Injury Claim: Please Do Not Wait “Til The Midnight Hour”

Consult An Attorney Early To Avoid Losing Out On An Injury Claim!

injury claimI am borrowing from the classic Wilson Pickett hit song in the 1960’s to emphasize the importance of discussing an injury or a loss with an attorney as soon as practicable. The lyrics are:

“I’m gonna wait ‘til the midnight hour’
That’s when my love comes tumbling down
I’m gonna wait ‘til the midnight hour’
When there’s no one else around”

So often a person has a potential claim whether it is for a personal injury claim, property damage, breach of a contract or lease, discrimination or adverse action during employment, or otherwise, but by the time an attorney is informed and reviews the facts it is too late to proceed with a court case. It is a mistake to wait until “the midnight hour” because it is often unclear when the deadline is for particular claims to be brought to court. Waiting too long may mean a potentially good case might come “tumbling down.”

Recently, the Supreme Court of Ohio upheld a 90-day limit for pursuing an employee’s injury claim that the employer retaliated against the employee because the employee had filed for worker’s compensation for … Read More... “Injury Claim: Please Do Not Wait “Til The Midnight Hour””

Marital Torts in Ohio … A Primer

mar_torts.jpgI posted a blog article titled Sexually Transmitted Diseases and Alimony Proceedings on October 16, 2010. In it I promised a follow-up article discussing the status of Ohio law concerning domestic or marital torts.

In Ohio, like in most states, interspousal tort immunity has been abolished.  A person may bring a personal injury action against his current spouse or between a former spouse for personal injury which occurred during the marriage.  Marital torts can include any claim for personal injuries and are often referred to as domestic or marital torts because they are torts that occur within the family context, such as between spouses. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel.

As in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties.  Torts are civil actions arising from the conduct, deliberate or careless, of one individual in dealings causing harm or damage to another; and they also arise as a result of intent or negligence. Intentional torts, which … Read More... “Marital Torts in Ohio … A Primer”

“Intextication”…The Dangers of Texting and Driving!

texting.jpgDriving these days can be very challenging. In addition, technological advances provide their own distractions, leaving drivers trying to split their attention between the road and the gadgets. Many experts believe that driving while texting, or “intextication”, is worse than driving drunk. In fact, studies show that 97.5% of people cannot drive safely while using cell phones. The National Highway Traffic Safety Administration (NHTSA) statistics show that roughly 16 people are killed every day in auto accidents involving a distracted driver, with over 1,300 more injured. In 2008, almost 6,000 people were killed and a half million more were injured by distracted drivers. It was a surprise to me to read a study this month that showed the American teenagers on average send 115 text messages per day. It is no wonder that authorities claim that the significant increases in texting volumes have resulted in thousands of additional road fatalities in the United States!

Thirty (30) states, including D.C. and Guam, ban text messaging while driving. Within the next few years, more and more states will enact laws banning “texting” when driving. While many cities in Ohio (including Cincinnati, Columbus and Toledo) have banned texting while driving, the State has … Read More... ““Intextication”…The Dangers of Texting and Driving!”

How Injury Claims Are Treated In Divorce Court

per_injcheck.jpgIn early April, I received a phone call from Attorney Brian Wilson, a principal in the Canton personal injury law firm of Nicodemo & Wilson.  He and I have teamed up on a few prior projects, and he has contributed to the Oho Family Law Blog in the past.  After catching up a bit on the joys of blogging and our respective lives, he asked if I might consider writing an article as a guest blogger on their Bull’s-Eye Blog about how personal injury settlements are treated by divorce courts.  Of course, I was only too happy to accommodate Brian.  His blog is superb and one that I read several times a week.  Check it out by clicking here.  The article I wrote was posted on May 3, 2010.  Thanks, Brian! Here it is starting with Brian’s introduction:

Occasionally, we have guest bloggers write on topics of interest that cross over into Ohio personal injury issues. Our guest blogger is Robert L. Mues, an outstanding Dayton, Ohio, family law attorney. I found his interesting and informative blog and website while searching the Net for…interesting and informative blogs and websites! His blog is a must read for folks dealing with … Read More... “How Injury Claims Are Treated In Divorce Court”