Attorney Blog

Owner of Bear That Killed Caretaker Didn't Have Insurance | Toledo, Ohio workers' comp attorneys

paige.aten@gmail.com (blog Author)38297 — Wed, 01 Sep 2010 08:00:00 EST

The owner of a bear that mauled and killed its caretaker does not have workplace injury insurance to cover the caretaker. This is a potential violation of Ohio state law.

Business owners who pay at least one employee are required to carry insurance to cover those employees in the event of an injury. Sam Mazzola, the owner of the bear, previously had the insurance but it lapsed in late 2005.

If Mazzola paid Brent Kandra, the caretaker who was killed, or any other person since his coverage lapsed he will be in violation of Ohio law.

If you or someone you know has suffered an injury in the workplace, it is important to contact a lawyer to ensure you receive fair compensation. Our Toledo, Ohio workers' compensation attorneys are well versed in the law and will be happy to help with your claim.

Sarge Bites Another Person, Misses Trip to Utah | Toledo, Ohio dog bite lawyers

paige.aten@gmail.com (blog Author)38214 — Tue, 31 Aug 2010 08:00:00 EST

Sarge, the German Shepherd who recently survived being shot six times, has again bitten someone.

The bite Sarge inflicted on the wife of a Humane Society caused a puncture wound requiring 12 stitches. This is the second time the dog bit someone since July 26.

He was scheduled to leave for an animal sanctuary in Utah today, but anytime a dog bites a human that dog is required to be quarantined for 10 days to ensure it does not have rabies.

Sarge was outside his cage for his daily walk when the bite occurred. His owner is currently charged with shooting the dog while in his cage.

If you or someone you know has suffered a dog bite, it is important to consult with our Toledo, Ohio dog bite attorneys to ensure you are treated how you deserve by your insurance company. Call our office at 800.637.8170 for a free case evaluation and to request your free copy of The Ohio Dog Bite Book.

Girl Killed, Mother Injured in Car/Bike Accident | Toledo, Ohio accident lawyers

paige.aten@gmail.com (blog Author)37650 — Fri, 20 Aug 2010 08:00:00 EST

A girl and her mother were involved in an accident while riding their bikes on Wednesday. The mother was seriously injured; the young girl unfortunately lost her life.

Amy Gollnick, 9, and her mother, Jennifer Lynn Gollnick, were riding their bikes on South Hillsdale Road just south of Hillsdale, Michigan when a vehicle struck them. Jennifer is still listed in critical condition.

The driver of the vehicle that struck them has been charged with operating a vehicle while intoxicated causing death, operating a vehicle while intoxicated causing serious injury, operating a vehicle while intoxicated, and failure to stop at an accident scene when at fault in causing death.

We are saddened to hear this news, and our thoughts are with the family and friends of the victims.

If you have been injured in an accident, call our Toledo, Ohio personal injury lawyers at 800.637.8170 for a free case evaluation or to request your free copy of The Ohio Accident Book.

Toledo City Worker Killed in Bike Crash | Toledo Motorcycle Lawyers

blog@www.charlesboyk-law.com (news Author)17062 — Thu, 19 Aug 2010 08:00:00 EST

Click here to read more about the Toledo city worker killed in a motorcycle accident Tuesday night.

Clyde Motorcyclist Killed in Crash | Clyde, Ohio motorcycle lawyers

blog@www.charlesboyk-law.com (news Author)17061 — Wed, 18 Aug 2010 08:00:00 EST

Click here to read about the Clyde man killed after a crash with a car.

Knee, Back and Shoulder Injuries Caused By Rear-End Accident | Toledo, Ohio car accident attorneys

paige.aten@gmail.com (blog Author)37416 — Tue, 17 Aug 2010 08:00:00 EST

Negligent drivers often cause accidents that cannot be avoided. Our Toledo, Ohio personal injury lawyers recently filed a claim for a client who was injured in such a fashion.

On August 28, 2008, our client was at the intersection of Buck Road stopped at a traffic light when a second driver failed to stop and struck the rear of her vehicle. The Rossford Police were called and the second driver was cited with failure to keep assured distance.

Following the accident, our client was experiencing back pain and sought treatment with Chris Peters, D.C. After x-rays and examination, she was diagnosed with lumber sprain/strain. Her treatment consisted of massage, electrical muscle stimulation, ultrasound and chiropractic manipulation. She continued treatment until March 16, 2009. As her pain did not improve and she was experiencing a lot of radicular pain, she was referred back to her neurologist.

