Sandusky Personal Injury Lawyer - Car Accident

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

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

Dog bite liability discussed by Ohio dog bite lawyer Dale Emch

Chuck Boyk — Thu, 08 Jan 2009 16:47:10 GMT

Are you responsible if your dog bites someone else? What do you do if you dog injured another person? Ohio dog bite lawyer Dale Emch discusses the flip side to dog bite injuries in his most recent Legal Briefs column. If you have a general legal question you would like to see addressed, including those on Ohio car accident settlements, Ohio work injury payments, or medical malpractice, contact Dale today at demch@charlesboyk-law.com.

I heard that a dog's owner isn't responsible for a dog bite if the person bitten was trespassing. So, if I was throwing the football around with my son in my backyard and the ball went into my neighbor's yard, would my neighbor be responsible if his dog bit me when I crossed into his yard to pick up the football?

Let me give you some of the basics about Ohio dog bite law before I zero in on your question. Under Ohio law, the owner, keeper, or harborer of a dog is liable for any injuries caused by the dog. It's a very strict rule that can have some harsh results. For instance, if my dog, Simon, ran out in front of a car, causing the driver to swerve off the road and hit a tree, I'd be responsible for the driver's injuries. And that would be true even if a friend was walking Simon for me and he got away when I wasn't in town. The law imposes strict duties on dog owners, including those who have dogs as headstrong as Simon.

Given the number of dog-bite cases our law office handles, I understand why the law has developed in this way. I've represented children who have been scarred for life and adults whose dog-bite injuries have caused them to be hospitalized for days. It would be little solace to those people if the owners could escape liability by saying, "Gee, our dog has never bitten anyone before, so we had no idea this would happen." There's no such thing as a free bite in the civil arena under Ohio law.

That said, people owning or keeping dogs do have certain defenses. Under the law, it's a defense if the person who was injured was committing or attempting to commit a criminal trespass, committing or attempting to commit any criminal offense other than a minor misdemeanor, or was teasing, tormenting, or abusing the dog. So, the law includes some common-sense protections for dog owners or keepers in limited circumstances.

The key to your question is whether your neighbor would have a defense because you were considered a trespasser. The Ohio General Assembly amended the law this year to change the defense of trespass to criminal trespass. That could be significant, and I expect the change will be the source of some legal wrangling over the next few years. Prior to the change in the law, a number of courts ruled that the trespass defense was available to dog owners whether the trespass was civil or criminal.

It sounds like a small thing, but it could be crucial in a lot of cases. The distinction lies in the difference between a criminal and civil trespass. Boiled down, someone commits a criminal trespass when they knowingly enter the land or premises of another - without privilege to do so - or remain on the land or premises after receiving notice in some form that they're on someone else's property. While there's more to the criminal code section dealing with trespass, that's the general gist.

For the purposes of a civil trespass, on the other hand, it doesn't matter whether the trespasser knew or received notice he was trespassing.

So, let's look at the distinction using the framework of your question. Let's say you had to jump a fence to get into your neighbor's backyard to retrieve the football. It would be hard to say that you didn't commit a criminal trespass because you knowingly entered your neighbor's property.

Let's look at a different scenario. Let's say you were playing football on someone else's property and you had no idea where the property line was. If you inadvertently crossed the property line and the property owner's dog bit you, I would argue that you hadn't committed a criminal trespass and the dog owner would be liable. Under the old version of the law, it didn't matter whether you knew where the boundary line was for the purposes of a civil trespass. If you were bitten on someone else's property and you had no privilege to be there, you were out of luck, at least for purposes of pursuing your claim under the state statute.

As an aside, the concept of privilege is important here. For instance, a letter carrier has the right to enter your property to deliver mail. So the trespass defense wouldn't apply. Or, in your scenario, if your neighbor had seen the ball go over the fence and waved you over to come get it, you wouldn't be a trespasser.

Originally posted at InjuryBoard by Chuck Boyk

Security deposits discussed by Ohio car accident lawyer Dale Emch

Chuck Boyk — Wed, 24 Dec 2008 17:08:00 GMT

What do you do if you do not receive your security deposit back after your apartment lease is up?

Ohio car accident lawyer Dale Emch discusses rental agreements and deposits in his December 21, 2008 Legal Briefs column. If you have a general legal question on Ohio car accidents, Ohio dog bites, Ohio workers’ compensation, or a similar issue, contact Attorney Emch and demch@charlesboyk-law.com.

Dear Dale: I moved out of an apartment last year. Even though more than a year has passed, I have not been able to get my security deposit back. I've called the apartment complex's office more than 100 times, but they still won't return my deposit. Every time I call, they have good attitudes with a lot of excuses, but they never give me my security deposit. I'm really tired of calling them. Is there anything I can do?

