Although Uber has revolutionized public transportation and provides many advantages for drivers as well as passengers, many Uber drivers worry about whether their liability will be increased if they are involved in an accident while on the job. They are also worried about whether any injuries they suffer will entitle them to sufficient compensation.

If you are an Uber driver with concerns about possible accidents, or if you have already been involved in an accident with injuries, it’s important to understand both your rights and your responsibilities by consulting with an Uber accident attorney.

What a Sharp Personal Injury Attorney Can Do for You

Whether you live and work in California where Uber drivers have been legally designated as employees, or in one of the other states in which Uber drivers are still considered independent contractors, you need a lawyer knowledgeable about your state’s Uber laws and highly competent in both negotiation and litigation.

There is ambiguity surrounding Uber’s ability to shield itself from liability with the independent contractor argument, especially since California law has ruled otherwise. In any case, Uber accident cases can be complex. All the more reason to make sure to seek an attorney with experience and a history of successful outcomes.

A strong Uber accident attorney can make all the difference when it comes to fighting for your rights. You’ll want a lawyer with the skill set [1] to assist you in obtaining damages for losses you’ve sustained and [2] to help protect your assets in case you were the at-fault party and your passenger(s) or individuals in the other vehicle suffered injuries. Because you are David and Uber is Goliath, you need a powerful Uber accident attorney to level the playing field.

How Uber Insurance Works for Uber Drivers

There are several important facts to know in order to fully understand how Uber insurance works for its drivers:

1. Uber offers collision and comprehensive insurance that covers damage to your vehicle when you are working for them (i.e. when your app is on). This insurance has a $1,000 deductible, however, and kicks in only after your own drivers insurance policy has rejected your claim.
2. Your personal car insurance covers you when you are not working for Uber, but you will need rideshare insurance or commercial auto insurance or for when you are working as an Uber driver. If you have an accident while working as an Uber driver, your personal insurance company will almost certainly reject your claim.
3. The level of Uber insurance offers varies according to when your accident takes place relative to Uber employment, depending on whether your accident takes place while you are waiting for a call, driving to pick up a passenger, or actively driving your passenger to a destination. If you are driving a passenger, Uber is required to provide $1 million of insurance on your behalf.
4. If you are at-fault for the accident, Uber covers you only for third-party injuries — that is, those of your passengers or the other driver and his/her passengers. The company does not normally cover your own injuries — those are covered by your personal insurance.
5. If the driver of another vehicle is at-fault for the collision, the at-fault driver’s insurance policy will bear most of the burden. A smaller Uber insurance policy may, however, also be tapped and your own auto insurance may also apply.

Comparative  and Contributory Negligence Make Legal Support Crucial

It is important to remember that not all traffic accidents are the fault of only one person. In a great many cases, for example, at the time of the collision one driver was speeding and the other was making an illegal turn. Such cases are designated comparative negligence or contributory negligence, depending on which state you are in.

Though it seems unfair, in some few states the fact that you bear any amount of blame for the accident makes it impossible for you to collect damages. In  the majority of states, you must be less than 51 or 50 percent at fault to win your allocated percentage of compensation, and in a few others, like California, you can win your piece of the pie even if you are deemed 99 percent responsible for your own injury. Many states use modified versions of comparative or contributory negligence.

The permutations of liability and the various rationales for compensation make it imperative that you have an agile attorney arguing your case. Uber accidents are expensive, financially, emotionally, and in terms of physical harm, especially if driving is your primary source of income. This is why it is essential to have appropriately vigorous legal counsel if you are to come away able with the damages you need to restabilize your life.

Your Rights as an Uber Driver

Your most significant right as an Uber driver is your right to have a dedicated rideshare accident attorney represent you. Accidents involving Uber drivers tend to be more complicated to resolve than those between ordinary drivers. For this reason, you need a savvy attorney who beyond having consummate legal skill has compassion and respect for you as a worker and as a human being.

Author Bio: Joseph Shirazi

As an experienced California car accident attorney, I know that insurance companies take advantage of their customers’ inexperience to short-change them and delay paying them the money that they need now. I take an ambitious and proactive approach to avoid delays in payouts and obtain optimal recoveries, a strategy which has earned me a spot in National Trial Lawyer’s Top 40 Under 40 and more importantly, helped my clients get back on their feet, faster and better. I obtained a doctorate in law from Loyola Law School in 2009 and graduated from the University of California, Los Angeles with honors in 2005. I am also a member of the Consumer Attorneys Association of Los Angeles.