On September 15, 2008, she also followed-up with her family physician, Dr. George Darrah, M.D. where she complained of right knee and lumbar pain following the accident. He ordered x-rays of the right knee and those were found to be normal. She followed up with his office several times over the course of the next six months with continued complaints of back, knee and shoulder pain.

On October 29, 2008, Dr. Nabil Ebraheim saw her for her lower back pain. After her first examination, Dr. Ebraheim ordered an MRI to rule out any underlying disk or pathology in her neck and lower back. The MRI revealed there was mild bulging at L4-5 and L5-S1 there was a mild bulge seen.

In December 2008, our client went back to Dr. Patrick McCormick for further review of her MRI films. He noted that the films revealed a C5-C6 disc protrusion effacing the CSF without compromise of neurologic structures. He recommended an EMG and physical therapy which she then began. He also stated that if her symptoms did not improve that a lumbar diskogram should be performed and that she consider epidural steroid injections.

From December 30, 2008 through August 2009, our client participated in various physical therapies at St. Luke's Hospital, including water therapy. She also underwent numerous epidural injections, which brought her some minimal relief.

In addition, her shoulder pain continued to worsen and in addition to various therapies for her back, she was receiving physical therapy for her right shoulder. In addition, Dr. McCormick referred her to Dr. Schaffer where she also underwent SI joint injections and she was seen in the pain clinic at St. Luke's Hospital.

On March 16, 2009 she consulted with Dr. Houston for evaluation of her right shoulder, at which time he performed x-rays of her right shoulder. Dr. Houston's impression was that she was suffering from subacromial bursitis with impingement. He injected the right subacromial space and ordered physical therapy of her right shoulder. Upon return to his office on April 17, 2009 he felt that an MRI was warranted since it had been 8 months since her injury and she was continuing to suffer pain and discomfort even with physical therapy and injections. The MRI was performed on April 29^th, which did not reveal any rotator cuff abnormalities. Dr. Houston placed her back into physical therapy and by final visit with him on June 5, she was continuing to see improvement so she was advised to continue with physical therapy.

She received right-sided SI joint injections at SurgiCare on May 27, 2009 and June 4, 2009 but did not get lasting relief. She continued with her physical therapy at St. Luke's through August 26, 2009.

Our client last consulted with Dr. McCormick on March 8, 2010 at which time he indicated her injury is of weight bearing structural damage and that she is being referred back to the pain clinic with Dr. Schaffer and will undergo a SI joint cauterized next month. She will endure some type of treatment for her injuries for the rest of her life. As Dr. McCormick has indicated that the pain relief with surgery is less than 50% going to bring her any pain relief, she has decided at this point to continue with pain management treatment.

Our client is 53 years old and is widowed. She currently works part-time as a professor teaching psychology and sociology. This accident has set her back tremendously. At the time of the accident, she was completely recovered from her previous back surgery and was not in any on-going pain. She will have to receive some type of treatments of either physical therapy or injections for the rest of her life.

If you have been injured in a car accident, call our law offices at 800.637.8170 to speak with one of our experienced attorneys or to request your free copy of The Ohio Accident Book.

Car Accident Causes Neck Injuries Requiring Surgery | Toledo, Ohio car accident lawyers

paige.aten@gmail.com (blog Author)37422 — Tue, 17 Aug 2010 08:00:00 EST

Any car accident that causes personal injury can be difficult to cope with. In the case of this client, who our firm recently filed a complaint on behalf of, an extremely unexpected accident resulted in extremely painful injuries.

This accident occurred on August 22, 2008 as our client was traveling eastbound on US-24 and was struck by a tire that separated from another vehicle. The driver of the other vehicle was issued a citation for operation of an unsafe vehicle.

Three days after the accident our client treated with Dr. Nwanko. During this appointment he stated that his head swung back and forth after the accident and complained of neck pain. He was diagnosed with neck pain, contusion of neck, headache and disturbance of skin sensation. Additionally an EMG was ordered, as well as MRI with and without contrast of his spinal canal and contents. He was also ordered physical therapy, given restrictions for overhead activities and lifting and told to return in four weeks.

