Charles Boyk Law Offices, LLC Blog

Childrens helmets a must on bicycles, ATVs, to prevent personal injury

Traumatic brain injury is the leading cause of death and disablement among children, and as many as 3,000 children suffer die from brain injuries, according to the National Safe Kids Campaign. 

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Toledo, Ohio personal injury attorney talks about landlord's rights

Toledo, Ohio personal injury attorney Dale Emch discusses the legal rights of landlords in his Toledo Blade column, “Legal Briefs.” 

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Heparin deaths evoke emotion from Toledo surviving spouses

Two Toledoans testified Tuesday in front of the House Energy and Commerce Subcommittee on Oversight and Investigations in Washington on the government’s need for safer U.S. drug supplies, specifically referring to heparin, a popular blood thinner used during dialysis and open-heart surgery.  

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Toledo, Ohio woman attacked by pit bulls, suffers personal injury

Toledo, Ohio dog bite attorney Dale Emch sees the danger that vicious dogs and dog bites can bring to families, which is why he testified at an Ohio General Assembly Committee regarding laws surrounding vicious dogs. Dog bites can cause serious personal injury, including permanent scarring or emotional problems, especially when it is a child that is bitten. Check out our website’s library to read more on his testimony.

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Children at greater risk for ATV accidents

Many ATV accidents in Toledo and throughout northwest Ohio could be avoided by preventing children under the age of 16 from riding the fun, but dangerous vehicles.

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Food poisoning causes personal injuries near Kent State University

More than 400 students from Kent State University suffered personal injury from food poisoning last week, with the cases linked to the Chipotle restaurant on State Route 59 in Kent, Ohio, according to the Portage Health Department. Those who ate at the restaurant between Tuesday, April 15th and Friday April 18th were the most likely to have been affected. 

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Sylvania passes on tougher pit bull ordinance

Some of the most devastating personal injuries our Toledo, Ohio personal injury attorneys handle are those that involve dog bites. Dog bite victims can be left with severe lacerations, bruising, permanent scarring, or even emotional suffering. Pit bulls are often to blame for these vicious dog bites.

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Tip #3 - How to maximize personal injury recovery

If you suffer personal injury from a car accident, trucking accident, medical malpractice, dog bite, workers’ compensation claim, or other accident, our Toledo, Ohio personal injury attorneys encourage you to learn tips that can help maximize your personal injury recovery. We have compiled 10 of these tips, because our office believes that knowledge is power. Here is tip #3:  3. Don’t underestimate the insurance adjusters who contact you.

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Small-Claims Court discussed by Toledo, Ohio personal injury attorney Dale Emch

Check out Toledo, Ohio personal injury attorney Dale Emch’s most recent “Legal Briefs” column in the Blade. In addition to personal injury, Attorney Emch handles workers’ compensation, medical malpractice, dog bites, truck accidents and ATV accidents.  Dear Dale: Over the winter, I rented a condominium for my family in Key Largo, Fla., through an agent based in Pennsylvania. The agent informed me that I'd have to put up a $300 refundable deposit, which I did. The condominium was fine and we had a good trip. However, when I contacted the agent to get my deposit back, he said he would mail it to me, but he never did. I've left messages on his phone and sent e-mails, but he's ignoring me now. What are my options?

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Toledo, Ohio workers' compensation attorneys talk about the work injury process

Injuries occurring at work should not be taken lightly. Our Toledo, Ohio workers’ compensation attorneys understand that workers’ compensation claims are much different than the negligence cases that result from situations like car accidents or dog bites. In a negligence case, you can be compensated for your medical bills, damage to your property, and your pain and suffering. In some cases, you can even seek additional money to punish someone for their bad behavior, such as when you’re struck by a drunk driver. If a lawsuit needs to be filed, it’s done through the court system and the case is heard by a judge.The worker’s compensation system was set up to eliminate many of the claims that could be brought through a negligence case. The Ohio General Assembly designed a system that helps employers minimize the costs they might have to bear through employee personal injuries. The theory is that if employers had to pay for things like pain and suffering, or punitive damages, it would be too expensive to do business. Having to defend the cases in court would cost even more money. Whether or not you believe that’s fair to employees who are hurt on the job, that’s the system we have. Instead of having cases heard by a judge or jury, work comp claims are handled through an administrative hearing officer.The state requires employers to be self-insured or to pay into a fund that is used to compensate injured workers for things like the wages they lost due to the injury and for their medical bills. It’s a no-fault system, which means that it doesn’t matter whether you were injured because of your own actions or as the result of a co-worker or supervisor’s actions. If you were injured on the job, you’re generally allowed to file a claim and get some type of compensation.In some situations, if an employer’s actions were so outrageous because they ordered an employee to undertake a very dangerous task without the proper safety conditions or if they failed to correct a known safety hazard, the case can be taken out of the worker’s compensation system. The legislature, though, has made filing these types of lawsuits extremely difficult so not many people would qualify.

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Toledo, Ohio personal injury attorney Dale Emch discusses honesty and testimony

Toledo, Ohio personal injury attorney Dale Emch discusses Detroit Mayor Kwame Kilpatrick’s testimony surrounding the recent scandal involving text messaging and his former chief of staff, in his Toledo Blade column, "Legal Briefs." Although Attorney Emch focuses on personal injury, including car accidents and workers’ compensation, Attorney Emch also handles criminal defense.  The scandal swirling around embattled Detroit Mayor Kwame Kilpatrick and the web of lies he appears to have spun has prompted a lot of curiosity about the perjury charges he faces.