Always work with a criminal defense attorney if you have been arrested and accused of violating the law. The judicial system is engineered to convict suspects and maximize penalties for most alleged crimes, so it’s important to have a Columbus criminal defense attorney on your side when going through the system.

A criminal suspect or defendant needs quality advice and representation in order to ensure they receive fair treatment from police, prosecutors, and judges. They also need assistance from a trained legal professional who can explain what is happening at each stage of the process from arrest through investigation, trial, and sentencing or acquittal.

Hiring a criminal defense attorney in Columbus or elsewhere delivers three major benefits, as described below. Defendants should also keep in mind that they have the right to hire their own lawyer even if they first requested representation from a public defender.

Your Defense Lawyer Will Protect Your Rights

Police must have a justifiable reason to arrest you, and they must follow strict rules when doing searches, gathering evidence, and conducting investigations. Likewise, a prosecutor must share evidence and deal fairly with you and your defense attorney. No one involved in the criminal justice system can mistreat a suspect or defendant because of that person’s race, ethnicity, or religion.

Your Columbus criminal defense attorney will make sure that police, prosecutors, and judges meet their legal duties to respect your rights and that they follow the rules that apply to your case. Any violations of your rights or of procedure can be cited as grounds for having the charges against you dismissed or used as grounds for appealing a conviction.

Your Criminal Defense Attorney Will Listen to Your Side of the Story

Criminal suspects and defendants often feel that the system is stacked against them. They get the sense that no one will even listen to their explanation for what happened, let alone believe them.

Hiring a Columbus criminal defense lawyer gains you an ally who is only interested in making sure your side of the story gets told and considered with equal seriousness. It is, however, important that you tell your attorney the truth and share all the details relevant to your case, so they can track down evidence, speak with witnesses, and arrange for people to testify on your behalf.

Your Defense Lawyer Will Fight for Your Best Outcome

You may not be able to have your case thrown out. The evidence against you may be enough to convict you. In such circumstances, your criminal defense attorney will do all that the law allows to get charges reduced and penalties minimized. Often, achieving those goals requires striking a plea deal with the prosecutor.

Since prosecutors know that many defendants are eager to plead out rather than risk a trial, they will sometimes offer an arrangement that does not actually benefit the defendant. Your defense attorney should know the law and be able to spot an unfair deal. They will then advise you not to accept the prosecutor’s offer and put pressure on the prosecutor to put together a better plea deal.

Criminal defense attorneys are a vital part of our criminal justice system, protecting the civil rights of those accused of committing crimes. Without the defense component, people could be automatically punished at the will of those in authority. The Queen of Hearts in Alice in Wonderland who simply ordered “Off with their heads!” comes immediately to mind. But what training does a criminal defense attorney need? And what attributes does she or he have to possess to be successful?

Schooling, Degrees, and Exams

It takes hard work to become a criminal defense attorney, involving the following steps:

• Graduating college with a bachelor’s degree
• Getting a high enough score on the LSAT to be admitted to a good law school
• Completing 3 years of law school to obtain a Juris Doctor (J.D. or JD) degree
• Passing the state bar exam

Though you are considered an attorney once you have graduated law school, in order to work as a legal representative you must pass the bar in the jurisdiction in which you want to practice. Many states have reciprocal agreements with other states so that it is not always necessary to retake the bar if you decide to change locations.

Personal Attributes of a Strong Criminal Defense Attorney

Though criminal defense attorneys certainly can have different approaches to their craft and a broad range of personalities, those well-respected in their field share most of the following traits:

1. Strong critical thinking skills and an aptitude for logical reasoning

Criminal defense attorneys have to understand and use the building blocks of logical thinking in order to construct a convincing defense for their clients. They must also have a talent for perceiving weaknesses in the opposing attorney’s arguments in order to disarm the prosecution.

1. Ability to research thoroughly, organize and remember a great deal of information

It is essential that criminal defense attorneys have excellent research skills since they have to be able to back up their courtroom statements with statutes and previous legal decisions. They have to have the agility to remember not only where to look for necessary data, but what they have learned previously and what they have recently discovered. Even more demanding, they have to be able to do all this under the pressure of court schedules. 

1. Effective oral and written communication skills

Criminal defense attorneys have to be able to draft and review court documents, legal briefs, and appeals. They also have to be fluent in legalese and common language, and able to translate between the two seamlessly since they have to communicate with other attorneys, judges, and the laypersons of the jury. 