An EMG of his wrist and ulna were performed on August 25, 2008 and the MRI of his cervical spine was performed at Stone Crest Medical Center on August 29, 2008. This was done because of the neck and bilateral shoulder pain he complained of. The MRI results showed that there was a central disc herniation about three millimeters in dimension and approx 10.8 millimeters transversely at C3-C4. This was causing effacement of the sac as well as a mild deformity of the spinal cord. There also was a mild encroachment to the left neural foramen.

Our client followed up with Dr. Fish after these tests on September 5, 2008. He presented to the office with pain in the left side of his neck that went down into his left shoulder and also on the left side of his face. He said that this has caused him to lose his vision several times a week. He was assessed with a decreased range of motion, tenderness to palpation near the midline cardiothoracic junction and also in the left paraspinal musculature through his cervical spine. He had a positive Lhermitte's sign and a positive left spurling's maneuver. He was diagnosed with cervical herniated nucleus pulpous, left upper extremity radiculitis, and myofascial pain from whiplash. Additionally, he was prescribed pain medication as well an anti-inflammatory and ordered physical therapy. He was instructed to follow up in 4-5 weeks.

He was seen by Dr. Schoettle on October 13, 2008 after being referred by Dr. Nwanko. He was evaluated, and Dr. Schoettle stated that he does have a disc herniation at C3-C4 and that it was markedly worse from the previous injury to the area. He felt that surgical intervention was necessary.

At the follow up appointment with Dr. Schoettle on April 9, 2009 the doctor stated that it had been almost six months since he had last seen our client and that he was still having pain in his neck and that he was now experiencing paresthesias in both arms and legs. Upon his examination at this time he noted that the range of motion for our client's neck was very limited and ordered a new MRI to show updates of the cervical spine and to evaluate his anatomy and spinal cord impingement. Dr. Schoettle addressed causation in his note and directly relates the motor vehicle accident to his disc herniation. The MRI was performed on April 13, 2009 and showed that there is still a herniation at C3-C4 and that at this time there appears to be moderate left formal stenosis because of the disc protrusion as well as slight retrolisthesis on C3-C4.

Dr. Schoettle reviewed the MRI on April 16, 2009 and stated that he believes that because our client has a significant herniated nucleus pulpous at C3-C4, he needs a anterior cervical discetomy and fusion.

Our client had surgery on May 5, 2009 with Dr. Schoettle for an anterior cervical discetomy and osteophytectomy c3-c4 anterior cervical fusion with structural allograft and plating c3-c4 with spinal cord monitoring.

He returned to Dr. Schoettle on June 8, 2009 for his post operation appointment. He has a resection done of his herniated disc at C3-C4. X-rays were taken and showed the hardware to be in good position. He also went to physical therapy for an evaluation on June 8, 2009. He was assessed and told to return in three weeks to further evaluate his range of motion.

He continued to follow up with Dr. Schoettle after his surgery. At an appointment on August 24, 2009 he stated the difficulties he has performing his duties as a truck driver and that he has lost a lot of strength needed for his job. He was asked to get another MRI for further evaluation. The additional MRI was performed on August 25, 2009 and showed that there was an interval ACDF at C3-C4 with resolution of severs central canal stenosis secondary to disc protrusion. Dr. Schoettle reviewed this MRI and stated that the fusion looked good and prescribed additional pain medications to our client.

As indicated in the report by Dr. Timothy Schoettle, M.D., our client's surgery and herniation of C3-4 causing spinal cord deformity due to a motor vehicle accident. He mentions that he had seen our client in the past for minor disc changes, but the symptoms became remarkably worse after this accident. His condition is considered permanent and will likely always cause some discomfort for the rest of his life.

Our client 33 is years of age, is married and has one young daughter. He has been employed as a self-employed truck driver. This accident ruined his business for nearly a year with no truck and then later as he had to take time off after the surgery.

If you have suffered an injury in a car accident call our Toledo, Ohio personal injury attorneys at 800.637.8170 or call in to request your free copy of The Ohio Accident Book.

Rear-End Car Accident Causes Neck Injuries | Toledo, Ohio car accident attorney

paige.aten@gmail.com (blog Author)37232 — Fri, 13 Aug 2010 08:00:00 EST

Rear-end car accidents, though fairly common, often cause debilitating injuries. Our firm recently filed a complaint on behalf of a client who had such injuries.

