to change coverages. An Ohio car accident is jut that - an accident. Everyone should be entitled to compensation after an Ohio car accident, regardless of who causes it.

If you or someone you love has been injured in a Toledo, Ohio car accident, contact our office to receive your FREE copy of The Ohio Accident Book.

Originally posted at InjuryBoard by Chuck Boyk

Avoid Findlay car accidents on and off the road | Findlay, Ohio car accident lawyers

Chuck Boyk — Mon, 09 Mar 2009 21:18:00 GMT

Our Findlay, Ohio car accident lawyers urge parents to be extra careful with their kids around cars, regardless if you are on the road or in your driveway. If you or someone you know has been injured in or around a car, contact our office today to order your FREE copy of The Ohio Accident Book.

How many fatal car accidents occur each year that don't happen in traffic?

According to The National Highway Traffic Safety Administration, over 33 people die and 16,000 are injured each week in the United States in non-traffic car accidents. Non-traffic fatal car accidents include accidents such as vehicular backovers, children being strangled when a motorized window goes up, kids passing away after being left in a hot automobile and suffering from hyperthermia, carbon monoxide poisoning, and car fires.

KidsandCars.org, a non-profit organization that advocates for kids and automobile safety, was happy to see the statistics finally gathered and released, since they have been rallying to have the government gather info on fatal car accidents and injuries that do not happen on the roads.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio workers' compensation lawyer on work injuries

Chuck Boyk — Tue, 24 Feb 2009 10:42:00 GMT

Our Ohio workers' compensation attorney Dale Emch discusses Ohio work injuries in his most recent Toledo Blade column, "Legal Briefs." If you or someone you know has been injured on the job, contact our office today for your FREE copy of The Ohio Work Injury Book. General legal questions to be considered in "Legal Briefs" can be sent to Ohio car accident lawyer Dale Emch at demch@charlesboyk-law.com or to 405 Madison Avenue, Suite 1200, Toledo, Ohio 43604.

Dear Dale: Assume someone has a worker's compensation claim with an allowable diagnosis of lumbar radiculopathy along with a psychiatric diagnosis. Can the worker be declared to have reached maximum medical improvement for the back injury and still keep open the psychiatric claim?

Answer: The quick answer is yes.

The worker's compensation system in Ohio is designed to pay for injured workers' medical bills and replace a portion of their wages if the injury renders them unable to work. Sometimes a worker sustains more than one injury and those injuries can resolve at different times.

You referred to maximum medical improvement, which indicates a familiarity with the worker's compensation system. Those folks speak a language that leaves the uninitiated scratching their heads and wondering what was just said. Maximum medical improvement means that the worker's injury is about as good as it's going to get. That doesn't mean the person has completely recovered, just that the doctors believe the person has healed to the extent possible.

Before workers reach maximum medical improvement, they can receive compensation called temporary total disability. (See, it's more lingo. People who spend a lot of time in the worker's compensation world speak in abbreviations like TTD and MMI.) Temporary total disability pays injured workers a portion of their wages while they're recovering. Once they reach maximum medical improvement, workers who haven't fully recovered may be eligible to receive compensation for any permanent injuries.

So, in your scenario, the worker you're speaking about has a back injury and a psychiatric issue related to the workplace accident. If the worker's back has improved to the extent possible - even if recovery isn't 100 percent - that portion of the claim can be resolved. If the accident led to a permanent back problem, the worker would be eligible for a payout based on the percentage of impairment or, if the injury renders the worker unable to gain sustained employment, the worker could receive compensation to replace his or her wages.

A resolution can be reached on the back injury while keeping the psychiatric claim open. If the workplace accident caused psychiatric problems that render the worker unable to work for a period of time, the person could receive temporary total disability. Or, the worker may be able to work, but needs to have any mental health treatment covered.

The worker's compensation system can be confusing at times, but there are resources that provide good information. The state's Web site can get you started. The address is www.ohiobwc.com.

Originally posted at InjuryBoard by Chuck Boyk

High-speed motorcycle riders at higher risk for wrongful death | Ohio motorcycle accident lawyers

Chuck Boyk — Fri, 20 Feb 2009 18:24:38 GMT

Our Ohio motorcycle accident lawyers see the devastating effects that fatal motorcycle accidents can have a family and their community. If you are going to ride a motorcycle, do so responsibly. Mind the speed limit, and always wear your helmet.

According to The Insurance Institute of Highway Safety, those who ride high performance motorcycles, or super-sport motorcycles, are four times more likely to die in a motorcycle accident. With speeds as high as 190 miles per hour, super-sports are very dangerous for the non-professional rider. To put speed into perspective, 190 miles per hour is also the take-off speed for a 747 airplane.

