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Ohio Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Traffic Tickets, Car Accidents and Municipal Law for Ohio on
Q: While backing out of driveway at night got broadsided dead-center. Who is at fault?

In NE Ohio at 7:25PM few days ago backing out my car with lights from a driveway looking both sides onto a rural highway(single lane two way 55mph highway). Get broad sided dead center(between front and back passenger door) by another car. Question is, who is at fault. Got cited by the cop for... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

'm sorry to hear about your accident. Determining fault in such situations involves understanding Ohio's traffic laws and the specifics of the incident.

Ohio Traffic Laws:

According to Ohio Revised Code § 4511.44, when entering or crossing a highway from a place other...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Ohio on
Q: Contacted Histoplasmosis in 2018 from 3 years on Humari. Is it too late to get compensation for pain and suffering

Histoplasmosis started in Lung and traveled to left eye. Took shots in eye for a year. Still have problems driving and has prevented me from going places. Have nodule in lung and scarring

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

An Ohio attorney might be in the best position to answer, but your question remains open for three weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to law firms that have experience with cases involving Humira (adalimumab). A local attorney should... View More

1 Answer | Asked in Car Accidents and Personal Injury for Ohio on
Q: illegal left turn making me swerve them and crashing am i able to still sue? weboth have liability theirs is denying me

someone made an illegal left turn in front of me causing me to swerve them and crash. her insurance is denying liability since there’s no proof she caused it since we didn’t come in contact. (she did go into a local allstate unit and it was obvious she was in the wrong even tho they didn’t... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

I'm sorry about your accident. A Pennsylvania attorney could advise best, but your question remains open for three weeks. From a textbook standpoint, yes, you have a case. Although the other vehicle did not make contact with you, it appears that they were the cause of your accident. From a... View More

2 Answers | Asked in Personal Injury and Products Liability for Ohio on
Q: Can I file a lawsuit against a vape company from when I got pneumonia a couple years ago? March 2022 to be exact.

I was hospitalized for 2-3 days. I had Necrotizing Pneumonia which is rare in someone my age.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Likely no, even if the SOL hasnt tolled, it's a super weak claim. To pursue this kind of case, you would likely need to show that the vape product was defective in some way (e.g., contained harmful chemicals or wasn’t properly labeled with health warnings) and that this defect directly... View More

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2 Answers | Asked in Personal Injury and Products Liability for Ohio on
Q: Can I file a lawsuit against a vape company from when I got pneumonia a couple years ago? March 2022 to be exact.

I was hospitalized for 2-3 days. I had Necrotizing Pneumonia which is rare in someone my age.

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. Your first step could be to look into the timeliness of your claim. When it comes to statutes of limitations, it would be best for local attorneys to advise. However, simply from general information that anyone could... View More

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Ohio on
Q: Ohio; loss of use of my vehicle included in bodily injury claim? Bodily injury should include mental health?

I’m trying to get loss of use compensation from the insurance company if the girl that hit me last year. They responded that they already paid my insurance company for loss of use and all other claims are under my bodily injury claim. My insurance company has no record of them send payment for... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2024

An Ohio attorney could advise best, and more specifically, your own attorney on the case. But your question remains open for a week. It's difficult to give a "short answer" here because loss of use of your vehicle could depend on your policy and/or liability in the case. This may or... View More

2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Ohio on
Q: Will parents be protected from liability if adult daughter gets her own insurance?

Adult daughter will be attending college in CO. We live in OH. Car is titled and registered in her name in OH. If she gets her own car insurance, will we be protected from liability if she has an accident?

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

Yes, you should be. That's a good move. It might also be helpful to consult with insurance professionals in Colorado. Although auto insurance is fairly standard in many aspects nationwide, there are always twists and distinctions from one jurisdiction to another, since a good portion of auto... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Ohio on
Q: Can security of am amusement park detain and question minors without parents being present?
James L. Arrasmith
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answered on Jun 21, 2024

In general, security personnel at an amusement park can temporarily detain and question minors without parents present if they have reasonable suspicion of wrongdoing. However, there are important considerations:

1. Detention should be brief and reasonable in scope.

2. Questioning...
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1 Answer | Asked in Personal Injury for Ohio on
Q: do I have a case?