1. Public speaking skills/ ability to connect emotionally and persuasively with others

A criminal defense attorney has to be able to “read” her or his audience — much the way an actor, teacher, politician or religious leader does. Because the attorney’s job is to keep the crowd in her or his grasp, and because the jury is randomly chosen, this is no small feat. The defense lawyer has to learn how to find commonality among the group — a thread that will help them unite to believe in the defendant’s innocence. She or he must maintain propriety while becoming emotional enough to move juries, and sometimes judges, to tears. 

1. Ability to think on one’s feet and restructure arguments as necessary

Though trials take place in an atmosphere of formality, new evidence may suddenly be presented and those under oath may make unexpected statements. Witnesses, plaintiffs, and even the lawyer’s own client, may accidentally or intentionally force the criminal defense attorney to make tactical changes midstream.

1. Ability to pace oneself

In addition to all this, a criminal defense attorney, like any public speaker, has to be sensitive to when she or he is providing enough detail to be convincing, but not so much as to bore the audience. The worst thing that can happen to a lawyer is to have his audience glaze over with disinterest. It is impossible to convince someone who is not listening to what you are saying.

1. Ability to behave appropriately, ethically, professionally, both in and out of court

While dress and language have changed drastically over the last few decades, criminal defense attorneys and other courtroom personnel are expected to adhere to a code more dignified than even that of the typical boardroom. Lawyers have to walk a fine line to make sure they remain worthy of respect and still relatable. They also have to monitor their own behavior outside of the courtroom since any ethical breach will be enough to dismantle their practice completely.

1. Flexibility

Criminal defense attorneys have to be flexible since one of their tasks will be plea bargaining  to lesser offenses for some of their clients. As much as trials are adversarial, negotiations are an important part of the judicial process.

1. Strategic Problem Solving

Defending someone accused of committing a crime is a problem waiting to be solved.  Criminal defense attorneys are captivated by the task of bringing this new problem to a successful resolution by applying a previously successful strategy or mapping out a new one. Because no two cases are identical, even familiar strategies have to be altered to the particular circumstances. Gifted criminal defense attorneys enjoy the challenges inherent in this process.

1. Being a Careful Listener

Most important, a criminal defense attorney wants to help the clients she or he serves. This help can only be provided by listening carefully and understanding fully what the accused’s situation is. It is only by forming a trusting relationship with the client that a criminal defense attorney can truly do his or her best work.

 

In the meantime, there are many individuals who not only want to protect their property but also want to catch up on mortgage and car payments. In such cases, their best alternative is bankruptcy under Chapter 13. But there are just as many people who just want to clear all their obligations in one go, in which case bankruptcy under Chapter 7 is the ideal solution.

Bankruptcy is an individual’s failure to repay his or her debts in full on time according to the repayment plan. Under federal law, all persons are entitled to declare bankruptcy and seek an immediate stop on creditors’ repayment. It will help prevent immediate eviction, remove legal debts, and restore to both your home and company any termination of utility services. Debt restructuring or bankruptcy under Chapter 13 provides debtors with a payment schedule that can be used to settle loans and start a new beginning.

Chapter 13 Bankruptcy in Detail:

Also referred to as the wage earners plan, Chapter 13 bankruptcy requires the debtor, depending on their revenue, to payout full or partial debts for three to five years. Unless a prior motion for bankruptcy has been dismissed by the court within 180 days (because creditors exercised their liens or debtors have not been brought before the court) a corporate or self-employed person can apply to Chapter 13. A form to provide a list, amount and nature of creditors, debtor income source, frequency, debtor property list, and the monthly expenses for the debtor should be completed.

Advantages of Chapter 13 Bankruptcy:

1. A stay against creditors automatically. When you file, the court will immediately grant a stay in favor of all debt collection activities. It doesn’t cancel your debt, but it suspends the collection process until you complete your bankruptcy or lift the stay. It simply means you don’t have any:

• Calls or letters from debt collectors
• Lawsuits on the debts
• Wage garnishments
• Home mortgage foreclosures
• Property repossession

After the court grants your automatic stay, and still if any creditor tries to collect a debt from you, your attorney has the right to bring a disregard for court action which is made against them.  This ensures that the court will stop, finish, and/or cause them to punish with a fine with all the damages made by them to you.