Answer: I think most of us have rented an apartment or home at some point in our lives, and most of us have had a landlord hold back all or a portion of a security deposit, sometimes justifiably, sometimes not.

I shudder at the memory of my college roommates and I acting indignant when our landlord refused to give us our security deposit back many years ago. We were, to put it euphemistically, enthusiastic college boys. By the end of the year, the nice home we had moved into looked like something the city might consider condemning. An exaggeration, but you get the point. Though we really had no business getting our deposit back, my brother, Gregg, and a buddy of his - both newly minted lawyers at the time - pointed us to a law that put part of our deposit back in our undeserving hands.

State law dictates when landlords can retain security deposits, and our landlord didn't comply with the law. The Ohio Revised Code requires landlords to return security deposits within 30 days after termination of the rental agreement.

A landlord can withhold all or a portion of a security deposit for such things as unpaid rent, damage to the property, or violations of the lease. A landlord seeking to withhold any portion of a security deposit must provide written notice within 30 days of the end of the lease giving an itemized listing of reasons the deposit wasn't repaid, and a dollar figure associated with each item. Normal wear and tear on an apartment isn't sufficient reason to withhold a security deposit, and courts have ruled that landlords can't build in routine cleaning costs to the lease as justification for withholding security deposits.

State law provides a hammer tenants can use to whack landlords who don't comply with the security deposit code section. If a landlord fails to comply with the law, the former tenant can get double the amount owed to him, plus reasonable attorney fees.

Double damages and attorney fees are available but the law states that the tenant must provide the landlord with written notice of a new address where the security deposit or an itemized list of deductions can be sent. Though it appears that your landlord did not supply you with notice of why your deposit was being withheld, it's unclear to me whether you provided written notice of your new address.

If you did provide notice of your new address, you may want to consider suing the landlord in Toledo Municipal Court. It might take some time, but you've waited this long, right? It's clear that the landlord either feels justified in withholding your deposit or has no intention of ever coughing it up. Maybe having to pay double damages and attorney fees will cause the landlord to reconsider this behavior in the future. Trying to stop that kind of behavior is precisely why the law contemplates that financial hit. The legislature realized that without some sort of pain in the pocketbook, landlords could withhold security deposits for all sorts of shaky reasons.

If you haven't supplied your landlord with written notice of your new address, I'd do that immediately by certified mail, and then I'd contact an attorney if that fails to produce your security deposit.

Originally posted at InjuryBoard by Chuck Boyk

What happens if you are in a car accident while on the job?

Chuck Boyk — Mon, 22 Dec 2008 17:06:00 GMT

Ohio workers’ compensation attorney Dale Emch addresses the issue of Ohio car accident work injuries in his Toledo Blade column “Legal Briefs.” Attorney Emch answers general legal questions every other Sunday on topics ranging from Ohio dog bites and wrongful death, to medical malpractice and Ohio ATV accidents. Read his column below.

Dear Dale: If one of our employees is injured in a car accident in a company vehicle while on the job, what can we recoup from the person who caused the accident? If our workers' compensation payments increase, can the person who caused the accident be forced to pay the difference?

You've raised a few points about the degree to which someone who causes a traffic accident might be held financially responsible. To provide answers to your specific questions, it might be helpful to have a more general understanding of how much money the victim of an injury accident can recover.

Generally, the victim in a personal injury accident can recover for all of his financial loss. The injured person can recoup losses for medical bills incurred, lost wages, pain and suffering experienced, and the cost of vehicle repair. In some limited situations, such as when the person who caused the accident was intoxicated, punitive damages may be awarded as a way to punish the driver and set an example to others.

The idea is to make the injured person whole for actual expenses incurred and provide compensation for the pain experienced. The person who caused the accident is responsible for the financial damage caused to the extent the injured person can provide evidence of his injuries. Obviously, these expenses can mount quickly, which is why we're all required under Ohio law to carry liability insurance.

The same concept applies to anyone who experienced a loss as the result of another's negligence. So, if you're an employer and your employee is injured in a company vehicle, the person who caused the injury is financially responsible for the damage to your vehicle. Usually, this is the easy part of an accident claim. If it's clear that one person is responsible for causing the accident, that person's insurance company generally will settle the property damage. You may not always think the compensation offered is fair, but usually you'll get it worked out.

Applying these ideas to your situation, you should be able to recoup any losses caused by damage to your company vehicle. The workers' compensation issue is a lot trickier. In Ohio, employers either pay into a state fund or qualify for self-insured status. It's a no-fault system, which means that generally, regardless of whether the employee causes the injury or if it's somehow caused by the employer's conduct, workers' compensation will provide benefits to the injured worker.

