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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 Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Joseph Jaap
Joseph Jaap
answered on Oct 16, 2024

Talk to the surveyor who set the new pin and compare to the plat or legal description of your parcel. You might have to hire your own surveyor to confirm your boundaries and determine if the carport encroaches. Even if there is no encroachment, it might not meet the zoning setback requirements.... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 17, 2024

It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the... View More

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1 Answer | Asked in Criminal Law for Ohio on
Q: I had the police show up at my house today. I didn't answer and they refused to discuss over phone. What do I do?

My ex has had me arrested twice before and he just lost in court against me so whatever this is is retaliation. I'm terrified of cops to the point of panic attacks. I don't know how to handle this.

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

If you were a victim or witness to a crime the police would probably be nice and give you some information over the phone. It sounds like you are being treated as a suspect.

It is almost always a bad idea to speak to the police. Their purpose in speaking to you is to get you to say...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: I don’t want to infringe on this patent. If my system does not attach to shelf and does is not adjustable in depth would

Patent Claims

1. A method for wire shelf restoring by altering the visual aesthetics of a wire shelf comprising:

providing a top surface covering capable of defining a plurality of depth dimensions;

adjusting the depth of the top surface covering to a predetermined shelf... View More

Sarah Teresa Haddad
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Sarah Teresa Haddad pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2024

To directly infringe a method patent claim, a person must have practiced all the steps of the claimed methods. Hence, if the referenced method, is the full method in that particular claim, you will not infringe it if not all of these steps are carried out. If another party under your direction... 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.

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 Estate Planning for Ohio on
Q: My Mom and deceased Aunt's estate have joint ownership of a house. In this case, which is better a will or a trust?
Beverly A Stull
Beverly A Stull
answered on Oct 11, 2024

First your mother will have to get the house in her name alone. Depending on the wording of the deed, that may require probate or an affidavit. Then your mother can do her estate planning. A will does not avoid probate, but there are other ways. A trust avoids probate. She should schedule a... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Does a landlord have to provide written documentation that they are refusing your rent when requested

Landlord is refusing current months rent because they are about to give an eviction notice but no notice has been given yet. When requested they refuse to put anything in writing

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

A landlord cannot refuse timely paid rent. They ARE permitted to refuse late rent unless a specific municipal code prevents that. If they attempt eviction, let the court know that you attempted to pay rent timely and it was refused.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My boyfriend has been trying to find out when he was divorced. His ex will not give him any information.

We’ve tried everything on the Internet to try and find it with no luck. She said it was in the mid 90s, but that’s all she’ll say. She lives in Ohio. He tried calling every county he could think of with no luck. What else can we do?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

I think it's possible based on this description that he was never actually divorced. This is usually something that is pretty easy to check. She would have had to file in a domestic relations court of the county in which she resided. If you have already contacted that county's clerk of... View More

1 Answer | Asked in Family Law for Ohio on
Q: Does a step parent have any rights to children vs a domestic partner?

My ex and I have 2 kids. He is re married and I have a partner of 5 years. My kids consider my partner their step Dad. He is claiming since we are not married that my partner can't even be listed as an emergency contact at school or any other forms but his wife is required to be listed. In my... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

He is wrong. Unless she adopts them, or gets some other kind of court ordered right, his new wife and your current boyfriend have the same amount of rights to the children, which is none.

He also misunderstands what an emergency contact is. It is just that. An emergency contact. It implies...
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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: What do I do if I was named in a foreclosure for a property I no longer own?

I currently live in FL; however, recently I was named as a defendant for a property that is being foreclosed on in Summit County Ohio. I owned the property in 2014 and sold it in 2016 and currently have no interest in the property. I am not sure how I was named in this situation with the courts.... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

It is likely that you were named in an abundance of caution as having a potential interest in the property. All parties with an interest in a property must be named in a foreclosure. You can likely do nothing and be fine, but if you'd rather file something with the court disclaiming your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I have a question on buying a property with rented mobile home lots.

The lot is a .5 acre lot in Adelphi Ohio. There are two mobile homes on the lot they rent the lots but own the homes. We want to buy our own mobile home to move to the lot. Can we have the current tenants move if given a reasonable time to vacate? Would we be legally responsible for any cost in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 3, 2024

You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.

There are very specific laws regarding mobile home parks and the eviction process. It...
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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

1 Answer | Asked in Probate for Ohio on
Q: Ohio Probate My mom, uncle and aunt inherited my Grandma's house. My uncle died without a will, no kids or wife.

So my mom and aunt inherited his share of the house and his belongings like a new car and other things of value. The house nor his car had not yet been sold when my mom died in June without a will. So my question are me and my siblings legally entitled to her share of the house and of my uncles... View More

Joseph Jaap
Joseph Jaap
answered on Oct 1, 2024

Yes, you and your siblings could be entitled to something of your mother's estate, depending on whether she has a surviving spouse. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you how best to proceed to sort out the estates for both your... View More

1 Answer | Asked in Probate for Ohio on
Q: i am a minor in medina county ohio and want to get a legal name change, how does it work? do i need a court date? etc

i’m in medina county ohio and want to know how as a minor i can change my name to align with my gender identity. will i have to go to court and talk to a judge, do i have to do a backrounf check, can passing that make it so i dont have to do a. court hearing? stuff like that

Aaron Epling
Aaron Epling
answered on Sep 30, 2024

Good question! Here's a link to the packet you would need to fill out in Medina County (for reference only) and it does contain some requirements. Looks like the parents must be notified at a minimum and may appear at the hearing to object. Good luck!... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I verify my rights as successor beneficiary of trust if trustee won’t provide copy?

My grandmother died in July and her assets were in a trust. I believe that my father, who died three years ago, is a beneficiary of the trust and I would be a successor beneficiary and may be entitled to his share.

The problem is that, despite multiple requests, the trustee has not provided... View More

Aaron Epling
Aaron Epling
answered on Sep 30, 2024

Beneficiaries are entitled to a copy of the trust instrument, among other things, under Ohio law. If you are having a difficult time with the trustee, then you need to be proactive. This is a common story and the longer you wait the more likely you are to end up with nothing. I recommend getting an... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: What are my options if I was sold a property without knowing the boundary line is inside my garage?

I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 24, 2024

Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How to best handle a small estate in Ohio, with only non Ohio heirs?

My mother recently died in Lawrence County Ohio. She has 2 children, myself, a 44 year old Kentucky resident, and my sister, a 49 year old West Virginia resident. Her estate only consists of a 2009 Honda Civic, no other assets, no owed debts. What is our best course of action since neither of us... View More

Andrew Popp
Andrew Popp
answered on Sep 24, 2024

It sounds like the estate may qualify for a simplified proceeding to handle the vehicle. Unfortunately, a Court process is still involved. Depending on what estate documents are in place you may need to retain local counsel to handle the matter for you.

I recommend setting up a...
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