However, this does NOT have the power to stop the mentioned:

• Criminal proceedings
• Government tax audits
• The establishing, modifying or collecting child support or alimony
• Establishment of paternity
• Co-debtors or co-signers

1. Dischargeable Debts: One can discharge or cancel his/her debt repayment obligation. A debt that can be forgiven can be withdrawn by bankruptcy. Usually, this includes credit card debt, personal loans, and medical and utility bills.
2. Credit score: Although you are worried about a credit ranking delay, many of them are still on record for bankruptcy for 7-10 years; many debtors have been raising their credit rates after bankruptcy is filed. Once the dischargeable debts are canceled, anyone can start with a clean slate and restore their credit.
3. Unlimited amount and number of debts: The sum and the number of the debts that can be released from the payment of a bankruptcy court will be theoretically unlimited, especially if you are not able to pay money on those debts that survive bankruptcy.

Disadvantages of Chapter 13 Bankruptcy:

1. Credit card loss: Credit card failure. Many credit card companies cancel any cards you keep during your file automatically. You are likely to receive several “unsecured” credit card applications after the filing. You can restore your Chapter 13 Bankruptcy Attorney Tucson when in trouble. However, annual fees and high-interest rates are typically mandatory.
2. A mortgage or loan is difficult to receive:  A failure file will make it impossible for several years to obtain an additional loan or mortgage.
3. Loss of property and real estate:  Often not all personal property or business is entitled to an exemption. This ensures that some of your property can be taken and can be sold by them for payment by the bankruptcy court.
4. Tax refunds can be denied: Failure can deny state, local and federal tax refunds.

There may be many more advantages and disadvantages to add to the list and Tucson Chapter 13 Attorneys will definitely help with this.

There are few things more difficult than dealing with the untimely death of a beloved family member. When that death was caused wrongfully due to the negligent, reckless, or careless actions of another, however, the emotional toll imposed is all the greater. While the death of a close relative or spouse can require you to think about a multitude of things in the time soon after their passing, a lawsuit is very rarely on the top of that list. While nothing can ever fully make up for a tragic loss, a successful legal claim can at least lessen your financial burdens during a time when more worries are the last thing you need.

What is an Ohio Wrongful Death Claim?

Under Ohio Revised Code § 2125.01, one can bring a claim for wrongful death where a death was caused by “a wrongful act, neglect, or default which would have entitled the party injured to maintain an action to recover damages if death had not ensued.” Put more plainly, if your loved one would have had a legal claim against another party for personal injuries if that person’s act had not resulted in a death, then you, as the deceased’s kin, may bring a claim for wrongful death based on the same occurrence. While there is no “typical” claim for wrongful death, the following represent examples of some of the more common causes:

• Car accidents;
• Motorcycle accidents;
• Drunk driving wrecks;
• Truck/18-Wheeler accidents;
• Bicycle accidents;
• Pedestrian crossing accidents;
• Workplace death.

Who Can File a Wrongful Death Lawsuit in Ohio?

Only what the law calls “personal representatives” of the estate of the deceased are permitted to bring a claim for wrongful death. While this is so, however, that representative’s claim may seek to obtain damages for the estate itself or for members of the deceased’s family. Those family members who may be able to receive compensation from a wrongful death claim include any surviving child of the deceased, the deceased’s surviving spouse, and the deceased’s surviving parents.

What is Recoverable in a Wrongful Death Claim in Ohio?

Amounts recovered from wrongful death claims significantly vary depending on the circumstances of each case. However, recovery for a successful claim of wrongful death will primarily allow the plaintiff to recover compensatory damages; economic and non-economic alike. Compensatory damages seek to compensate an individual for their loss, with economic damages contemplating actual financial losses and non-economic damages contemplating those intangible losses, such as pain and suffering and others.

Economic damages can help the recipient cover funeral expenses, medical bills incurred prior to the death of the deceased, lost expected income, loss of services, and any loss of prospective inheritance. Non-economic damages, on the other hand, include fewer tangible benefits a loved one confers; including mental anguish and loss of companionship.

Just as important as what you will recover is the issue of how you will be able to recover. One of the unique aspects of wrongful death litigation is the procedures parties must follow to attain recovery. While the underlying wrongful death case is not litigated in probate court, any settlement, allocation, and distribution must be approved by the probate court. For example, any attempt at settlement or any plan to apportion the proceeds requires a separate hearing and approval by the court. These processes are complicated and require an experienced attorney to be successfully navigated. Make sure you choose a lawyer who will provide you with the best chance at recovering for your loss.