It seems that you're concerned that if one of your employees is injured as the result of a third party's negligence, you'll be stuck paying higher premiums. This may not be the case at all. Your premiums may not budge as a result of the claim, especially if the injury was caused by a third party not related to your company.

If your injured worker brings a personal injury claim against the person who caused the accident, workers' compensation has a right to recoup any money it paid for the workers' comp claim. That recovery is based on a formula that includes such things as the amount recovered, the expenses incurred to secure that recovery, and the attorney's fees. You might get credit for the amount the system recovers on the claim, but I don't think you'd be able to sue the third party for any increase in your premiums.

I don't have enough space in the column to provide a lot of details about the impact to your workers' compensation premiums, but if you think your company may be affected by this type of situation, I'd recommend that you contact the Bureau of Workers' Compensation.

Originally posted at InjuryBoard by Chuck Boyk

Emotional distress questions answered by Toledo, Ohio car accident lawyer

Chuck Boyk — Tue, 04 Nov 2008 15:27:00 GMT

What happens is someone else’s recklessness causes you to suffer emotional distress? Are you entitled to any sort of compensation? Toledo, Ohio car accident lawyer Dale Emch addresses the issue of emotional distress as a type of personal injury in his most recent Toledo Blade “Legal Briefs” column.

Dear Dale: I am interested in finding out whether I can make a claim against my doctor for causing me tremendous emotional distress. Could you please address this issue in your column?

ANSWER: The quick answer is that people can sue for infliction of emotional distress, but without knowing the specifics of your situation, it's really tough to say whether you have a claim. I'll try to provide you with enough information about the law so you can decide whether you have a case worth pursuing.

Under Ohio law, people can bring claims for intentional infliction of emotional distress and negligent infliction of emotional distress. The two are very different - one requires purposeful behavior, while the other is similar to an accident. It's sort of like the difference between someone who purposely rams his car into another driver's vehicle, as opposed to the person who causes a routine traffic accident because he took his eyes off the road.

A claim for intentional infliction of emotional distress requires extreme and outrageous conduct caused by someone's intentional or reckless behavior. The person bringing the claim has to demonstrate serious emotional distress.

Here's an example of intentional infliction of emotional distress: Let's say Bob, a CPA, decides to destroy his business rival, Barbara, by sending anonymous letters to some of her best customers that she's being investigated by the FBI for embezzling clients' money and, by the way, that she's also having an affair with a 16-year-old boy.

Further assume that poor Barbara's client base begins to dwindle and that her husband divorces her because he's heard the rumor about the 16-year-old. Finally, let's say that all the stress from the business failure and her divorce causes Barbara to experience a severe depression as well as debilitating anxiety attacks for which she seeks mental health treatment.

Fortunately, Barbara finds out that Bob is the culprit of her financial and emotional demise. In this case, she can bring a claim against Bob for intentional infliction of emotional distress (as well as a lot of other claims). As the Ohio Supreme Court put it, it's the type of behavior that would make someone exclaim, "Outrageous!"

Barbara would be able to sue for her medical bills for the mental health treatment she received, the pain and suffering she experienced, her lost wages, and punitive damages designed both to punish Bob and serve as an example to others that such outrageous conduct won't be tolerated in our society.

A claim for negligent infliction of emotional distress generally would result from accidental conduct. Here's an example: John, while fiddling with the radio, loses control of his car, runs up onto the sidewalk and strikes little Rodney who is taking a walk with his mother, Marjorie. Rodney survives, but Marjorie develops post-traumatic stress syndrome and enters extensive counseling to deal with her mental health issues.

In this case, Marjorie would be able to bring a claim for negligent infliction of emotional distress. Some of the factors to consider would be that she witnessed the scene of the accident - in fact, she was almost physically injured herself, she suffered a direct emotional impact, and Rodney was related to her.

Marjorie would be able to seek compensation for the bills incurred to treat her post-traumatic stress syndrome, the pain and suffering she experienced, and wages lost from missing work. Unlike with intentional infliction of emotional distress, she wouldn't be able to seek punitive damages because John's conduct was not purposeful or reckless - it was simply an accident.

I can't answer whether you have a claim because I don't know the details, but I hope this provides a framework for you to examine your situation.

Originally posted at InjuryBoard by Chuck Boyk

Car accidents, wrongful deaths can increase during Daylight Savings Time

Chuck Boyk — Fri, 31 Oct 2008 11:09:00 GMT

According to CNN.com, pedestrians walking at dusk are three times more likely to be struck and suffer wrongful death in a car accident than before the clocks moved back. The highest personal injury and wrongful death risk for pedestrians occurs around 6pm during the month of November.

