Practice Areas
Personal Injury & Torts - the body of law that involves civil law
cases seeking to obtain compensation for injuries to your person. The
personal injury attorney seeks to negotiate with the opposing party or
their insurance company. If necessary, the case may proceed to litigation
and/or trial. The main issues in a personal injury case are negligence,
liability and damages. Before you can receive compensation, your
attorney will have to establish that the defendant is liable. To
establish liability, the attorney must prove negligence. A failure to
exercise reasonable care to prevent injury or damage may constitute
negligence. Once liability and negligence have been established, the
judge or the jury may award money to compensate for medical costs, lost
wages and lost future earnings, as well as for pain and suffering.
Premises Liability, Dog Bite, Slip/Trip & Fall cases - cases in which a person is injured by
a dangerous condition found on or in the design of the premises such as
a place of business, a home or a street. This area of law would also
include dog bite cases.
Automobile, Motorcycle and Trucking Accident cases - those in
which a person is injured because another driver drove negligently and
caused an accident. This may involve a negligently designed or
maintained roadway. Sometimes it involves cases in which a driver was
intoxicated and a tavern or bar may be at fault for over-serving that
person.
Wrongful death claims have a lot in common with claims that
involve injuries less serious than death. In Ohio, these claims are
governed exclusively by statute. In general, wrongful death claims are
those in which a person has been killed through the negligence of
another. Two categories of damages are generally available: compensation
for relatives who have suffered loss because of the person's death; and
compensation for the pain and suffering the victim himself or herself
suffered prior to death.
Insurance Bad Faith- cases usually involve the refusal and/or
delay by an insurance company to adequately investigate, evaluate and/or
adjust claims submitted by its insured. This may arise in situations
where the insured is at fault for causing damage or injury to another
and his own liability insurer fails to protect him by timely and
properly adjusting and settling the claims against him. Sometimes this
occurs when the insured submits claims for coverage to their own
insurer for payment and the insurer refuses to timely pay the claim
(for example, medical payments coverage or uninsured/underinsured
motorist coverage), leaving the insured exposed to bill collectors. The
failure to pay disability claims by an insured may also give rise to
this type of case.
Highway Design cases involve claims in which injury has occurred
due to the negligent design or maintenance of a roadway. Typical cases
may involve inadequate signage, defects in the roadway, poor slope or
curve design, dangerous passing lanes, inadequate protection during
phases of road construction, etc.
So-called "DRAM SHOP" or TAVERN/OVER-SERVING cases- are those in
which there has been injury to a person as a result of intoxication.
Frequently this is seen in the context of an auto collision case where
alcohol is involved or sometimes in cases where there has been a fight
or other similar incident resulting from drinking in a bar. A claim
against the establishment may be viable if there is evidence that the
person causing the injury was intoxicated and that he was over-served
by bar's employees (waiter or bartender) despite his intoxication.
Most cases involving personal injury trial lawyers are cases in which
INSURANCE exists to cover the losses occasioned by the injury. Insurance
is a contractual relationship in which a person (or business entity)
pays money (premiums) to an insurance company in exchange for which the
insurance company insures against the risk of losses. Automobile
insurance and homeowner's insurance are only two common examples.
Sometimes, however, insurance matters can lead to disputes as to whether
the type of loss is covered by the subject insurance policy. If the
insurance company concludes there is no coverage, the insured might need
to sue the insurer in order to have the court rule on whether or not the
loss is covered, in what is known as a declaratory judgment action.