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Be cautious when turning on yellow light to avoid car accidents, personal injury

Turning in an intersection at a yellow light can be dangerous, and has the potential to cause car accidents and personal injury. Our Toledo, Ohio personal injury attorney Dale Emch discusses turning on yellow lights in his “Legal Briefs” column published in the Toledo Blade. Read on to learn the liability surrounding these types of car accidents. Dear Dale: If a driver turns left on a yellow light, then an oncoming car strikes him at an intersection, who is at fault? Note that in this case, the turn was made before the light changed to red. This is a true experience that happened to someone I know, but the person still got cited for turning on a caution light. ANSWER: Just who would be at fault in a situation like this is the type of issue we deal with in our personal injury law office regularly. And, if the attorneys involved in these types of cases can't agree who is at fault, it's a question they have to put before jurors to decide. It's impossible for me to give you a definitive answer on whether the turning driver - let's call him Driver A - was at fault here, but I can tell you I'd rather be handling the case for Driver B. It might be helpful to look at the instructions that jurors would receive from a judge in this situation. According to the standard jury instruction dealing with left-hand turns, a driver making such a turn is supposed to yield the right of way to an oncoming driver who is within the intersection or so close to the intersection as to create an immediate hazard. Failure to yield the right of way is negligence, according to the jury instruction. Another instruction the jury likely would be given states that a driver facing a steady yellow signal is warned that the light is about to change to red. In the situation you've described it seems to me that Driver A should have yielded to Driver B if both of them entered the intersection on a yellow light. If I were representing Driver B, I'd argue that the rule is a driver making a left-hand turn must yield to oncoming traffic. I'd tell the jury that according to the instructions given by the judge, Driver A was negligent. But often there's a bit of a twist in cases like these. Driver A will be waiting to make a left-hand turn on a yellow light and the light will turn red before Driver B enters the intersection. Once the light turned red, Driver B should have stopped and Driver A would have the right of way to clear the intersection. Your question seemed to indicate that both drivers entered the intersection on a yellow light. So, it looks like Driver A should have yielded to Driver B rather than assuming B was going to stop on the yellow. Even if Driver A were found to be negligent, he would still have some cards to play at trial. His attorney likely would raise the issue of comparative negligence, which means that the jury would be asked to determine whether each driver shared some fault. Specifically, the jury would be asked to determine if the other driver's conduct also was negligent and, if so, apportion the negligence between the two drivers. For example, the jury might find that Driver B didn't act as a reasonably prudent driver in this situation by entering the intersection on a yellow when Driver A was indicating he was about to turn. Let's say the jury thought Driver A was 75 percent responsible for the accident by making the left turn and Driver B was 25 percent responsible by not stopping at the yellow light. In that case, any award to Driver B would be reduced by 25 percent. But, in comparative negligence situations, if the person bringing the lawsuit is found to be more at fault than the defendant, the plaintiff collects nothing. So, in our example, if the jury found that Driver B was more than 51 percent negligent for not stopping at the yellow light and letting Driver A make his left turn, Driver B would collect nothing on his claim. If there's a practical lesson here, I guess it's that none of us should assume that it's safe to make a left turn on a yellow light until you see that the oncoming traffic has stopped.

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Tip #2 to maximize personal injury recovery

Continuing on with 10 Tips to Maximize Recovery from The Ohio Accident Book, here is tip number two. Our Toledo, Ohio personal injury attorneys encourage anyone who has suffered personal injury, such as from a car accident, to follow these tips in order to receive fair compensation.  2. Don’t rush to settle your claim quickly.

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Prevent motorcycle accident personal injury by always wearing a helmet

As the weather warms up and snow disappears from the pavement, more and more motorcycles are dusted off brought out on the roads. When preparing a bike for its first ride of the year, riders should also prepare to wear a helmet in order to prevent personal injury from a motorcycle accident.The chance for a motorcycle accident increases as drivers get used to sharing the road with motorcyclists when bike season starts, which is why it is so important to protect yourself.According to the National Highway Traffic Safety Administration, helmets reduce the risk of death by 29% and are 67% effective in preventing brain injuries to motorcycle riders.All Ohio motorcycle riders and passengers under the age of 18 must wear a helmet at all times. Ohio law also requires all riders, regardless of age, to wear some sort of protective eyewear while riding a motorcycle.Even the safest motorcyclists have no control over other drivers on the road, and must prepare to ride defensively and obey all posted traffic signs, in order to prevent personal injury from a motorcycle accident. Our Toledo, Ohio motorcycle accident attorneys urge cyclists to use proper turn signals, mind the speed limit, and always stay visible to other vehicles around you. Wear a helmet while riding, regardless if the law requires you to. As with all types of motor vehicles, never drink and drive.

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$5.2 settlement awarded after car accident involving cell phone use

A $5.2 million verdict was recently reached in Fulton County, GA, in a personal injury case involving a car accident caused by cell phone use behind the wheel. The case was set for trial on March 17, 2008, but settled out of court.According to the complaint filed in 2006, an employee of International Paper Co. rear-ended Debra Ford, while talking on her cell phone. Her cruise control had been set at 77 mph in a 70 mph speed limit zone. The impact of the car accident caused Ms. Ford’s car to overturn, which pinned her arm between the vehicle and the pavement. The plaintiff’s arm had to be amputated just below the shoulder. Georgia's cell phone statue states that drivers are not to do anything distracting while behind the wheel. Currently in Ohio, it is not against the law to talk on your cell phone while driving. However, our Toledo, Ohio personal injury attorneys encourage drivers to be safe on the roads and pull over to use their phones. Prevent the distraction that talking on a cell phone can cause, in order to prevent personal injury from a car accident.

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Pain caused by car accidents can last longer than a year for some

A recent study published in the Archives of Surgery found that pain experienced by those involved in a personal injury accident, such as a car accident, lasts more than a year for roughly 60 percent of those injured, according to Reuters.Of those suffering personal injury from a car accident or other type of traumatic experience, majority of the pain lasting over a year was found in the joints and limbs. Other spots of pain included the back, head and neck. Our Toledo, Ohio personal injury attorneys urge those suffering personal injury resulting from a  car accident to seek treatment immediately. Follow all doctors' orders and do not stop treatment before you are completely healed. Be open with all physicians, physical therapists and other health care providers to ensure that the pain and suffering from a personal injury accident can be eased effectively and permanently.