This accident occurred on May 11^th, 2009 when our client was traveling northbound on Klotz Rd and approaching Napoleon Rd., came to a stop sign and a brought her vehicle to a complete stop. Another car failed to stop and rear-ended her. Bowling Green Police were called to the scene of the accident and cited the other driver for failure to maintain an assured clear distance. She was involved in two other accidents prior and after this one. She was cited for leaving the scene of the accident and failure to exchange information and driving under the influence.

After the accident our client was seen at Wood County Hospital Emergency Room. She stated that she was experiencing neck pain and that she felt lightheaded. A CT of the cervical spine was performed and results came back negative for fracture; however, they did show some mild degenerative disc disease and interspaced narrowing and endplate spurring at C5-C6 as well as degenerative changes at C1. She was given a prescription for Flexeril and Vicodin and diagnosed with a cervical strain.

She was seen at Wood County Clinic on June 8^th, 2009 for a follow up appointment. She complained of right-sided pain to her neck and posterior shoulder. She was also suffering from radiculopathies that went from her arms down into her fingers and that her pinky finger was numb. She was referred to Dr. Huntington for further evaluation. An MRI with and without contrast was ordered and she was given a refill on her Flexeril prescription. She was then diagnosed with an acute neck strain and possible C6-C7 radiculopathies.

On June 11^th, 2009, our client met with Dr. Huntington at Huntington Chiropractic and continued treatment until July 13^th, 2009. During the course of this time she complained of increased numbness and tingling in her forearm and thumb. She also continued to suffer from pain in her right cervicothoracic region. She was treated with spinal manipulation in 1-2 regions and also received electrical stimulation.

An MRI was performed at Wood County Hospital on June 26^th, 2009. Results showed there was a broad based posterior disc bulge at C4-C5 as well as a broad based posterior disc protrusion at C5-C6 and a broad based posterior disc bulge at C6-C7. It was noted that she was suffering from mild to moderate spinal canal stenosis from her disc protrusions. An EMG was also performed and results of that test showed no abnormalities.

She was seen again at Wood County Hospital on July 1^st, 2009 for a reevaluation of her possible C6-C7 nerve root radiculopathies. She was then referred to a neurosurgeon based on the results of her MRI.

Our client was seen at Wood County Physical Therapy on July 16^th, 2009 for an evaluation. She was assessed with persistent peripheral numbness in her C5-C6 dermatome, upper right extremity, bilateral upper trapezius, right rhomboid and levator scapulae muscle spasms, positive impingement signs to the right shoulder and peripheral symptoms worsened with cervical right side bending maneuvers. It was also noted that she suffered from pain when turning her head and was not able to resume the same kind of exercise that she had preciously done before the accident. The therapists worked with her so she would be able to sleep restfully and reduce the amount of pain she was suffering to her neck and upper extremity as well as to eliminate her headaches and restore her range of motion. She continued this therapy treatment until August 12^th, 2009.

She was seen at the Neurosurgical Network on August 12^th, 2009 for a consultation for her upper right extremity radiculopathy. Her symptoms were reviewed as well as her MRI films. She was then told that she was a surgical candidate for a surgical decompression, fusion and fixation at C5-C6. She then agreed to go forward with the surgery.

On October 9^th, 2009, she was seen at the Wood County Hospital Clinic for a reevaluation on her neck and to get refill prescriptions for her medications. She was evaluated to have a positive spurlings test and stated that she had stopped treating with Dr. Huntington because she felt that he aggravated her condition. She was assessed with moderately persistent C6 radiculopathy with some C5 radicular symptoms.

She visited Dr. McCormick on December 7^th, 2009 for a pre-operation visit. He noted that she was suffering from a C5-C6 disc protrusion, canal compromise and root compromise as well as a kyphotic deformity. Dr. McCormick performed the surgery on December 9^th, 2009 at St. Luke's Hospital. The postoperative diagnosis was neck pain, cervical kyphotic deformity, C5-C6 disc protrusion and right C6 pattern radiculopathy. Dr. McCormick performed another anterior cervical discetomy C5-C6, anterior cervical anthrodesis C5-C6, and an anterior cervical fixation C5-C6.