To discuss your family’s potential wrongful death claim, call the law firm of Brian G. Miller Co., L.P.A. at 614-221-4035 to speak with a trusted, respected, and experienced Columbus wrongful death attorney.

When there is an accident involving a truck, there’s no doubt that it’s an unfair ‘contest’. Even semi-trucks have too much power and size on their side that dwarfs most cars and vans.

It’s no surprise, therefore, that truck accidents in Miami and other areas of the US are highly serious and can have life-changing consequences for those unlucky enough to be involved. In 2017 alone, more than 4,000 fatalities were caused by collisions involving trucks and nearly 100,000 injuries.

Three-quarters of the people injured or killed were not the truck drivers themselves but other motorists and their passengers as well as pedestrians.

How can we reduce truck accidents in Miami?

The National Transportation Safety Board looks at ways to make trucking companies more responsible when their workers are out on the road. This includes:

• Preventing truck drivers using cellphones while driving.
• Banning companies that have poorly maintained trucks or use drivers that are not qualified.
• Chasing up certificates to make sure that they are valid.
• Pushing for stronger body frames for other vehicles.
• Improving safety with new technology such as collision warning systems and onboard recording software.
• Providing medical programs for truck drivers.

What causes truck accidents?

If you have been involved in a collision with a truck, it’s essential to reach out to an experienced Miami truck accident lawyer who can provide the support you need. These types of accidents occur for a variety of reasons.

A truck driver may be tired because they have been on the road for too long. Drivers are supposed to take regular breaks but this is not always the case when tight deadlines have to be met.

The truck itself might be overloaded and difficult to control in an emergency. The driver might be under the influence of drugs or alcohol. The truck could be poorly maintained, for instance, with the brakes not working properly.

Whatever the reason for the truck accident, the consequences can be devastating for those involved.

Find a Miami truck accident lawyer

If you are in a truck accident, there will likely be major damage caused because of the disparity in size and weight. It’s not just the damage to your vehicle but the potential for life-changing and life-threatening injuries to you and any passengers you may have in your pickup, car or van.

The type of injuries associated with truck accidents ranges from the relatively mild whiplash neck trauma to catastrophic harm that threatens life and limb. Recovery is going to be your first focus, especially after a serious accident.

Reaching out to a specialist Miami truck accident lawyer as soon as possible, however, is essential. They will not only be able to help you gather the evidence you need but support you in getting medical care and the compensation you require to overcome your injuries and return to a normal life.

Accidents like this can lead to major disabilities. If you’ve suffered a spinal injury, for example, you will need ongoing medical support and may well have to make changes to the way you live. You might not be able to do the job you used to and earn the money you were on before the accident. All this has a financial impact and it’s important to get the level of compensation that matches the challenges you will need to face in the future.

A Miami truck accident lawyer knows the legal aspects of these types of claims inside and out and will provide an essential layer of support as you move forward.

Whether you’re looking for a lawyer to handle your personal injury claim, or are seeking professional guidance on how to settle your personal injury case. You don’t want just any lawyer but an experienced Florida personal injury lawyer.

So How Do You Find an Experienced Personal Injury Lawyer?

The practice of law is highly specialized, and not all lawyers are well conversant with personal injury law. Your first task is finding a lawyer who is experienced in representing claimants or plaintiffs. There are several ways of finding an experienced personal injury lawyer. The most common is getting the names of several lawyers and meeting with each of them to discuss your claim before hiring any of them. But how else can you find a good personal injury lawyer?

1. Friends and Acquaintances

Accidents are quite common and there’s a likelihood that someone in your network has used the services of a personal injury attorney. Asking around will get you recommendations from people you trust and have worked with the lawyer firsthand and can guarantee their outcome.

However, you shouldn’t make a decision about a lawyer solely based on someone’s recommendation. People respond differently to a lawyer’s style and personality. Don’t make a decision about hiring a personal injury lawyer until you’ve met with them, discussed your case and are comfortable entering into a working relationship with them.

2. Lawyer You Already Know

You may know a lawyer personally or because they’ve represented you in some legal matter. So, if you’re looking for a lawyer to handle your personal injury claim, you may want to hire a person you already know.

However, they may have little or no experience in handling personal injury cases and immediately refer you to a personal injury attorney. It’s common for lawyers to refer cases to each other. But just like with referrals from friends you need to schedule an appointment with them to determine if you’re comfortable with them working on your case.