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Maximize your recovery from personal injury

If you’ve suffered personal injury in an accident, the initial steps you take can make a big difference to the outcome of your case. Our Toledo, Ohio personal injury attorneys have compiled ten tips to help you avoid insurance company traps and receive fair compensation for your personal injury. Here is the first one:1. Seek treatment immediately.The best thing you can do for both your physical and financial health is to get the proper medical treatment for your personal injuries. This isn’t a time to tough it out and hope that you’ll miraculously heal. Returning to health should be your top priority. You need to go to your family physician or to the emergency room to make sure that you get the treatment you’ll need to recover from the personal injury you suffered in the accident.Once you go to the doctor, follow his or her orders so you can make the best recovery possible. If your doctor tells you to go to a physical therapist, do it. If you visit a chiropractor, complete the recommended treatment plan. This makes sense not only for your physical health, but for your financial health as well. An insurance adjuster is going to base any settlement offer to you on the medical care you’ve received because it provides a way to measure your injuries and resulting pain. Getting treatment demonstrates to the insurance company that you’re not faking your injury and that you’re taking the process seriously. Compensation for the pain and suffering you’ve endured as a result of your accident will be based to some degree on the amount of your medical bills.Once you’ve started treatment, see it through to the end. Don’t stop the second you start to feel better if your doctor has recommended that you complete a certain amount of rehabilitation. If you stop early, you may not be fully healed. Resuming treatment months after you’ve stopped sends a message to the insurance company that you may not have been hurt in the first place or that you’re trying to take advantage of the process.

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Truck accident near Toledo, Ohio causes personal injury

At least one person suffered personal injury last Thursday when a truck accident occurred near Maumee Bay State Park, according to the Toledo Blade. The truck accident happened at State Rt. 2 and N. Curtice Road, and the intersection was closed shortly after when the semi-truck spilled oil onto the road.  Our Toledo, Ohio truck accident attorneys urge drivers to be careful on the roads, in order to prevent truck accidents. Semi trucks are different than other motor vehicles, and it is important to remember that it takes them more time to stop than lighter cars. Always wear your seatbelt, obey all posted traffic signs and speed limits, and never cut in front of a semi- truck before an upcoming stop. It takes a semi-truck three times as long to stop than a normal passenger vehicle, according to roadsafeamerica.org. Remember never to pass a semi truck that is attempting to turn, in order to prevent a truck accident and potential personal injury, as semis make wider turns that shorter cars. Stay out of a truck driver's blind spot - if you can't see a truck's mirrors, the truck driver can't see you!

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Prevent personal injury from baby products

According to the Wall Street Journal, personal injury resulting from nursery products were up 11% in 2006, accounting for 66,400 personal injuries. While not all of the personal injuries could be blamed on faulty products, many of the injuries resulting from nursery products may have been preventable.

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Attorneys add web video on personal injury, workers' compensation

Toledo, Ohio personal injury attorneys Chuck Boyk, Mike Bruno, and Dale Emch have posted videos to give practical advice to people who may be searching for answers on the web. Because our office believes knowledge is power, the attorneys have ventured deeper into cyberspace by posting the video clips on our firm’s website to provide information about a variety of personal injury topics, including car accidents, workers’ compensation, and dog bites. In addition to being viewable on our website, the clips can also be seen on the video websites YouTube, Google video, and Yahoo video.

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Toledo, Ohio personal injury attorney Dale Emch describes bail bonds

Toledo, Ohio personal injury attorney Dale Emch describes the bail bond process in his most recent “Legal Briefs” column in the Toledo Blade. While this article describes a criminal case, Attorney Emch also handles personal injury, workers' compensation and dog bite injury cases.Dear Dale: A relative of mine is facing criminal charges. The judge has set a bond of $50,000 and said something about "no 10 percent allowed." Does this mean my relative has to pay the entire $50,000 in order to get out of jail before his trial, or does he have other options?ANSWER: Your relative has some options, but exercising them won't be cheap. To understand the situation, it might be helpful for you to have a little background about bail and how it works.Judges set bail in order to give someone a financial incentive to come to trial and the preliminary court proceedings. If the defendant doesn't show up, the person can lose the amount of the bond he or she posted in order to be released from jail.In nearly all circumstances, a judge or magistrate must set bond for someone facing a criminal charge. In rare situations such as when the defendant is facing the death penalty, a judge can order someone to be held without bond. In nearly all cases, defendants have a constitutional right to have a bond set.Judges have a tremendous amount of discretion when it comes to setting bond. Despite that discretion, the amount must be reasonable and not excessive. That's a bit of a fuzzy concept, but factors considered include the seriousness of the charge, whether the defendant is a flight risk, the defendant's record, the defendant's ties to the community, and whether the defendant has failed to appear for court in other circumstances. The wild card beyond those factors is that each judge has his or her own view of what's reasonable and appropriate under the circumstances.People often wonder why defendants are allowed out of jail prior to a trial, especially if the alleged crime is serious. The main reason is that defendants are presumed innocent in our system until proven guilty. Our federal and state constitutions require that courts don't set excessive bonds so defendants can be free until they get their day in court. But, as a practical matter, there simply isn't enough jail space available to hold defendants even if judges were allowed. Keeping people in jail is an expensive proposition. Judges and various government officials wrestle every day with weighing the balance of protecting the community and ensuring people show up for trial with how to pay for it all. That's a tough equation to calculate.So, with that background, let's take a look at your relative's situation. The judge determined that the risk of losing $50,000 would encourage him to come back to court as required. The judge could have allowed your relative to remain free on his own recognizance, which means he wouldn't have to post any bond at all and the judge was trusting him to come back.The judge also could have allowed your relative to post 10 percent of the bond through the court. That means your relative could have paid $5,000 through the clerk's office and would have received the vast majority of the $5,000 back at the conclusion of the case had he come to court when required.That didn't happen in the situation you've described. The judge in your relative's case specifically ruled that 10 percent could not be posted through the court. That means that your relative would have to put up all $50,000 with the clerk's office to get out of jail while the case is pending.Most people can't come up with that kind of money, which is where a bail bondsman enters the picture. A bail bondsman typically charges 10 percent of the bond set by the court. The defendant never gets that 10 percent back because that's how the bondsman makes his living. That's the difference between being allowed to post 10 percent through the court or having to go through a bondsman. The bondsman keeps the 10 percent you pay, while the court returns most of it.When the judge doesn't allow 10 percent to be posted, he or she either assumes the defendant won't be able to post or puts the bondsman in the position of ensuring to the extent possible that the defendant will continue to appear in court.In your relative's case, he'll have to come up with $5,000 to pay a bondsman, who will then put up the $50,000 bond with the court. Your relative won't get that $5,000 back. It won't be cheap, but it may be worth it if your relative wants to work while the case is pending or if it's just worth it to him to secure his freedom until trial.  

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Texting while driving can cause car accidents, personal injury

Text messaging has become the fastest new way to keep in touch with family and friends. While sending text messages is fun, texting behind the wheel is dangerous and can cause car accidents resulting in personal injury or wrongful death. 