Our client returned to physical therapy at Wood County Hospital on December 28^th, 2009 and continued until January 29^th, 2010 for rehab after her surgery on her cervical spine. She returned to Dr. McCormick on February 1^st, 2010 for a follow up visit to discuss her anterior cervical diskectomy, fusion and fixation at C5-C6. It was noted that she seemed hesitant with some guarding of the musculature of the shoulder. She also showed some mild residual C6 distribution hypalgesia. She was then told to follow up as necessary.

Dr. Patrick McCormick indicates that she suffered traumatic cervical disc herniation at C5-C6 with associated right C6 radiculopathy. He also indicates that she will not completely heal from this accident. She will always have reduced range of motion in her neck related to the fusion. He also indicates that it is likely that she would need surgery in the next 20 years. Dr. McMcCormick directly relates the disc herniation at C5-C6 and C6 nerve root symptoms from this accident.

Our client is 45 is years of age and lives with her husband. As a result of this accident, she feels that her life has drastically changed. Her once very active lifestyle has been turned upside down.

If you have suffered injuries sustained in a car accident, contact our Toledo, Ohio car accident attorneys at 800.637.8170 for a free case evaluation or to request your free copy of The Ohio Accident Book.

Auto Accident Causes Neck and Back Pain | Toledo, Ohio car accident lawyers

paige.aten@gmail.com (blog Author)37247 — Fri, 13 Aug 2010 08:00:00 EST

Even when you are a safe, defensive driver, other drivers can cause auto accidents and cause you injury. Our firm recently filed a claim for a client who found herself in this exact situation.

Our client was stopped in a Shell gas station, waiting to turn out onto S. Reynolds Road when another car that was stopped southbound on S. Reynolds in the left turn lane turned in front of another vehicle heading northbound on S. Reynolds Road. The two vehicles hit and caused them to hit our client's vehicle.

She was transported to UTMC by EMS with complaints of neck and low back pain. A brain CT scan was taken which showed no evidence of intracranial hemorrhage or a skull fracture. A cervical spine CT scan was taken and showed no evidence of a fracture. A chest CT scan was taken that showed no evidence of traumatic injury in the chest. A CT scan of the abdomen & pelvis were taken showing a left adrenal gland mass but she admitted to being aware of this and that it has been present for 20 years. She was discharged & advised to follow up with her primary care physician and with Dr. Tang in the Trauma Clinic in one to two weeks.

On Sept. 3, 2008 our client followed up with Dr. Brian Miller for breast, left side pain and a left swollen arm. She also had a mild cervical neck strain. She was referred for physical therapy.

On Sept. 8, 2008 she returned to Dr. Miller with pain around the left side of her neck up into her head.

On Oct. 23, 2008 she began physical therapy at Heartland Rehab for low back pain. She has a long history of lower back problems that were aggravated following the auto accident and had previous back surgery. She was placed on a treatment plan of hot/cold packs, electrical muscle stimulation and therapeutic exercise. She continued this until Dec. 10, 2008.

She returned to Dr. Miller on March 12, 2009 for continued back pain and again on August 18, 2009 to discuss her epidural injections.

On Dec. 1, 2009 she saw Dr. Thomas Andreshak for evaluation of her back and spasm across the left side with pain radiating along the hip & buttock on the right. Physical therapy has not provided relief. He discussed the instability and possibility of surgical fusion & stabilization of the segment trying to restore her lordosis. At this point, client wants to consider non-surgical treatment so he discussed branch blocks and stabilization with a brace.

On April 2, 2010 our client returned to Dr. Miller and discussed current treatment for back pain. She is still treating with Dr. Patel at UTMC.

If you have been involved in an auto accident and suffered injuries, contact our Toledo, Ohio car accident lawyers at 800.637.8170 for a free consultation and a free copy of The Ohio Accident Book.

Back Injuries After Rear-End Car Accident | Toledo, Ohio car accident attorneys

paige.aten@gmail.com (blog Author)37165 — Thu, 12 Aug 2010 08:00:00 EST

Rear-end accidents happen all the time; that does not mean, however, that they do not cause serious injury to their victims. Our Toledo, Ohio car accident attorneys recently filed a complaint on behalf of a client who was rear-ended and suffered fairly extensive injuries.