I recently had pilonidal cyst surgery to have two abscesses removed on my right butt cheek. The surgeon went in and removed a cyst, but left the abscesses on my butt cheek. She at first denied the area and said it was my anxiety and tissue damage. after going to get a CAT scan and getting with my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

An Ohio attorney could advise best, but your question remains open for a week. It could depend on whether the surgeon violated a duty of care owed to you, and the extent and permanence of your damages. Abscesses can cover a wide range of results, not all of which are necessarily the result of... View More

2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2024

There's no set legal answer that applies to all cases. Some patient files are fifty pages long, and some are several thousand. Also, many law firms will still retrieve the client's records, even if the client provided their own copy. That could involve going through record management... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 16, 2024

It is not an usual amount of time but you must exercise care in that there are strict deadlines in which a lawsuit or other action needs to be taken and you do not want to run out of time. Therefore, you may want to ask when you will get an answer and continue searing for attorneys.

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2 Answers | Asked in Medical Malpractice and Personal Injury for Ohio on
Q: How do I find another doctor that will back up my malpractice claim?

I have I have femoral nerve damage and severe femoral neuropathy, and severe quad atrophy. The doctor / surgeon and the EMG specialist both said that this is from the nerve block I received prior to surgery. I looked back in my chart and they didn't actually put that in my chart it was just... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

There are directories of experts out there for various areas of law, including medicine. They can be found online. If you are in the process of reaching out to law firms to discuss your matter, most med mal firms know experts within the medical community. They often consult with them to discuss the... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Ohio on
Q: How do I find another doctor that will back up my malpractice claim?

I have I have femoral nerve damage and severe femoral neuropathy, and severe quad atrophy. The doctor / surgeon and the EMG specialist both said that this is from the nerve block I received prior to surgery. I looked back in my chart and they didn't actually put that in my chart it was just... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 8, 2024

There are many ways to get experts. There are medical expert companies that search for and arrange introductions, for a fee, to experts (often they get paid out of the expert's fee), one can look for doctors who have testified previously, and one can contact doctors at universities and other... View More

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1 Answer | Asked in Banking, Personal Injury and Probate for Ohio on
Q: I have a question about my late husband who is now passed

My husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though... View More

James L. Arrasmith
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answered on Mar 2, 2024

Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to... View More

1 Answer | Asked in Family Law and Personal Injury for Ohio on
Q: Is it legal for a husband to refuse to take wife to hospital

I had a concussion and cannot drive and needed to be taken to hospital

T. Augustus Claus
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answered on Feb 23, 2024

In Ohio, as in other jurisdictions, while there is a general moral expectation for spouses to care for each other, especially in emergencies, the legality of a husband refusing to take his wife to the hospital, such as in the case of a concussion, is complex. There are no specific laws compelling a... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Landlord - Tenant for Ohio on
Q: I can prove my property manager gave someone illegal access to my apartment and the physical damage n property damage

This illegal access was direct cause of the physical and property damage how do I get charges brought from this . The person a malignant narcissist still enter my property still cause damage after several complaints to police

James L. Arrasmith
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answered on Feb 23, 2024

If you have evidence that your property manager granted someone unauthorized access to your apartment, resulting in physical and property damage, you should consider taking legal action. Start by gathering all the evidence you have, including any documentation, photographs of the damage, and... View More

2 Answers | Asked in Bankruptcy, Car Accidents and Personal Injury for Ohio on
Q: I was discharged after filing chapter 7 in August of last year. Was involved in car accident in February 2024. She is at

.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 11, 2024

Unlike many states (like PA), Ohio does not permit a debtor to choose between the state and federal exemption lists; an Ohio resident can choose only those exemptions granted by the state of Ohio.

While it appears that the Ohio exemptions might have protected your auto accident recovery,...
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2 Answers | Asked in Bankruptcy, Car Accidents and Personal Injury for Ohio on
Q: I was discharged after filing chapter 7 in August of last year. Was involved in car accident in February 2024. She is at

.

James L. Arrasmith
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answered on Feb 24, 2024

Yes, any insurance settlement from your February 2024 car accident should be protected and not at risk if you were previously discharged from a Chapter 7 bankruptcy in August 2023.

The key bankruptcy law that provides this protection is Section 541(a)(5) of the Bankruptcy Code. It states...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Ohio on
Q: What can I do about my primary doctor who lied on the written filing of report that she addressed my diagnosis at length

She never disclosed this to me but I learned about it later when I downloaded My Chart r medical reports.

Joel Gary Selik
Joel Gary Selik
answered on Feb 9, 2024

It depends on your goals, if there is a lawsuit, and if the doctor or health group will continue to be your doctors. There are some state's with laws that allow you to add information to your records. Discussing with your doctor that its not accurate or otherwise disputing it it may work. It... View More

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