3. Lawyer Directories

You can search for lawyers on professional directories. Lawyers.com and other similar sites feature extensive attorney profiles, including each attorney’s education, experience and fee structure. They also include client reviews and peer ratings.

How Do You Choose The Right Lawyer?

To find out if a lawyer will represent you effectively, you need to sit down with them and discuss your claim and the possible ways of handling it. Bring all documents that pertain to your claim; medical bills, police report, income loss information, your demand letter and all other correspondence with the insurance company.

Most lawyers don’t charge for the initial consultation. After this first meeting you need to find out if they have a good reputation, how much experience they have, how they communicate with clients among other aspects.

Working with the right personal injury lawyer, is not only necessary but will also help you get the compensation that you deserve. You need an attorney who will give your case the focus and attention it deserves to achieve the best possible outcome.

Failing to show up for a divorce court appearance, like failing to show up for any legal proceeding, may have serious consequences. If you truly have a personal emergency, the court may be forgiving of a first offense. On the other hand, if you fail to appear in court when you are scheduled to do so on more than one occasion, especially if you don’t notify the court in advance, you are likely to be treated sternly. If you are teamed up with a well-regarded attorney, she or he will probably be able to postpone your date and protect you if your absence truly could not be avoided, but don’t push your luck!

Actions and In actions Have Consequences

Judges do not like to be disrespected. Also, don’t forget that the failure to appear for a scheduled court appointment is technically a crime. It indicates to the judge, without evidence to the contrary, that you are treating the court and the judicial system frivolously, a mistake unlikely to be ignored.

Apart from personal penalties, such as being held in contempt of court,  having a bench warrant issued for your arrest, and even being sent to jail, the judge may be inclined to rule against you in various aspects of your divorce case (e.g. child custody or child support arrangements) if she or he believes you to be unreliable. Disobeying the court’s request (command) that you appear paints you as irresponsible and uncaring which can only hurt you in your divorce proceedings.

Contempt of court may result in fines and even jail time, but it is more likely to result in your getting the wrong end of the stick when it comes to court decisions on your child support or visitation arrangements. Your spouse and his/her attorney may use your failure to appear to persuade the judge that such behavior is further evidence of your noncompliance with the rules.

The Judge Has Options

In most cases, the judge will not “throw the book” at you for one indiscretion, particularly if you and your lawyer are able to provide a reasonable explanation for your absence. Also, depending on which state you are in, one or both spouses may be allowed to skip the hearing that will finalize the divorce.

If your divorce is contested, however, and your appearance is required, if you don’t show up the judge may pursue one of the following:

• Rule in favor of your spouse who was present
• Reschedule the hearing
• Dismiss the case or motion

The outcome of your failure to appear will almost always be based on whether you have missed a previous appearance and/or whether you have justification for missing this one.

Why You May Be Tempted To Miss a Court Appearance

Some people are frightened to make a court appearance and try to avoid the discomfort of the experience by simply staying home. Perhaps you are one of these people. It pays to remember, however, that the following rationales for skipping a court appearance don’t hold water and will only hurt you, and perhaps your children, in the long run:

• I’m afraid of speaking in public
• My spouse makes a better appearance that I do
• My spouse is more educated and well-spoken than I am
• I have done things I’m ashamed of and don’t want spoken about publicly (e.g. committed adultery, abused alcohol or drugs, struck my wife or child, spent time in jail)
• I am overly emotional and may say things I will regret in the courtroom

If you have the right attorney representing you, your lawyer will be able to reassure you and assist you in maintaining your composure in the courtroom. He or she will also be able to remind you that everyone has behaved in ways they are not proud of, and that owning up to past wrongs is likely to make you seem more, not less, responsible and mature. 

How Having a Knowledgeable, Well-Spoken Divorce Attorney Will Help Immensely

In almost everything you do, having a true professional to guide is invaluable. This situation is no exception. An experienced divorce attorney will:

• Know how to explain your absence or your delayed appearance at court
• Make certain that you dress appropriately and know how to respond respectfully
• Be capable of defending your position when negotiating issues in your divorce
• Make sure all paperwork is filed promptly and correctly, giving your team a leg up
• Advise you about when your appearance in court is mandatory and when it is not
• Explain the legal consequences of your actions, attitude and behavior and what effect they may have on the outcome of your case

Make sure that you choose a divorce attorney with whom you have rapport so that you can work well together as a team