After the accident, our client was treated by her primary care physician where she complained of a headache, muscle spasms, and back pain. She stated that she was rear-ended while she was stopped at a red light and was then pushed into the car in front of her and that she was wearing her seatbelt. She was evaluated and said she had a headache in her frontal right area, she was having poor sleep, turning was painful, and she was having spasms in her bilateral hips/ buttock when bending. Our client was prescribed Flexeril and pain medication. She was ordered x-rays of her lumbar and sacrum. These showed that there was some degeneration in his disc spaces and that there was some narrowing of her spine from T12- L3.

On July 17, 2008, she returned to her primary care physician's office for a follow up on her initial appointment after her accident. She stated that the Tramadol and Flexeril were helping but that she was still having spasms and still having pain with movement. She was evaluated and it was noted that she had a low-grade headache and that her range of motion had decreased. She was still having spasms to her right with the rotation of her torso. She was diagnosed with a back pain and spasms in her lumbar spine. She was ordered physical therapy for an evaluation and treatment. An MRI was discussed as a possibility if she did not see any improvement with physical therapy.

From July 23^rd, 2008 until September 22^nd, 2009 our client was treated at Opti-Health for physical therapy. During this time she received therapy on her lumbar and cervical spines in the forms of electrical stimulation, manual therapy, and therapeutic procedures. It was also noted that she told the physical therapy staff that she was having spasms at home, she also complained of lower back, left shoulder and neck pain, as well as pain in her right buttock.

She was seen again by her primary care physician on August 26^th, 2008 where she stated that she was still having back muscle spasms. Upon evaluation it was noted that she was still suffering from back, neck and hip pain. Her doctor also noted that she was still having spasms but that her range of motion had increased. She was still having discomfort with most positions, but stated that her physical therapy was helping. An MRI was ordered of the lumbar spine as well as additional physical therapy. It was noted that if her pain did not improve then a neurologist consultation would be ordered.

An MRI of her lumbar spine was performed on August 30^th, 2008 at Blanchard Valley Health System. This showed that there is a diffuse bulging disk at L1-L2; there was also a diffuse bulging disk at L2-L3 with central protrusion and extension into the inter-vertebral foramina. At L3-L4 there was a diffuse bulging disk with spinal stenosis, and at L4-L5 there was a diffuse bulging disk and moderate degenerative changes. At L5-S1 there was a diffuse bulging disk and there was also fluid in the auricular facets.

She returned to her primary care physician for a follow up visit on September 24^th, 2008. During this appointment she stated that she was continuing to have back spasms as a result of the motor vehicle accident and stated that her physical therapy was helping. She was then referred for a pain management consultation.

Our client is 71 years of age. As a direct result of the accident she struggles with being able to perform everyday activities such as vacuuming the floor. She must now depend on her daughter and others to help her. She said she is the caregiver to her husband as well as to her 90-year-old sister-in-law, and now finds difficulty in caring for them. She has difficulty with standing for long period of time. She is employed part time at a merchandise retail job and since the accident she has extreme difficulty in being able to perform her regular duties such as carrying stock to and from the stock room. She also can't drive for long periods of time.

If you have been injured in a car accident, call our personal injury attorneys at 800.637.8170 to request a free consultation or a free copy of The Ohio Accident Book.

Crushed Fingers and Abdominal Pain the Result of Workplace Accident | Toledo, Ohio workers comp lawyers

paige.aten@gmail.com (blog Author)37180 — Thu, 12 Aug 2010 08:00:00 EST

On May 9, 2008, our client was working for Cooper Standard Automotive when the carrier became jammed and tangled in the oven. The operators turned off the belt drive and they proceeded to clear the tangled carrier by cutting out the tangled and bent carrier. Once this was done, the belt drive was turned back on but apparently the belt was slipping and it was again turned off. Two employees, one of whom was our client, checked to see if the separation rollers were in place along the belt. At that time, he noticed the belt on oven #1 of flock line #4 was jammed and therefore, he attempted to un-jam it. His glove on his right hand then became caught in the belt and pulled his hand between the two rollers. He sustained a crush injury of the right hand and third degree burns and his hand was caught for approximately fifteen minutes. His co-workers were able to cut the belt to free his hand.

