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Personal Injury Law

Cleveland Personal Injury Lawyer

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Last Entry: March 15, 2011 at 02:42:00

Former Allstate CEO to Run AIG - Yikes!

Posted on September 19, 2008
Next in line for a government, i.e taxpayer, bailout is the biggest insurance company in the world, American International Group, Inc. ("AIG"). The United States government has been forced to supplement the premiums AIG collects from us with $85 billion of our tax dollars...

New Proposal on Railroad Crossing Safety Will Do More Harm Than Good

Posted on September 05, 2008
The American Association for Justice (AAJ) reports that the Federal Highway Administration has proposed a policy that will require yield or stop signs at every railroad crossing in America. This policy may seem like a good public safety measure, but in reality it is anything but...

U.S. Census Bureau to Release Report on Number of Uninsured in America

Posted on August 28, 2008
The United States Census Bureau announced it will soon release a report estimating the number of Americans who are without health insurance coverage. And while different surveys arrive at different figures, no one disagrees that the number of Americans who have been without health insurance for at least one full year is greater than 30 million (millions more are uninsured at a particular time)...

Nursing Home Neglect and Ohio's Nursing Home Residents' Bill of Rights

Posted on August 27, 2008
As the population ages, more and more people are entering nursing homes and long term care facilities. Before you place a loved one into one of these facilities, however, you want to make sure it is reputable and that your loved one will be well taken care of...

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Who should pay for "never events," medical errors so obvious that they should never occur?

Posted on August 21, 2008
The term "never event" is used to describe obvious and easily preventable medical errors that cause serious and costly injury and death to their victims. They received their name because these mistakes should never happen. Never events include surgery on the wrong body part, performing a surgical procedure on the wrong patient, mismatched blood transfusions, and foreign objects left in a patient after surgery...

Concerns Over Chemical Found in Plastic Bottles Prompts Congressional Action and Lawsuits

Posted on August 11, 2008
A chemical known as bisphenol A (BPA) commonly found in plastic bottles may cause a variety of health problems. Numerous studies have documented the presence of BPA in human tissue and blood. A study conducted by the Centers for Disease Control and Prevention found that almost 93 percent of those tested had detectable levels of BPA in their urine...

Nurse to Patient Ratios and Quality Health Care in Ohio

Posted on July 30, 2008
In 2004, California passed a law setting minimum nurse to patient ratios for hospitals. The law was passed in response to studies and data suggesting that the more patients a nurse has to care for, the more likely one of his or her patients will receive substandard care and attention, and suffer injury, complications, or even die...

House Bill Would Subject Foreign Manufacturers to Liability in U.S. Courts for Defective Products Sold in the US

Posted on July 24, 2008
Many recent news reports have documented the recurring problem of defective goods manufactured in China that are being sold in the United States and injuring Americans. A recent article published in the Ohio State Bar Association's magazine, Ohio Lawyer, by Douglas Oliver entitled "China's shortcomings with product safety and satisfaction have left Ohio lawyers turning to Ohio's product liability law for answers" explains that Chinese products account for a disproportionately high percentage of U...

Report Lists Top Ten Worst Insurance Companies

Posted on July 18, 2008
And the winner is... Allstate Insurance Company! Congratulations to Allstate for topping the list of the worst insurance companies in the United States. According to a recent report published by the American Association for Justice ("AAJ"), a pro-consumer assocaition of civil justice attorneys, Allstate is the "poster child for insurance industry greed...

Stun Gun Maker Says Tasers Don't Kill

Posted on July 16, 2008
The maker of Taser stun guns, Taser International, Inc., took Summit County Medical Examiner Dr. Lisa Kohler to court to challenge her conclusion that electrical pulses administered by its Tasers contributed to the deaths of three men. Dr. Kohler concluded that law enforcement officers' use of tasers to subdue these men was one of the contributing causes to their deaths...

Defective Vehicle Owners Have No Recourse Until Its Too Late

Posted on July 10, 2008
What legal recourse do you have if you learn that the vehicle you own has a common defect that has resulted in serious injury or even death to operators of the same type of vehicle? Unless you have already had a problem with that vehicle, the unfortunate answer is nothing...

Post Claim Underwriting: Canceling Insurance Coverage When It's Needed Most

Posted on July 02, 2008
Insurance coverage is supposed to provide peace of mind. Peace of mind that an unfortunate event will not bankrupt you. Indeed, when we buy insurance, in reality we are paying for the carrier's promise to pay. All of us hope we will never be required to call upon our insurance providers to make good on that promise...

Punitive Damages: Why predictability is not necessarily good

Posted on June 27, 2008
The law generally recognizes two types of damages. Compensatory and punitive damages. Compensatory damages are designed to make an injured person "whole." In other words, these damages are intended to put the plaintiff in the same position as they would have been if they had not been injured by the defendant...

Study Finds Individual Health Insurance Is Abusive

Posted on June 26, 2008
The availability of affordable health insurance coverage is a hot button topic in this country. Millions of americans cannot afford insurance and go without coverage. In this election year, some are proposing the individual health insurance market as a a solution to America's health insurance crisis...

THE CONTINGENCY FEE ALTERNATIVE FOR COSTLY LEGAL SERVICES

Posted on June 19, 2008
With legal fees and litigation costs soaring, small businesses unfortunately must opt to pay the high costs, or altogether forego pursuing potentially valuable claims because of the financial burden imposed. An alternative, however, does exist...