Reasons Not To Miss a Court Appearance in a Divorce Case

To sum up, there are several compelling reasons to do everything in your power to show up for all divorce court appearances at which your presence is required, including:

• The judge may decide to proceed without you, listening only to your spouse’s version of the pertinent facts while you are not being present to give a rebuttal
• You may be held in contempt of court, be charged a significant fine, or even have a bench warrant issued for your arrest
• You may lose credibility in the eyes of the court, resulting in decisions against you relative to child custody and/or support, or other significant matters

If you feel strongly that you will be at a disadvantage in a courtroom scene, instead of skipping an appearance, discuss the matter thoroughly with your divorce attorney. She or he may be able to help you arrange alternative methods of divorce with your spouse, such as mediation, arbitration, or collaborative divorce. One of these may make you much more comfortable because all take place in a less public forum and are less confrontational.

The Consumer Product Safety Commission (CPSC) organizes its accident, injury and fatality statistics into the following categories.

·        Amusement rides	·        Other children’s products
·        All-terrain vehicles and recreational off-road vehicles	·        Other furniture and décor
·        Carbon monoxide	·        Other sports
·        Chemicals	·        Pediatric poisonings
·        Electrical	·        Playgrounds
·        Electrocutions	·        Pool and spas
·        Fire	·        Portable generators
·        Fuel, lighters and fireworks	·        Portable generators and engine-driven tools
·        Furniture and décor	·        Public facilities and products
·        Home appliances, maintenance and construction	·        Sports and recreation
·        Kitchen and dining	·        Tipovers
·        Nonpool submersions	·        Toys
·        Nursery products	·        Toys and children’s products
·        Older adults

 

As extensive as that list is, it omits cars, trucks, automotive equipment, and a whole range of other items and devices that people regularly use in their homes and at work.

The categories of consumer products that are monitored for the harms they cause exist, first, to identify dangerous and defective items. That information is then used to either make products safer or to remove them from the market.

Second, the CPSC’s list reflects the bedrock legal principle that companies and individuals who make and sell products have enforceable duties to ensure their products will not injure or kill people. Breaching those duties creates product liability.

How Does Ohio Define Product Liability?

Section 2307.71 of the Ohio Revised Code (O.R.C.) states that manufacturers or suppliers face product liability when one of the items they make or sell causes a death or injury because the item

• Was poorly designed, formulated, constructed, assembled, repaired, or tested;
• Was deceptively or fraudulently marketed;
• Lacked sufficient warnings;
• Lacked adequate instructions for safe use; or
• Failed “to conform to any relevant representation or warranty.”

This section of the O.R.C. also defines a manufacturer as “a person [or company] engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product.” Under the law, a supplier is either “a person [or company] that, in the course of a business conducted for the purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce” or “a person [or company] that, in the course of a business conducted for the purpose, installs, repairs, or maintains any aspect of a product.”

Grounds for filing a product liability lawsuit exist when the use of a defective or dangerous product directly causes death, physical injury or emotional distress to a person. The use can be one time for over an extended period. Property damage from a defective or dangerous product can also merit a lawsuit.

How Long Do I Have to File a Product Liability Claim in Ohio?

Generally, section 2305.01 of the O.R.C. sets the statute of limitations for a product liability claim at two years from the date on which a personal injury or wrongful death occurred. The law further specifies that injuries or deaths that happen more than 10 years after a product was purchased will not support claims for compensation.

A major exception to the statute of limitation involves injuries or death due to an exposure or ingestion of medications or hazardous and toxic chemicals, or the implantation or use of a medical device. In those situations, the deadline for filing a product liability lawsuit extends from the date on which a diagnosis of the harm was made.

What Types of Damages Can Be Claimed in a Product Liability Lawsuit?

Ohio’s product liability laws allow victims to demand compensatory and punitive damages. Compensatory damages are monetary settlements or jury awards that cover the costs of the victim’s past and future medical treatments, replace lost wages and future earnings, and compensate the victim for physical and emotional pain and suffering.

Punitive damages are noncriminal fines assessed to penalize a negligent or reckless manufacturer or supplier. These are also called exemplary damages because the financial penalty is meant to serve as an example of what could happen to another person or company that acts in a similarly negligent or reckless way. Only a jury can award punitive damages, but a product liability claim can be settled without going to trial.

On a final note, when a dangerous or defective product kills a user, Ohio law permits the victim’s spouse, adult child, next of kin, relative, or legal executor to file a wrongful death claim on the deceased victim’s behalf.