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ATV accident causes personal injury to Fostoria man

A Fostoria man suffered personal injury after an ATV accident Tuesday night, according to the Toledo Blade. The Blade also reported the impact knocked his helmet off. A recent study by the Consumer Product Safety Commission found that the number of ATV accidents have increased in the past three years, with 606 people suffering wrongful death from ATV accidents in the year 2006 alone. Thirty percent of all injuries related to ATV accidents involved children under the age of sixteen.

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Neighbor's tree falls, but he doesn't want to pay

Check out Toledo, Ohio personal injury attorney Dale Emch’s most recent “Legal Briefs” column from the Toledo Blade:

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Drowsy driving can cause car accidents, personal injury

Drowsy driving can be as dangerous as drunk driving. According to the Wall Street Journal, sleeping only four hours a night for five nights in a row can have the same effect on the body as being awake for 24 straight hours, which is the equivalent to legal drunkenness. Put that feeling behind the wheel, and you could be driving towards a potential car accident. Car accidents caused by drowsy driving can be prevented. Our Toledo, Ohio personal injury attorneys encourage drivers to get enough sleep before a long drive, or pull over if you feel yourself becoming drowsy. Drooping eyelids, excessive yawning, drifting in the lane, or nodding off are all important signs to watch out for. The National Safety Council recommends not driving between midnight and 6am, and having a driving partner. Delaying a trip for 30 minutes to pull over and take a nap is a small price to pay if it means preventing a car accident and potential personal injury or wrongful death.

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Attorney-client privilege addressed by Toledo, Ohio personal injury attorney Dale Emch

Toledo, Ohio personal injury attorney Dale Emch addresses the attorney-client privilege and what types of information remain protected under the relationship in his Toledo Blade column, "Legal Briefs." Our Toledo, Ohio personal injury attorneys handle car accidents, medical malpractice, workers' compensation, dog bites, wrongful death, as well as criminal defense and DUI cases.

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Toledo patent attorneys from MacMillan, Sobanski & Todd publish article in Toledo Bar Association newsletter

Toledo, Ohio, patent attorneys Gregg Emch and Gary Sutter have produced a helpful and informative article that addresses issues related to the complicated world of intellectual property law. Mr. Emch and Mr. Sutter practice with the Toledo, Ohio, patent law firm of MacMillan, Sobanski & Todd, LLC, which also has offices in Livonia, Michigan.

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Dale Emch addresses liability of personal injury after waiver is signed

Check out Attorney Dale Emch's "Legal Briefs" column from the Toledo Blade addressing personal injury after a waiver is signed. Our Toledo, Ohio personal injury attorneys handle car accidents, medical malpractice, wrongful death, trucking accidents, motorcycle and ATV accidents, dog bites and criminal defense."Dear Dale: While I was at a local bar recently, I decided to ride their mechanical bull. Before I could ride, somebody from the bar made me sign a form that said I couldn't sue the bar if I got hurt. While I was riding the bull, the guy who was running it sped it up, I guess because I had not fallen off. I got thrown off the bull and my foot got caught in the stirrup, causing me to break my ankle. Even though I signed the form, can I still sue the bar for my injury? Also, does it matter if I was drunk when I signed the form?ANSWER: In Ohio, an owner of a business offering a recreational activity may have a participant in that activity sign a waiver of liability that relieves the owner of a negligent act unless that act constitutes wanton or willful misconduct. Essentially, the owner and the participant to the recreational activity are entering into a contract.The waiver forms generally say something like "the undersigned understands parachuting is an inherently dangerous activity and agrees to release AAA Parachuting Company from any and all liability and negligence resulting in personal injuries or death." The forms use more legal language, but that's the gist.When someone signs a waiver of liability before participating in a recreational activity like parachuting, scuba diving, or even mechanical bull riding, that signature really means something. We've had cases in our personal injury office that we couldn't pursue because a waiver of liability was signed. Though there are exceptions, a release generally bars someone who gets hurt participating in a recreational activity from successfully pursuing a personal injury claim alleging negligence. The lesson is that we should all think twice about the potential consequences of signing our names to any legal document. If you have any doubts, and the issue is significant enough to you, consult an attorney to review the document. Most of us don't believe we're going to get hurt - or we overlook the danger - when our hearts are set on diving, parachuting, or just swimming at a water park, so we sign on the dotted line and hope for the best. I'm not sure that we really contemplate that the owner or employees of the business might do something stupid that could get us hurt or killed. And, if that happens, there's probably little recourse.That said, there are a few things to consider. First of all, an attorney would have to examine the waiver form to see if it's easy to read, is in large enough type, if the meaning is clear, and if the language of the release is specific enough to shelter the owner from a negligence claim. That's not an exhaustive list, but you get the idea. If there are problems, those flaws should be construed against the drafter of the contract.Another factor that keeps liability waivers from being completely bulletproof is whether the owner or an employee committed willful and wanton misconduct. The rough idea is whether someone's behavior created an unreasonable risk that was substantially greater than a routine negligence standard. So, if someone gets hurt because the parachute they've been provided doesn't open because it was packed improperly, that's probably just negligence and you're out of luck if you've signed a waiver. Alternatively, if the parachute instructor knows the weather conditions aren't right for a jump and the chute he provides you with isn't designed to withstand the elements, but he has you jump anyway, I'd contend that's willful and wanton conduct. In the latter case, I'd argue the waiver shouldn't bar a claim.So, viewing your question threw that prism, the elements to consider are whether the liability waiver was flawed in the way it was drafted or whether turning the speed up on the mechanical bull constituted willful and wanton misconduct. If you can't show either of those elements, you may be out of luck unless you can prove the bar employees knew you were drunk when you signed the waiver."

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Ohio dog bite attorney Dale Emch opposes pit bull advocate bill

Toledo, Ohio Dog Bite Attorney Dale Emch recently testified in front of an Ohio House of Representatives committee against a bill that would stop pit bulls from being labeled as vicious dogs. A copy of his dog bite testimony is available online.