If you or someone you know has been injured in a motorcycle accident, contact our office today to order your FREE copy of The Ohio Accident Book.

Originally posted at InjuryBoard by Chuck Boyk

When is the best time to drive? | Ohio fatal car accident lawyers

Chuck Boyk — Wed, 18 Feb 2009 18:20:00 GMT

Our Toledo, Ohio car accident lawyers handle Ohio car accidents on a regular basis. If you or someone you love has been injured in an Ohio car accident, contact our office today for your FREE copy of The Ohio Accident Book. You can also contact our attorneys 24 hours a day, seven days a week to discuss your Ohio car accident case.

The NHTSA also reported that speeding is a factor in 30% of all fatal car accidents, 18% of daylight car accidents were alcohol-related, and 54% of nighttime car accidents were alcohol-related.

It turns out that the snowy winter months are not the most dangerous time to drive. The National Highway Traffic Safety Administration, of NHTSA, reports that August is the most dangerous month to be on the road, and Saturday is the most dangerous day to drive.

The number of car accidents in August 2008 totalled 3,612 and the number of car accidents in January of the same year were 2,818, according to the NHTSA. The change in the number of car accidents could be due to the time of day, simple distractions, or unsafe behavior, according to Forbes.com, who reported the findings.

Injured in Michigan? We work with Michigan's best car accident attorneys, Buckfire and Buckfire. They handle all types of Michigan car accidents, and have also written The Ultimate Michigan Car Accident Handbook. To order your FREE copy today, contact their office 24 hours a day, seven days a week.

Originally posted at InjuryBoard by Chuck Boyk

How safe is it to ride a bus? | Ohio bus accident attorney

Chuck Boyk — Wed, 11 Feb 2009 12:48:00 GMT

How safe is it to ride on a bus?

February's issue of Trial magazine also featured an article on bus safety, entitled, "A dangerous ride on America's buses." The article highlighted some of the major problems that surround bus accidents in the United States.

Some of these problems include:

Lack of seatbelts. The National Transportation Safety Board determined that passenger seat belts could have saved some of the lives that were lost during the Bluffton baseball team bus crash in 2007.

The need for stronger roofs. As bus manufacturers enlarge the windows on buses, the support structures have gotten smaller, making the roofs weaker and more likely to collapse in a rollover accident.

Lax enforcement of existing regulations. Bus operators are often not concerned if they are not following the rules - as long as their passengers are happy.

Poor oversight of bus operators. The only thing needed to start a bus company is a motor coach. Bus companies do not have to follow any federal regulators the way that airlines must obey the the FAA.

Unqualified bus drivers. As bus travel becomes more and more in demand, so does the need of drivers. This need causes the driver qualifications to relax. According to the article, too many bus company owners simply look the other way and hope that nothing happens.

The recent Toledo, Ohio bus accident involving a van and a bus carrying Toledo high school students has brought the issue of bus safety to light in the northwest Ohio area.

If you or someone you love has been injured in an Ohio bus accident, you need information. Contact our office today to order your FREE copy of The Ohio Accident Book.

Originally posted at InjuryBoard by Chuck Boyk

Bus safety an important part of riding a bus | Ohio bus accident lawyers

Chuck Boyk — Mon, 09 Feb 2009 12:51:00 GMT

Buses are an important mode of transportation for both students and the general public in the northwest Ohio area.

Our Toledo, Ohio bus accident lawyers handle Ohio bus accident cases on a regular basis. The Ohio bus accident attorneys handle TARTA bus accidents, Ohio school bus accidents, Greyhound bus accidents, and other types of Ohio bus accidents for both passengers and drivers.

Bowser high school student Josh Sonora, Jr. speaks on the Ohio bus accident he was recently involved in.

The Toledo Public School bus, carrying 10 high school students from different area schools, was headed to Toledo Express Airport for a lesson on airplane mechanics when a minivan swerved across the road and collided with the bus.

Everyone involved in the Toledo Public School bus accident was taken to the hospital.

If you or someone you know has suffered injuries from a bus accident, contact our office today to order your FREE copy of The Ohio Accident Book.

Originally posted at InjuryBoard by Chuck Boyk

$36 million awarded to family of man killed at Wal-Mart | Toledo, Ohio wrongful death lawyers

Chuck Boyk — Thu, 05 Feb 2009 10:37:00 GMT

A paranoid schizophrenic who was supposed to be under the State's care drove to an Arizona Wal-Mart in 2005 and fatally shot two men, then drove away. A witness gathered his license plate number and called police.

The mental patient was off of his medication at the time of the shooting, since his appointment was canceled by his care provider at ValueOptions and his medication ran out. ValueOptions held the contract for providing care to the state's mental health patients.

