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Questions Answered by Matthew S Flemming
2 Answers | Asked in Legal Malpractice for Ohio on
Q: Can I fire my lawyer even though I signed a contract? I was injured in a car accident called a lawyer he presented

Himself like he would be on it. 10 months has passed I've never met him. I have no idea what's going on with the case. When I call a paralegal answers. I feel something isn't right. I've waited 15 days for a return call just to be the paralegal again.

Matthew S Flemming
Matthew S Flemming answered on Dec 2, 2017

Yes. But, talk to your lawyer. See what’s happening on his end. Your attorney had most likely been dealing with insurance companies, doctors, etc. express your concerns. Ask him to explain what’s going on, you may be happy with the answer. You may not.

Another important thing to...
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1 Answer | Asked in Car Accidents for Ohio on
Q: I was recently in an auto accident I was rear ended I was incoherent Air bag deployed in my face The man who hit me said

I hit him which was a lie The Officer let him go gave me the ticket So his insurance put me at fault I’ve had back issues since the accident Can I sue for injuries

Matthew S Flemming
Matthew S Flemming answered on Nov 27, 2017

I'm sorry to hear about your accident. I would consult with an attorney in your area. A forum like this would not be a good place to discuss intricate issues of liability that may become public by nature of the website where you are asking the question.

Most attorneys will give free...
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1 Answer | Asked in Car Accidents for Ohio on
Q: Do parents have to pay medical bills for accidents that happened as a minor?

My boyfriend was passenger in a car accident while being a minor. Lots of medical bills and injuries. His father settled a claim for a few grand that went to my boyfriend, and towards some of the bills. Suddenly thousands of other dollars in bills are coming in, and his father is trying to tell him... Read more »

Matthew S Flemming
Matthew S Flemming answered on Nov 14, 2017

Your boyfriend may be able to still make his own claim against the driver that caused the collision, but, that means the insurance company would then sue his father to recoup the settlement that he entered into on your boyfriend’s behalf. It’s not guaranteed that he may have this option... Read more »

2 Answers | Asked in Car Accidents for Ohio on
Q: I have closed head injury and sprain neck and back from car wreck guy admitted fault will they pay meforpainandsuffering
Matthew S Flemming
Matthew S Flemming answered on Oct 18, 2017

They may, depending on the evidence that you present to them. An insurance company will look for any reason to devalue your claim, so it is worthwhile to at least consult with an attorney who practices personal injury to go over the value of your claim, because you may leave a lot of money on the... Read more »

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3 Answers | Asked in Car Accidents and Criminal Law for Ohio on
Q: Got a ticket, failure to control, after an accident. Have video that shows car turned into me. Will case be dismissed?

I was riding a motorcycle in my lane not speeding. Car going slow in right lane changed into my lane and didn't signal. I hit the rear passenger door of vehicle. Totalled my motorcycle and was hospitalized..

Matthew S Flemming
Matthew S Flemming answered on Sep 13, 2017

There are strict burdens of proof for criminal charges that a prosecutor must meet in order to get a conviction. If you have video evidence that you are not at fault for the collision, i would hire an attorney to fight the charge.

You will also have a civil claim against the driver of the...
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2 Answers | Asked in Personal Injury for Ohio on
Q: I went to a rental property and was assaulted by the renter - can I sue her renters's insurance?
Matthew S Flemming
Matthew S Flemming answered on Sep 2, 2017

You don't sue a person's insurance, you sue the person and the company can indemnify (pay on their behalf) in certain circumstances.

Unfortunately, a criminal or intentional action is one of the circumstances where typically insurance will not cover or indemnify its insured. Most...
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2 Answers | Asked in Car Accidents for Ohio on
Q: Why would a lawyer firm withdrawal from a personal injury case
Matthew S Flemming
Matthew S Flemming answered on Jul 31, 2017

There are several reasons why an attorney might withdraw, and all of them depend on the facts of your case. The best person to answer why the firm withdrew is the attorney who formerly represented you. Of course, once an attorney withdraws, it is best to look at the reasons why, contact another... Read more »

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2 Answers | Asked in Personal Injury and Wrongful Death for Ohio on
Q: My father was injured on someone's property and later died as a result.