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New car seat ratings could prevent personal injury from car accidents

Riding in the car as a child can be an exciting experience - sometimes even more exciting than the destination. Our Toledo, Ohio personal injury attorneys want to remind parents that no matter how excited kids get while in the car, they must always remain seated and buckled up, to prevent personal injury in the event of a car accident. Ohio state law requires that all children weighing less than 40 pounds use a car seat when riding in a motor vehicle, to prevent personal injury in the event of a car accident, according to the National Highway Traffic Safety Administration. The government agency also recommends a booster seat for children over 40 pounds until they are 8 years old or 4 feet 9 inches tall. In an effort to address their statistical findings showing that seven in 10 child safety seats are either the wrong size or misused, the NHTSA has introduced a five-star Ease of Use rating system to judge just how easy it is for parents to install or uninstall a car seat. If a car seat is the wrong size or incorrectly installed, the ability for the seat to protect a child from personal injury in the event of a car accident greatly decreases. NHTSA hopes that the new rating system, to replace the former letter graded system, will help parents choose the seat that is best for their child.The rating system will not affect the fact that all child seats must adhere to federal safety regulations, according to the Wall Street Journal. Our Toledo, Ohio personal injury attorneys urge parents to always take all safety precautions when traveling with children. Make sure your kids are in a properly installed car seat or buckled up. Choose child safety seats wisely, and research their ratings before deciding to allow them to protect your precious cargo. NHTSA estimates that child restraint systems, when used properly, reduce fatal injuries by 71% for infants and 54% for toddlers in passenger cars and by nearly 60% for infants and toddlers in sport-utility vehicles, pickup trucks and vans, according to the Wall Street Journal. Children should never ride in the front seat of a car, as the front airbags have the ability to cause severe personal injury in the event of a car accident.

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Ohio Supreme Court allows jury function to be gutted

In a shocking and disheartening opinion, the Ohio Supreme Court recently allowed a law to stand that caps pain and suffering awards at $250,000.

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Sandusky patient suffers personal injury after nursing home abuse

Nursing home abuse or neglect can occur in many different ways, and since the patient is often not able to communicate verbally if there is a problem and he or she is not in the constant care of family members or loved ones, the nursing home abuse may go unnoticed until the next family visit. According to InjuryBoard.com, examples of nursing home abuse can result in bedsores and ulcers, dehydration or malnutrition, extreme loss of weight, broken bones, buts, bruises or even unexplained wrongful death. Nursing home neglect can also be described as failure to provide proper nutrition, clothing, or personal hygiene. A former nursing home employee was recently arrested after allegations of patient abuse at a local Sandusky elderly care center, bringing attention to a problem that is growing at the same rate as the number of baby boomers aging in America. The questions surrounding the alleged Sandusky nursing home abuse include whether or not the accused was acting under the scope of his employment when the nursing home abuse occurred, if there were any prior complaints, and if so, were they investigated? Was there negligence in his hiring, training, and supervision?Our Toledo, Ohio personal injury attorneys encourage families to choose nursing homes wisely in order to prevent nursing home abuse and neglect from happening to your parents or loved ones. Do extensive research on the homes and ask trusted family and friends for their opinions. Visit prospective nursing homes to find out about their cleanliness, condition and appearance of current patients, as well as their procedures on bathing, feeding, and taking care of the elderly. Check the nursing home's quality ratings with the state. Talk with your doctors, nurses, and other health care professionals for their advice. Make sure that the nursing home you choose for your loved ones choose their employees carefully, including a background check, in order to keep your elderly family members safe in their new home.

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Will blinking stop signs prevent Toledo, Ohio car accidents?

The Ohio Department of Transportation, or ODOT, hopes that new, attention-grabbing signs will prevent car accidents, in turn reducing the number of personal injuries and wrongful deaths. Equipped with blinking LED lights, one such sign was installed at the intersection of Sylvania Ave. and Route 295 in October 2007. Earlier in March, a woman suffered wrongful death after a driver failed to see the previously unlit stop sign and did not stop, causing the fatal car accident. The only car accident at that intersection since installation occurred was when a car stopped then pulled out after not paying attention to cross traffic, according to the Toledo Blade.These newly installed stop signs could prevent Toledo, Ohio car accidents. Seven signs with the bright, LED lights surrounding the perimeter have been put up in the northwest Ohio area, at intersections where stop signs have previously been missed or ignored, according to ODOT. The lighted signs will hopefully give a driver advanced notice that a stop sign is looming in the distance, preparing them to make the stop. ODOT did point out, however, that some drivers treated these LED signs as a four-way stop, not realizing that cross traffic does not halt, resulting in car accidents. Our Toledo, Ohio personal injury attorneys remind drivers to be careful when approaching any kind of stop sign, lit or unlit. Make sure that the intersection is clear before proceeding and let any other drivers know if you are going to attempt to cross by making eye contact or waving, in order to prevent a car accident.

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Car accidents caused by drunk driving, wrong-way drivers raise concern

The severity of drunk driving has recently been brought to greater attention after two wrong-way, Toledo, Ohio drunk driving car accidents occurred in less than two weeks. Not only have these drunk driving car accidents caused personal injury and wrongful death, the accidents could have be prevented.

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Slip and fall accidents can cause serious personal injury

Slip and fall accidents can cause serious personal injury. According to the National Safety Council, an estimated 16,000 Americans die annually due to slip and fall accidents, with almost 11,000 of the deaths happening to those 75 years and older. Slip and fall accidents occur when a business or property owner is negligent by failing to recognize a hazard, resulting in the reason for a fall.

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Proper insurance coverage a must in case of car accident

Not only will auto insurance protect you in the event of a car accident, it is required by law in the State of Ohio that all licensed drivers must carry some form of financial responsibility for their automobiles. The state minimum for auto insurance includes at least $12,500 of insurance coverage for each injured person in the event of a car accident, as well as a minimum of $7,500 in insurance coverage for damaged you may cause to another person’s vehicle or other property, according to the Ohio Department of Insurance. A driver must also carry at least $25,000 in coverage for all persons injured in an accident.

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Fatal car accident takes lives of two Bowling Green State University students

Changing weather patterns of snow and ice during the winter are often the cause of car accidents resulting in personal injury and wrongful death. Slick roads and poor visibility contribute to the failure to control a motor vehicle, many times resulting in a car accident.