In light of discussing the importance of Halloween and outdoor safety in our recent blogs, our Toledo, Ohio pedestrian accident attorneys also want to remind parents and children to be careful while walking outside as daylight savings time approaches.

The sun goes down earlier this time of year, which means that kids who walk and adults who drive need to be extra careful when traveling, in order to prevent car accidents.

Obey all posted driving rules and speed limits, and keep an extra eye out for pedestrians. Since most pedestrian auto accidents occur at intersections, it is important not to speed through lights or make turns without looking – even if you have a green light or the right of way.

If you or someone you love has been injured in a pedestrian car accident, order your free copy of The Ohio Accident Book to learn your rights. Our attorneys can meet with you, for free, to discuss your options and give you a complimentary case evaluation.

This year, clocks are to be turned back one hour at 2am on Sunday, November 2, 2008. However, it might be easier to turn them back before going to bed Saturday night!

Originally posted at InjuryBoard by Chuck Boyk

A few more tips on keeping kids safe from pedestrian car accidents this Halloween

Chuck Boyk — Tue, 28 Oct 2008 10:48:33 GMT

Our Toledo, Ohio pedestrian accident lawyers encourage parents to take an active role in trick-or-treating, regardless of a child’s age, in order to prevent wrongful death from pedestrian accidents.

Below are the remaining tips in our Halloween safety series on how to prevent pedestrian car accidents. Our Toledo, Ohio car accident lawyers urge parents to be extra careful when taking their kids trick-or-treating on Halloween, and encourage the children to also be cautious.

• Carry a flashlight.

The more noticeable you make yourself to cars, the better. Carrying a flashlight will not only help you to see where you are going, it will also help drivers to see you. In the event of an emergency, a flashlight could also aid in signaling for help.

• Wear costumes that fit properly, including appropriate shoes.

Costumes should fit snugly, with no hanging fabric or objects. Loose material can cause a trick-or-treater to trip and fall. Durable, no-slip shoes should also be worn for the same reason, even if they don’t match your costume.

• Plan your route

Following these tips can help keep Halloween fun and injury free, but encourage your kids to also be smart if they are old enough to trick-or-treat without a parent. Here are a few common-sense guidelines: Never enter a stranger’s house without a parent, no matter what reason the owner gives you. Wear a watch to keep track of the time, and check in regularly to let parents know you’re safe. Never walk alone. Staying in a group will ensure that at least one person can help you if something happens. Remember, if something seems suspicious, trust your judgment. Leave the area and tell a responsible adult about it.

If you or someone you know has been injured in a car accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Contact our office today for a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Remind kids: safety before candy, prevent pedestrian car accidents

Chuck Boyk — Thu, 23 Oct 2008 21:06:00 GMT

According to the Centers for Disease Control, an average of four wrongful deaths per year occurred during Halloween hours amongst kids ages 5-14 years after pedestrian car accidents.

Keep your kids safe and free from pedestrian car accidents this Halloween by following these important safety tips. Our Toledo, Ohio pedestrian accident lawyers encourage parents to take an active role in trick-or-treating, regardless of a child’s age, in order to prevent wrongful death from pedestrian accidents.

• Never walk behind cars, even if they are parked.

Cars that appear to be parked may have drivers behind the wheel. Avoid backover accidents by always staying in clear view of a driver and never behind a vehicle. Never dart from behind a parked car to cross the street. Drivers don’t expect to see people crossing in the middle of the road, and may not see you.

• Stick to sidewalks.

When possible, always use sidewalks, and stay out of the road. If you must walk in the street, make sure to walk on the left side of the road, against traffic. That way you can see approaching cars, and they have a better chance of seeing you. Stay as close as possible to the shoulder of the road to avoid being struck by a passing car, and if walking in a group, walk single-file.

• Don’t touch dogs that are unfamiliar with you.

Even the friendliest dogs get spooked on Halloween and have the potential to bite. Don’t pet any dog before getting permission from the owner, and remember that just because you recognize a neighbor’s dog doesn’t mean he recognizes you, especially if you are in costume. The dog could see you as a threat and attack. If you have permission to pet the dog, allow him to smell your hand and clothing first.

If you or someone you know had suffered injuries from a pedestrian car accident, order your free copy of The Ohio Accident Book by contacting our office today. Our Toledo, Ohio car accident attorneys are available 24 hours a day, seven days a week.

Originally posted at InjuryBoard by Chuck Boyk