My 88 year old father fell on someone's property and broke his neck which led to his hospitalization and dieing a horrible death.

My mother is old fashioned a32nd does not want to sue them or their insurance.

I on the other hand am very angry and also worried about all the... Read more »

Matthew S Flemming
Matthew S Flemming answered on Jun 8, 2017

I'm sorry for your loss.

The administrator of your father's estate would be the only person who could initiate a lawsuit.

There are a lot of things that go into determining whether or not a property owner is responsible for a fall and resulting injuries, and there are...
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2 Answers | Asked in Personal Injury for Ohio on
Q: Can I be sued if my friend rolled my ATV and was hurt on my property in Ohio?

He was drinking before coming to my property which I didn't know. His wife said he had 5 beers before coming over.

Matthew S Flemming
Matthew S Flemming answered on May 22, 2017

He may try to file a claim against you. If he does, your homeowner's insurance should defend you, so notify them promptly of any communications from your friend or an attorney working on his behalf.

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4 Answers | Asked in Personal Injury for Ohio on
Q: My son was injured in a fraternity hazing incident. Can the fraternity be held legally responsible?
Matthew S Flemming
Matthew S Flemming answered on May 19, 2017

I hope your son was not seriously injured and that he has a speedy recovery.

You could potentially hold a fraternity responsible, however you would need to provide a lot more facts about how the injury occurred, what the fraternity was doing, whether it was an event where he assumed the...
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1 Answer | Asked in Car Accidents for Ohio on
Q: My attorney wants me to settle a personal injury claim for far less then my medical bills. What do I do.

I was in an auto accident, low speed accident little damage to my car, big damage to my neck. My attorney wants me to settle for far less then my medical bills, I also missed 6 weeks of school which cost me in student loans because I was past the time period of dropping the class. Do I settle and... Read more »

Matthew S Flemming
Matthew S Flemming answered on May 16, 2017

Good morning, I'm sorry that you're dealing with this issue. A lot of factors go into the valuation of a claim, including, but not limited to, the jurisdiction you're in, the types of injuries, the property damage and the facts of the accident, your condition prior to the accident,... Read more »

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: I am an Ohio Landlord. My Lease Agreement states that the Tenant is responsible for the water/sewer/trash bill in full

The Lease Agreement states the Tenant is to remit payment of the quarterly water/sewer /trash bill in full to the Landlord each quarter. There has been no payment and I am wondering if it is a 3 day notice for nonpayment of the bill.

thank you

Matthew S Flemming
Matthew S Flemming answered on Feb 11, 2016

If you are trying to evict them for nonpayment, then yes, the 3 day notice is required by law.

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1 Answer | Asked in Car Accidents for Ohio on
Q: What kind of right do I have for a car accident ?
Matthew S Flemming
Matthew S Flemming answered on Oct 14, 2015

Generally, if you are the party who was injured or whose property was damaged in a car accident, you have the ability to recoup any damages through negotiation with the at-fault party or their insurance company. The court system allows for a person to obtain compensation for damages that they... Read more »

2 Answers | Asked in Car Accidents for Ohio on
Q: I was involved in an auto accident.

The other party was at fault and the driver is 17 and still in high school. My car is totaled and the insurance payout will not cover buying a similar make/model auto. Am I able to sue for the difference? And if so who do I sue, the 17 year old driver or the parents?

Matthew S Flemming
Matthew S Flemming answered on Oct 14, 2015

Mr. Smith is correct. You will want to try and speak with an attorney who will determine what the best course of action and therefore recovery is for your case. The attorney will know which parties to seek recovery from.

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