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What Makes a Personal Injury ‘Catastrophic’ Under the Laws of Ohio?

Section 2315.18 of the Ohio Revised Code (O.R.C.) defines a catastrophic injury as one that inflicts A permanent and substantial physical deformity, The loss of a limb or the loss of use of a limb, The loss of an internal organ or eye, and/or A permanent injury that permanently prevents the injured person from being able to independently care for themselves and perform life-sustaining activities without assistance. Here, “life-sustaining activities” covers a broad range of actions such as holding a full-time job, managing one’s own finances, or living by themselves in a house or apartment. An inability to perform life-sustaining activities could result from a traumatic brain injury, but it could also result from a combination of physical injuries that do not inflict an intellectual disability. Although the state statute does not explicitly use the term “catastrophic,” drawing a clear legal distinction between the listed injuries and other types of injuries a person might suffer in an a...

Questions to Ask an Ohio Wrongful Death Attorney

 The very first and most important thing to know when you first sit down to speak with a Columbus wrongful death attorney is that the lawyer is on your side. At a time when it feels like the entire universe is working against you—and the insurance company for the negligent driver or other party that is responsible for taking the life of your loved one certainly is— the wrongful death lawyer only wants to use their time, resources and expertise in the law to help you. You should also show up prepared to share as much about the fatal accident and its aftereffects as you can. The more a wrongful death attorney knows upfront, the more they will be able to tackle your case aggressively. What You Should Bring When You First Talk to a Wrongful Death Attorney Here, we are talking about your first actual meeting. This is the one that comes after you connect with a lawyer online or by phone. That initial contact will be similar to setting an appointment with a doctor or dentist. You do not ...

When Is Texting and Driving a Primary Offense in Ohio?

 To answer the question in the title directly, no. Texting and driving is not a primary offense in Ohio. This does not mean that drivers are allowed to text and drive with impunity in the Buckeye State. Nor does relegating texting and driving to a secondary offense mean that drivers can avoid being held liable for causing crashes and injuries or deaths while they were distracted by sending or reading text messages. What the Law Says as of 2020 In 2012, Ohio lawmakers made it illegal for drivers to use “a handheld electronic wireless communications device to write, send, or read a text-based communication” while their car or truck was in motion. Exceptions apply, but the law, which is designated as section 4511.204 of the Ohio Revised Code, has been strengthened over the years. One of the most recent updates, however, made it clear that police officers and state troopers cannot stop and ticket a driver just for texting. Any citation for using a handheld device in a moving vehicle mu...

Who Is Responsible When a Bird or Lyme e-Scooter Causes a Crash in Ohio?

 Bird and Lime e-scooters appeared in Columbus literally overnight in 2019. Soon joined by Spin machines and a rotating group of other competitors, e-scooters that riders rent by the half-hour quickly became nearly as common as bicycles on the streets of Ohio’s capital city. E-scooter crashes inevitably followed. Riders fell. Drivers hit riders. Riders slammed into cars. When injuries resulted, victims naturally asked, “Can I file a Bird scooter injury lawsuit in Ohio?” Substitute the appropriate company name for Bird, and the answer will remain “It depends.” Determining who has liability for compensating a person who gets injured in a crash involving an e-scooter requires identifying the reason why the collision occurred. It also helps to know the basics of how e-scooter rentals work and what auto insurance coverage options the e-scooter rider carries. What Happens When a Rider Wrecks on Their Own? A Bird, Lime, or Spin rider who suffers injuries from falling off the scooter, runn...

Medicaid and Personal Injury Settlements Ohio

Yes, Medicaid does affect personal injury settlements. No, this should not discourage anyone who has Medicaid coverage in Ohio from attempting to hold the person or company that caused their injuries accountable through insurance claims or a lawsuit. Medicaid Covers Now and Seeks Reimbursement Later First, know that Ohio Medicaid will cover emergency and follow-up care for injuries suffered in a car crash, truck accident, slip and fall, dog attack, or other accident that would give you grounds for filing a personal injury claim. You do not need to worry about paying all the medical expenses forced upon you by someone else’s negligence or reckless behavior. It is also true that Medicaid will demand reimbursement from any settlement or jury award you receive. The program will only take an amount equal to what it spent in covering your care, though. In most cases, you will hold onto some or all of the compensation you received for lost wages, loss of future earnings, pain and suffering, a...

Who is Liable for Injuries in a Lime Scooter Accident in Ohio?

For the most part, the legal principles that apply to pedestrian and bicycle accidents also apply to crashes involving the e-scooters people rent from micro mobility startups like Bird and Lime. A car or truck driver will be liable for settling injury claims when the driver caused the collision. In cases where the scooter rider is determined to be primarily responsible, the rider will need to rely on their own health insurance policy. Very few people who use Bird or Lime scooter will find it possible to sue the company. More on that later. Who’s Liable When a Driver Hits a Scooter Rider? The answer will depend on how and where the collision occurred. Ohio courts recognize the concept of comparative negligence, which means that the person who is 51 percent responsible for causing a crash has a legal duty to compensate the individuals who suffer injuries from the collision. In real-world terms, a distracted or speeding driver who hits a scooter rider from behind while the rider is opera...

Seeking Maximum Compensation For Columbus Area Car Accident Victims

Ohio Car Crashes – by the Numbers: In a recent year, the Ohio State Patrol logged 25,228 operating a vehicle while impaired (OVI) arrests, 13,338 drug arrests, and troopers issued 115,541 safety belt citations. These statistics give some indication that there are many drivers out there whose mind and attention is not necessarily on safe vehicle operation. Add texting while driving to the mix and it is no wonder car crashes are a daily occurrence. According to a report from the AAA Foundation for Traffic Safety, “one in nine drivers has been seriously injured in a crash and nearly one in five has been involved in a serious crash.” If you have been involved in a car accident, I am the Columbus car accident lawyer who can help you. Get Fair Car Accident Compensation with the Help of Columbus Car Accident Lawyer A car accident can leave a devastating mark on your life. Not only is there the loss of property to deal with, but a car accident can leave lasting physical, emotional and financia...