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Toledo, Ohio drunk driving car accident injures family of eight, five suffer wrongful death

Our Toledo, Ohio, personal injury attorneys see the devastating effects drunk driving and DUIs have on families and urge drivers not to drink and drive. New Year’s Eve is a popular night for parties and family gatherings, many of which serve alcohol. If you plan on consuming alcohol this New Year’s Eve, please designate a driver. Our attorneys encourage drivers to set aside extra money for a cab and stick the number to a local cab company in their purse or wallet before leaving for the night. If there is any doubt at all that you have had too much to drink, call a ride. Give your car keys to a responsible person when you arrive at the party, or make arrangements to stay overnight at the family gathering. It is better to wake up in a bed at your family’s house than to cause another driver to wake up in the hospital or not at all. Don’t be the cause of wrongful death and personal injuries after drunk driving car accidents.

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Pit bull bites cause personal injury

Recent news reports of dog attacks involving pit bulls have brought media attention to a problem that many believe has been going on for years. 

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Toledo, Ohio personal injury attorney Dale Emch explores treasure trove law

Toledo, Ohio personal injury attorney Dale Emch addresses the issue of lost property and rightful ownership in his most recent “Legal Briefs” article found in Sunday’s issue of The Blade. Our Toledo, Ohio personal injury attorneys also handle cases involving wrongful death, truck accidents, motorcycle accidents  and ATV accidents, workers compensation, social security disability, criminal charges, and DUI cases.

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Social security disability claimants met with long wait

Social security disability claims have been met with huge barriers in the past seven years, resulting in what the New York Times calls a “purgatory” for those suffering personal injury. With only 1,025 judges covering all social security disability appeals hearings, and not enough funding to hire additional employees, the wait for a social security disability hearing has jumped from 258 days in 2000 to 515 in 2007. Attorneys representing those who have filed a social security disability claim, like our Toledo, Ohio social security disability attorneys, help with filing the appeal. While initial social security disability claims are occasionally denied, roughly two-thirds of claimants who appeal the denial eventually win their cases.

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Personal injury, wrongful death frequently caused by motorcycle accidents

The risk of a car accident or motorcycle accident is higher for those riding bikes, since there is no barrier between the rider and the road. Motorcycle accidents also occur when drivers of motor vehicles do not see the motorcycles, especially at intersections, at night, or in blind spots.

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Harsh Toledo, Ohio winter car accidents cause personal injury, wrongful death

   Black ice in the winter months can cause drivers to lose control of vehicles, which many times end up causing car accidents that could result in personal injury, or even wrongful death. Snow and ice this week caused numerous car accidents resulting in personal injury and wrongful death across Northwest Ohio. Our Toledo, Ohio personal injury attorneys see firsthand personal injury from car accidents as a result of poor weather, and drivers who make poor decisions out on the roads.         As the winter months become colder, be careful out on the roads, and give yourself extra time to get to your destination to avoid rushing. Always wear your seat belt make sure all windows are free from snow and winter debris before going anywhere.

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Toledo, Ohio personal injury attorneys find power of attorney documents helpful in car accident cases

It is possible to have a power of attorney outside of the attorney-client relationship, and questions surrounding documents of this type are addressed in Attorney Dale Emch's December 9, 2007 Toledo Blade column, "Legal Briefs." In the event of personal injury due to a car accident, it is often necessary for our Toledo, Ohio personal injury attorneys to have clients sign a power of attorney to handle certain aspects of their case. Our Toledo, Ohio personal injury attorneys deal with power of attorney documents on a regular basis, and can advise on the use of these documents.

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Even the Lizard can't help this kid

A Canadian teen learned the hard way about what happens when you drive irresponsibly.

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Two children suffer personal injury after truck accident

   At least three people suffered personal injury in Fulton County on Wednesday, after two semi-trucks and an SUV collided in a truck accident, according to the Toledo Blade. The truck accident caused two children to be airlifted to a local hospital for personal injuries. 

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Wrong-site surgery medical malpractice causes personal injury, lack of trust

Our Toledo, Ohio personal injury attorneys have seen firsthand the affects of wrong-site surgery medical malpractice. Toledo, Ohio personal injury attorney Chuck Boyk represents a client whose surgeon performed a wrong-site operation, causing personal injury from the medical malpractice. There is currently a subsequent treating physician willing to testify that the surgeon made a grave but purely preventable mistake.

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Toledo, Ohio personal injury attorney Dale Emch addresses adverse possession in "Legal Briefs"

Toledo, Ohio personal injury attorney Dale Emch addressed the subject of adverse possession in his November 25, 2007 Toledo Blade column, "Legal Briefs." Adverse possession can be a perplexing topic, as Toledo, Ohio personal injury attorney Dale Emch explains. Attorney Emch also handles cases involving workers compensation, medical malpractice, dog bites, and criminal defense as well as DUIs.

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Toledo, Ohio workers compensation attorney Chuck Boyk interviewed on Channel 13 ABC

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Toledo, Ohio criminal defense attorney addresses Miranda Rights during an arrest

Toledo, Ohio criminal defense attorney Dale Emch addresses the issue of Miranda Rights in the event of an arrest in his Toledo Blade column, "Legal Briefs."

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Nail salons can cause personal injury through staph infections

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Time change causes increase in pedestrian personal injury, wrongful death

As we move the clocks back an hour as daylight savings time ends, personal injury and wrongful death are more likely to occur on the roads. According to CNN.com, pedestrians walking at dusk are three times more likely to be struck and suffer wrongful death in a car accident than before the clocks moved back. The highest personal injury and wrongful death risk for pedestrians occurs around 6pm during the month of November. This risk decreases each month until May, when the spring time change and longer days cause pedestrian deaths to drop dramatically.  Reports show that it is not the actual dark that causes these pedestrian-car accidents, it is the drivers’ adjustments to the earlier darkness. Our Toledo, Ohio personal injury attorneys see the devastating effects of personal injury and wrongful death resulting from car accidents and encourage drivers to be careful on the roads, and walkers to be careful on the sidewalks, regardless of the time of year.

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Prescription errors could lead to personal injury, wrongful death

Side effects are no longer the only thing patients have to watch out for when taking prescription drugs. Although doctors prescribe the correct drug in the doctor’s office, more and more patients have been given the wrong prescriptions at the pharmacy. These prescription mistakes are seen by our Toledo, Ohio personal injury attorneys and could result in personal injury or wrongful death.

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Prevent personal injury by checking for Halloween recalls

As parents and children get ready for Halloween this fall, our Toledo, Ohio personal injury attorneys are encouraging families to double check costumes and Halloween gear for recalls, which could prevent personal injury.