Since the mental patient was a patient of the State of Arizona's mental-health system for over 20 years, a jury found the State of Arizona and ValueOptions liable in one of the man's deaths. The jury awarded $36 million to the family of one of the deceased. A separate lawsuit is pending in the other wrongful death.

Our Toledo, Ohio fatal shooting lawyers handle devastating wrongful death cases like this one all of the time. If you or someone you know needs help dealing with a tragic situation like this one, contact our office to speak with an Ohio tragic accident lawyer immediately. We have also written The Ohio Wrongful Death Book, which can be ordered for FREE by contacting our office.

Originally posted at InjuryBoard by Chuck Boyk

Parents sue after daughter is killed at hotel | Ohio wrongful death attorneys

Chuck Boyk — Mon, 02 Feb 2009 11:45:00 GMT

The parents of the 21-year-old a former homecoming queen filed a $100 million lawsuit against the hotel, Days Inn Corp., for the wrongful death of their daughter, citing that a hotel failed to preform employment background checks after hiring illegal immigrants.

The woman suffered wrongful death after she was killed in a Tennessee hotel this past September.

A Days Inn employee used a master key to let himself into the room where the woman was staying during her business trip, then sexually assaulted and killed her. Her body was found a week later in a nearby lake.

Tragic deaths like this one are so sad, but they are also common, and our Ohio wrongful death attorneys see the devastation these types of horrible crimes can cause.

If you need help dealing with the tragic loss of a loved one, contact our office today to order your free copy of The Ohio Wrongful Death Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

Ohio car accident lawyer on last wills and estates | Ohio wrongful death attorneys

Chuck Boyk — Fri, 30 Jan 2009 13:45:00 GMT

Even if there is a will in place, dealing with a loved one’s death and estate can be overwhelming.

Toledo, Ohio car accident lawyer Dale Emch discusses will execution in his most recent Legal Briefs column in the Toledo Blade. If you have a general legal question you would like to see considered for publication in Legal Briefs, including those involving Ohio car accidents, Ohio workers' compensation claim s, Ohio dog bites, or Ohio ATV and motorcycle accidents, contact Attorney Emch at demch@charlesboyk-law.com or by contacting our office.

Dear Dale: I have some questions about being an executor of a will. When an attorney is appointed to be the executor of a family member’s will, how is the attorney paid for his services? How is the attorney held accountable for his honesty and integrity in handling the execution of the will? And, does the attorney have an obligation to make a financial accounting to the beneficiaries of his fees?

ANSWER: Ohio and local rules specify how executors and attorneys can be compensated. Executors and attorneys serve different functions in how estates are handled through the Probate Court.

Let’s start with the role of the executor. The executor administers the estate of a decendent who had a will.

This person can be a family member, a trusted third party, a lawyer, a bank, or a trust company. This can be a big job that includes responsibilities such as receiving payments owed to the estate, paying debts owed by the estate, determining the estate’s beneficiaries, and following the Probate Court’s orders concerning the estate.

An executor has a duty to act in the best interest of the estate and to carry out all state-law- mandated responsibilities. Acting in the capacity of an executor can be a time-consuming job for which state law allows compensation.

Under state law, an executor of an estate involving a will can receive a commission of 4 percent of the first $100,000 of the estate; 3 percent above $100,000 and below $400,000, and 2 percent above $400,000. So, for example, if you were the executor of an estate valued at $200,000, you could receive $4,000 for the first $100,000 and $3,000 for the next $100,000 for a total of $7,000. An executor also can receive commissions for other activities, but my space is too limited to include a laundry list here.

Whether or not the attorney acts as the executor doesn’t matter in terms of the legal obligations imposed.

The executor must carry out the obligations mandated by law, must act in good-faith, and must account to the Probate Court for expenditures made on behalf of the estate and for the fees received for those services.

If an executor does not meet the obligations imposed by law, the Probate Court can remove the executor.

You also asked about whether an executor has to make an accounting to the beneficiaries. At a time specified by state law, the executor has to make an accounting to the Probate Court and the beneficiaries.

But that doesn’t mean that a beneficiary has the right to demand an accounting of the executor whenever he or she wants that information.

Because you intertwined the roles of attorneys and executors in your question, I want to address compensation for attorneys. It’s not hard to imagine that the duties of an executor can become pretty overwhelming, especially if an estate contains a lot of assets or debts. Executors often hire an attorney to help sort out the estate and to handle the legal work with the Probate Court.

Attorneys can set their own hourly fees for estate work. They also can elect to be compensated in an amount set by the Probate Court. In Lucas County, the schedule for attorney fees on probate assets is 4.5 percent of the first $100,000; 3.5 percent of the next $300,000, and 2.5 percent of the remaining balance.

Originally posted at InjuryBoard by Chuck Boyk