What is a statute of limitation and why is it important?

Posted on June 13, 2008
One of the first questions a lawyer contemplating filing a lawsuit on behalf of an injured person asks him or herself is when does the statute of limitations expire for this case.Why? Because the statute of limitations establishes the timesomeone has to file a lawsuit before they will be forever barred from ever bringing that suit...

Gadolinium- based MRI Contrast Agents Linked to Severe Skin Disorder NSF/NSD

Posted on June 04, 2008
Nephrogenic Systemic Fibrosis (NSF) or Nephrogenic Fibrosing Dermopathy(NFD) is a skin and joint disease associated with the use of gadolinium based contrast agents in patients with renal insufficiency. The Clinical Journalof the American Society of Nephrologystates that "NSF is a fibrosing disorder that involves predominantly the skin but also affects systemic organs, such as the liver, heart, lungs, diaphragm, and skeletal muscles...

How do I know if I have a medical malpractice case?

Posted on May 23, 2008
Determining whether someone has a case for medical malpractice can be a complex and costly process. Some medical errors are obvious. Examples of these obvious mistakes are surgical instruments left inside a patient or amputating a perfectly healthy right foot when it was the left foot that should have been amputated...

Apologies from Doctors for Medical Errors Reduce Lawsuits

Posted on May 21, 2008
People who believe they have been injured by another's negligence or reckless conduct often want an apology from the responsible party. Too often, however, as a lawyer, I have to advise clients that the civil justice system does not compel apologies or acknowledgement of wrongdoing, and that if they are looking for an apology, they won't get one by way of a lawsuit...

Fortis/Time/Assurant Health Insurance Denials and Rescissions

Posted on May 17, 2008
Fortis Insurance Company, now known as Time Insurance Company, and which also uses the name Assurant Health, is one of the largest individual health insurance providers in the United States. Time/Fortis' conduct with respect to accepting applications, underwriting policies, refusing to pay claims, and canceling coverage has come under increasing scrutiny over the past several years...

Benefits of Class Action Lawsuits

Posted on May 13, 2008
Class action lawsuits frequently get a bad rap as benefitting only the lawyers who bring them with little to no financial benefit for class members. Reports of class action attorneys receiving millions in fees while their clients receive only nominal compensation like merchandise coupons have tainted the public's perception of class action lawsuits...

Ohio Mortgage Fraud Victims Should Pursue Their Rights

Posted on May 11, 2008
Ohio has been rocked by the sub-prime mortgage crisis. Scores of families and people have lost their homes to foreclosure, and entire communities have been blighted as a result of increasing numbers of abandoned homes. Others have had their credit ruined or lost the equity in their home...

Tips On Choosing a Lawyer in Ohio

Posted on May 07, 2008
Choosing a lawyer to serve as your legal representative in a dispute or negotiation is a big and important decision. After all, your lawyer, in addition to advising you, acts as your face and mouthpeice. Your attorney should be someone who understands the law relating to your needs, who explains things to your understanding and satisfaction, and who will fight for your rights and interests ...

Cell Phone Distraction Causes Thousands Of Car Crashes and Injuries Every Year

Posted on May 01, 2008
Cell phones have become mandatory for any professional adult. Once a high tech luxury gadget, now almost everyone has a cell phone, and increasingly more people have two. Cell phones have made modern life more convenient, allowing us to keep in touch and remain available at all times...

Prepayment Penalties - Are You Overpaying?

Posted on April 28, 2008
By now all of us are at least marginally familiar with the problems stemming form the "Sub-Prime Mortgage Meltdown" in the United States. Those of us in certain areas of the counrty have seen the fallout first-hand - record high foreclosure rates, people losing their homes and neighborhoods plagued by increasing vacant boarded-up houses...

Ohio Damage Caps - An Assault on Our Right to Trial by Jury

Posted on April 25, 2008
One of the things that makes the United States such a great country is our jury system. Our jury system constitutes the most direct form of self-governance in the world. Not even our votes at the ballot box have as an immediate, direct and consequential impact as do our votes in the jury box...

Whistleblower Suits - Overview of the Federal False Claims Act

Posted on April 24, 2008
The federal False Claims Act (FCA) authorizes a private citizen with knowledge of fraudulent claims against the government to file suit on behalf of the government against the party who submitted the false claims. A person who files an FCA law suit is referred to as the "relator" or more commonly as the "whistleblower...

Is Ohio home-intruder law a good idea?

Posted on April 19, 2008
On April 16, 2008, Ohio's Senate unanimously passed Senate Bill 184 which presumes that a home's resident acted in self-defense if he or shes uses force against someone who unlawfully enters his or her home. This bill would also prohibits anyone from suing civilly if they are injured while committing a crime...

Us Ohioans Pay Too Much for Our Medical Records

Posted on April 17, 2008
Health care costs in the United States are rising at an alarming pace. Millions of Americans cannot afford adequate health care. Adding insult to injury, Ohio authorizes doctors, hospitals and medical records services to charge us for OUR medical records! Ohio permits our health care providers and copying services to charge us as much as $2...

Ohio Prohibits Insurers from Denying Claims and Cancelling Coverage Unless They Clearly Prove Fraud By The Insured

Posted on April 14, 2008
Every day Ohioans join the ranks of the uninsured and are denied health insurance benefits because carriers allege they misrepresented their health histories on insurance applications. Indeed, many insurance companies devote entire departments to investigating misrepresentations to determine their "liability" for claims submitted under a policy...

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