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Yamaha Rhino ATVs can cause personal injury, wrongful death

The Yamaha Rhino ATV (all terrain vehicle) has been under scrutiny for causing numerous cases of personal injury and even wrongful death after rollover accidents. These ATVs, which have a tendency to tip or rollover even at slow speeds, can pin a person under the vehicle, especially those young and inexperienced drivers or passengers. Broken legs, loss of limbs and severe head trauma have all been documented results of accidents involving the Yamaha Rhinos. In the year 2000, 547 people died in ATV-related accidents, according to Consumer Reports. A 9-year-old Texan boy was killed earlier this summer after a Yamaha Rhino his 12-year-old sister was driving rolled over, pinning the boy and causing severe trauma to his head. Although as a passenger he was wearing a seatbelt, the lack of doors on the ATV contributed to his ejection from the vehicle. These ATVs are especially dangerous to children under the age of 16, as many kids are not used to driving a motor vehicle, or don't take the ATVs seriously. Our Toledo, Ohio personal injury attorneys have seen the devastating affects of these rollover accidents, and the personal injury resulting from a Rhino ATV accident. YamahaRhinoAccidents.com had this to say about the dangerous ATV: Since the Yamaha Rhino was introduced to the market in the United States in September 2003, some drivers and passengers have been seriously injured, and in some cases permanently maimed as a result of rollover accidents. The Rhino, because of its unique design - including a narrow wheelbase, high center of gravity, fast acceleration and extremely quick turning radius - can be very unstable and roll over on either the driver or passenger side when sharply turned at low speeds. Although the vehicle is equipped with a roll bar and seat belt, it has no lower leg or foot protection. When the Rhino tips or rolls over, the driver's or passenger's leg can come out of the vehicle and be crushed by various portions of the roll bar. These crush injuries have proven to be very difficult to treat, and in some cases have led to the amputation of the injured person's leg. In many cases where the leg has been saved, the nature of the crush injury has required multiple surgeries, bone grafts, and muscle flap procedures. This leaves the victim with a severely and permanently impaired leg for the rest of his or her life. These types of injuries resulting from low speed operation of the vehicle are completely unforeseeable to the owner, driver or passenger. Although many lawsuits have been filed against Yamaha claiming defects and negligent design, Yamaha has not made any changes in the vehicle that would make them more stable or add protection to the drivers' and passengers' legs.

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Executor decides what can leave an estate

Attorney Dale Emch addressed a question having to do with removing items from an estate in his most recent "Legal Briefs" article this Sunday. The reader wanted to know if it was against the law for a family member to remove an item from the deceased's house without permission. Our Toledo, Ohio estate planning attorneys see many cases where family members are unsure of what to do when a family member dies. Read Attorney Emch's response below:

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Toledo boy suffers personal injury, Florida woman wrongful death in pit bull attacks

Pit bull attacks can leave a victim physically and emotionally scarred with personal injuries, or sometimes even cause wrongful death. Our Toledo, Ohio dog-bite attorneys see first-hand the dangers that pit bulls pose for families and children, even by those dogs that have never created a problem in the past and appear to be loving, household pets.

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Personal injury from car accidents increase along with deer in the Fall

Many car accidents occurring during the months of October, November and December have nothing to do with the weather. Deer, animals that are abundant in the Midwest, especially during the fall season, cause more than 28,000 car accidents per year in Ohio, according to the Ohio Department of Transportation. These accidents, which often result in personal injury or sometimes fatalities, more than triple during the last three months of the year, the results of which are often seen by our Toledo, Ohio personal injury attorneys.

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Hit and run causes wrongful death of 19-year-old Toledo woman

A car accident occurred when two different cars struck and killed a 19-year-old Toledo woman early Saturday morning on Central Ave., according to the Toledo Blade. Hit-and-run accidents involving pedestrians are not uncommon in our Toledo, Ohio personal injury attorneys’ offices, especially those resulting in serious personal injury or even wrongful death.

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Fatal car accident takes life of 16-year-old boy

A Findlay, Ohio boy was pronounced dead at the scene of a fatal car accident on Sunday, mirroring many of the cases we see as Toledo, Ohio personal injury attorneys. The 16-year-old lost control of his SUV and struck a tree on Liberty Township Road 89 in Hancock County, according to the Toledo Blade.

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Powerful bikes cause increase in motorcycle accidents

Increased horsepower, older drivers and lighter bikes are causing more deaths than ever in Toledo, Ohio and around the country.

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Avoid accidents at the supermarket

The common necessity of grocery shopping could cause personal injury to your child, especially those under five years old. With grocery stores on almost every corner in Toledo, Ohio, and little spare time in parents’ busy schedules, children end up accompanying Mom or Dad during almost every trip to the supermarket. According to Consumer Reports online, shopping carts were the cause of over 19,500 visits to U.S. emergency rooms in 2005 alone. Falls from carts caused serious injuries such as concussions, fractures, and internal injuries.

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Another Reason Medical Malpractice Frequently Occurs in Ohio

In Ohio and all around the country, doctors are making more and more mistakes with their patients.  Even more alarming, is that nurses and hospitals are at fault many times.  One of the main reasons for people leaving the hospital worse off than when they arrived is the shortage of nurses in Ohio hospitals.As the article in the hyperlink above describes, it is logical that hospitals are short of nurses because of the baby boomers, but also, because nearby schools aren't training enough people to become nurses.  Schools, community colleges and four year universities alike, need to increase their enrollment to allow more students to obtain degrees in nursing.  This needs to be done ASAP.  However, schools must make sure that they are not flooding the market with unqualified individuals.  If that happens, our Ohio hospitals will have plenty of nurses . . . but they will be inadequate.  I don't know what is worse, a lot of bad nurses or too little good nurses.Medical malpractice can almost be said to be an epidemic.  Larry

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School bus seatbelts prevent personal injury

Ohio law requires seatbelt use in all vehicles, for all passengers, to prevent personal injuries resulting from car accidents, and are used in all motor vehicles except school buses. Many school-aged children ride buses twice a day for over 200 days a year, yet they are not required to use this most basic safety precaution. “Every time a bus stops short, kids get smashed against the seat,” states the president of the National Coalition for School Bus Safety, Dr. Alan Ross.