What is Worker’s Compensation: How Long Does It Last?

Worker’s compensation is the coverage provided by employers to give to employees that are injured or sick due to their job or workplace. Worker’s compensation provides benefits such as medical treatment and wage replacement, and it covers medical expenses, ongoing care costs, and even funeral expenses if the injury results in an untimely death.

According to the Bureau of Labor Statistics, in 2004 there were over 4.2 million job-related injuries and illnesses and over 5,700 on the job fatalities. The most common causes of work-related fatalities include:

• Highway incidents
• Falls
• Falling or moving objects
• Overexertion
• Accidents caused by machinery
• Repetitive strain incidents i.e. carpal tunnel, bursitis

Common causes of non-fatal work-related injuries from the list above include falls and overexertion in lifting and moving objects. These kinds of injuries are just a few examples of what worker’s compensation can cover.

Worker’s compensation can vary for each individual or worker, so that’s why it’s important to read on how it works. Here are the questions frequently asked regarding worker’s compensation.

How Long Do Benefits Last? Medical Benefits?

Medical benefits provided by worker’s compensation vary from state to state. For example, in the state of Texas, worker’s compensation lasts the entire lifetime for those that file the claim. Others states limit the range to three to seven years for temporary disabilities. In addition, most states will allow the employee to be reimbursed for all transportation costs that relate to medical appointments.

If the insurer believes the medical benefits should be suspended, or if treatment is no longer necessary, the insurer may refuse to offer to pay for treatment. That’s when the injured worker will need to file a claim with the state workers’ compensation agency to try to get the treatment paid for.

The workers that return to work after being injured on the job still receive medical benefits if the treatment is deemed necessary to continue. If workers would like to return to their job but are still injured, employers offer return-to-work programs that will make changes to your regular job or placing you in a temporary or alternate work assignment that fits your abilities.  

How Long Does Temporary Disability Last?

Temporary disability has two kinds of benefits: Temporary Partial Disability (TPD), or Temporary Total Disability (TTD). TPD is known as wage-loss. Temporary disability is the state of injury disability that isn’t permanent.  Under TTD and TPD, the injured worker can get benefits to replace lost wages until your doctor says it’s okay to work again.

Just like medical benefits, temporary benefits vary from state to state as well (Texas doesn’t categorize TTD). As mentioned earlier, temporary benefits range from three to seven years depending on the state. Payments for TTD or TPD usually end until you:

1. Return to work
2. Doctor approves you returning to work
3. You have reached “maximum improvement,” a state that means you’re no longer expected to improve
4. Have received more than 104 compensable weeks of payments within a period of two years. In some states it can extend to 500 weeks.
5. You or the insurance company disputes the treating doctor’s evaluation

If temporary disabilities continue, injured workers can qualify for permanent disability.

How Long Does Permanent Disability Last?

Permanent disability typically exceeds temporary disability. This kind of disability can last a lifetime, and there’s not usually a limit to these kinds of benefits. There are two kinds: Permanent Partial Disability (PPD) and Permanent Total Disability (PTD).

With PPD, you can do limited work and still receive some worker’s compensation benefits based on the body part injured and anatomical loss found by your doctor.With PTD, you receive benefits indefinitely, or if your state declares otherwise. Usually you can never work again with PTD. Unfortunately, some states half benefits at a particular age and some may not offer PPD at all.

Generally speaking, permanent disability is considered when a temporary disability reaches its plateau in recovery. Depending on state rules, the insurance company may request an IME, or independent medical examination, in order to transfer your disability from temporary to permanent.

You don’t necessarily have to prove that you can’t work at all in order to receive total permanent disability benefits. For instance, you may be considered totally and permanently disabled if you have certain kinds of injuries. You may also qualify if you have a combination of permanent impairments that add up to a 100% disability rating.

Permanent partial disability and total disability comes with benefits.

1. Partial disability benefits are limited to 300 weeks and may have a cap of $220 per week. These vary by illness or injury.
2. Total disability benefits are unlimited. These equal to two-thirds of your average weekly wage, subject to the state maximum. These benefits are paid out to workers who cannot return to the workforce. Some states cap at PTD and some may reduce benefits once the employee qualifies for Social Security Disability Insurance.

There are also Social Security disability benefits and these are rarely terminated due to medical improvement. However, SSI recipients can lose their benefits if they have exceeding income or assets.