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Car accidents cause worst Labor Day in five years

As Toledo, Ohio personal injury attorneys, we see the devastation car accidents can cause to families. Holidays are especially dangerous. This past Labor Day weekend marked the deadliest Ohio Labor Day holiday in five years, according to the State Highway Patrol, as reported by the Toledo Blade. The death toll rose by 71% this year when 24 people were killed in car accidents from midnight Friday, August 30th to midnight Monday, September 3, as compared to Labor Day weekend 2006 when 14 people lost their lives.

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Dale Emch's Blade column stresses importance of good estate planning

Disputes over wills and estates can be messy affairs, especially if the deceased person didn't spell things out clearly or tried to cut corners.

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Five children left unattended with pit bulls

A Toledo, Ohio mother of four was charged with child endangerment on August 28th when police officers found five children home alone in a house filled with pit bulls and a loaded rifle, according to the Toledo Blade.

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Safety first with Labor Day fireworks

Summer is coming to an end, bringing one last chance for kids and adults to set off fireworks this Labor Day in Toledo, Ohio. Though fireworks can add thrills to an outdoor gathering, they also have the potential to cause personal injuries.

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Distractions can be deadly for teen drivers

Driving while distracted seems to be getting about as much attention these days as driving while drunk. That makes sense because both are inherently dangerous.

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Vehicular "back-ups" cause death among children

The most tragic cases we handle at our Toledo, Ohio personal injury office are those that involve the death of a child. That’s why we join Kids and Cars, a non-profit consumer advocacy group, in its call for heightened safety measures that would help protect children from getting hit by vehicles backing out of driveways.

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Oak Harbor man dies while in police custody

An Oak Harbor, Ohio, man who won $600,000 in a police brutality lawsuit seven years ago died last weekend after Sandusky County Sheriff's deputies shocked him multiple times with a Taser.

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Head-on collision injures Ottawa County family

A tragic accident on Sunday killed a 16-year-old girl and caused serious injuries to a family of five from a community near Oak Harbor, Ohio.

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Will contests make a difficult time worse

A parent's passing is obviously tremendously difficult, but that tough time is made worse when there's acrimony over the estate.

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Motorcycle deaths increase nationwide, Toledo Blade reports

As Toledo, Ohio, motorcycle accident lawyers, Chuck Boyk, Mike Bruno, and Dale Emch understand the dangers bikers face on the road every day.

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Supreme Court puts bite back into Toledo dog law

As Toledo dog bite lawyers, our office was pleased with the Supreme Court's decision upholding Toledo's pit bull ordinance as constitutional.

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Motorcycle safety crucial to enjoying sunny summer rides

A rash of motorcycle accidents seem to have taken place recently around Toledo, Findlay, and Bowling Green. As a personal injury lawfirm that handles motorcycle accidents, we naturally see more motorcycle accidents as the summer wears on.

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Actions speak louder than words - get treatment if you're hurt

After 24 years as a Toledo Personal Injury Attorney, the one thing that drives me crazy the most are clients who destroy their cases. A major pain for me are clients who claim they really have serious personal injuries but do not get consistent treatment to justify and help prove their claims.

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Failing to record a land contract not fatal to enforcement

This week, my Legal Briefs column in the Toledo Blade covers the impact of failing to record a land contract.

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Whiplash aggravated by improper use of head restraints

Though they’re often taken lightly, whiplash injuries caused by rear-end collisions can lead to prolonged pain and treatment.

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Construction accidents kill two Toledo workers

Tommy Zunk and Walter Minarik were killed in two separate, but equally tragic, construction accidents in Toledo yesterday.

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Fight disputes with landlords by paying rent into escrow

Though our law office generally deals with personal injury cases in Toledo and northwest Ohio, occasionally we have to address other areas of concern.

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Fun on the Fourth

The attorneys and staff members at the Charles E. Boyk Law Offices, LLC, want to wish everyone in Toledo and northwest Ohio a happy and safe Fourth of July holiday.

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You can't always get your day in court with arbitration clauses

They're legal, they're binding, and they're everywhere.

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Ignoring legal documents can cause major problems

Receiving legal documents can be intimidating and confusing, but ignoring them can lead to trouble.

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Tragic accident leaves Toledo man dead, wife and daughter injured

A man who apparently hit his gas pedal instead of his brake apparently accidentally killed a Toledo man when he ran him over after a church service Saturday.

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Neighbor out on a limb in tree-trimming question - Emch's Toledo Blade column for May 13, 2007

Conflicts between neighbors need to be handled delicately. Chance are, you're going to live next to each other for a long time, so it's advantageous to everyone to have a good relationship.

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Emch's Blade column addresses limited in ability of subcontractors to place liens on homes

I recently had a reader of my Toledo Blade column ask me about the ability of subcontractors to place liens on homes.

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Condo associations are powerful under Ohio law

In my Toledo Blade column on Sunday, a reader asked whether he could fight his condominium association's decision to paint the complex. He didn't think his condo needed to be painted, so he didn't want to incur the assessment.

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Emch's Blade column examines disclosure laws for real estate sales

Attorney Dale Emch's bi-weekly column in the Toledo Blade for April 1, 2007, examined the rules governing disclosure of certain defects in a home during a real estate transaction.

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Alcohol may have caused fatal car crash near Toledo

A Monclova Township man was killed in a car accident southwest of Toledo today caused by a driver who allegedly was intoxicated.

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Three-vehicle involving a truck near Bryan, Ohio, injuries two

A three-vehicle accident yesterday near Bryan, Ohio, involving a tractor-trailer left a Pioneer, Ohio, man in fair condition at Toledo Hospital, according to an article in the Toledo Blade.

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Emch's Blade column addresses questions about a will and breaking a lease

Dale Emch's column - "Legal Briefs" - in Sunday's Toledo Blade addressed two issues.

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Parents have more time to file claims based on child's injury

A parent's loss of consortium claim based on the injury to a child don't have to file suit until the child does, according to a ruling issued today by the Ohio Supreme Court.

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Attorney Dale Emch launches new column in Toledo Blade

Attorney Dale Emch's new legal column started running in the Toledo Blade on Sunday.

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Tragic traffic accident devastates Bluffton University

Four baseball players from Bluffton University, located an hour south of Toledo, were killed Friday in a traffic accident when the tour bus carrying the team flipped over an exit ramp onto I-75 in Atlanta.