Immediately following the accident, he was transported to St. Vincent Medical Center with a severe crush injury to his right index, middle and ring fingers with significant necrosis of the middle and ring finger and a deep burn down to the bone to the joint of the right little finger. He was immediately admitted for surgery. The surgeon's goal was to try to preserve length on the fingers to give him at least a post for his thumb to go up against, but this was a very severe injury and the end result will be to try to get as much of a functional outcome as possible. Following the surgery, he continued to be admitted at St. Vincent's. On May 16, 2008, he underwent debridement of abdominal pedicle flap with re-evaluation and advancement of the pedicle flap to cover the defect on his right hand. He underwent approximately ten more operations and wasn't released from care until July 18, 2008. His stay lasted over two months at St. Vincent's.

On July 23, 2008, he followed up with Dr. Thomas Dalagiannis. After evaluation, he determined our client needs some revision of the flap with re-advancement and to get it scheduled as soon as possible. He informed our client of the significant functional limitations he will have due to the extensive injury involved.

On August 12, 2008, our client had the K-wires removed from his right hand and revision of flap on his right performed at St. Vincent Medical Center. On August 27, 2008, he returned to Dr. Dalagiannis for follow up and was healing very well. He was advised to return in two weeks for suture removal. On September 11, 2008, he returned and was advised to continue with aggressive range of motion exercises and therapy but was not quite ready to go back to work yet. Dr. Dalagiannis didn't think he should return to work until December and advised our client to return in four weeks for re-evaluation. On October 23, 2008 the pain in his right shoulder improved. He was then able to lift his arm entirely over his head. He was developing a swan neck deformity on his right little finger, which may require some surgical intervention in the future. He will also need some defatting of his flap and revision of his flap even though therapy was helping. He was advised to return in six to eight weeks. Our client continued to follow up with Dr. Dalagiannis for treatment.

On September 2, 2008, he followed up with Dr. Stan Orlop with complaints of pain in his right wrist, hand and shoulder from this incident. He was prescribed pain medications and continued to follow up until February 19, 2009.

On February 9, 2009, our client saw Dr. Richard Clary for a psychiatric evaluation since this incident. He reported losing approximately fifty pounds during his hospital stay at St. Vincent's. Since he has been back home, he has gained more weight than prior to this incident due to inactivity from his physical limitations. After evaluation, Dr. Clark diagnosed him with adjustment disorder with mixed anxiety and depressed mood as the result of the injury on May 9, 2008.

Our client also sought treatment with Dr. Daniel Kuna. After evaluation, Dr. Kuna notes that he is suffering from irritability and depression about returning to work after this incident. The pain and stress from the injury have led to an adjustment disorder with mixed anxiety and depressed mood and rehabilitation psychology sessions are recommended.

Our client sustained a total loss of his hand due to the burn and crush component of the burn. He also has the residual index, middle and ring finger formed into one post so he does not have independent used of those fingers. He also has loss of his right little finger. The only functioning finger left on his hand is the thumb. The Industrial Commission approved total loss of his right index finger, right middle finger and right ring finger, due to amputation, as well as a two-thirds loss of his right little finger, due to ankylosis.

On August 27, 2009, our client presented to Dr. Michael Basista with complaints of pain to his abdominal region. Following the injury on May 9, 2008, he was required to undergo several procedures in which muscle flaps were removed from his abdominal wall. Approximately three weeks following release from the hospital after the procedures, he developed nausea and vomiting after he ate. He was also suffering from severe heartburn. He tried taking several over-the-counter medications, such as Prilosec, which offered no relief. After seeing his primary care physician regarding the symptoms, he was then referred to see a gastroenterologist for an endoscopy. Results of the endoscopy show three ulcers in his esophagus and a hiatal hernia. He did not have any complaints of pain in his abdominal region prior to this incident.

Our client will require future surgery in order to thin out the flaps and hopefully increase the function of his right hand. He has not reached maximum medical improvement. As of Dr. Dalagiannis' last note from July 8, 2010, it was recommended that he will most likely benefit from fusion at the PIP joint due to the face that he does not have much of an extensor tendon there to keep this area in check. He was advised to return in four months for follow up and further evaluation.

Our client is 46 years of age. He is still off work due to this incident and he will more than likely require additional surgeries for further repair of his right hand and fingers. He has missed around 116 weeks from work, resulting in substantial lost wages. He has suffered emotionally and physically from this incident. He served in the military for twenty years and did not suffer from any injuries or disabilities as a result of it. He enjoyed woodworking, building model ships and going to the gym. As a result of his injury, he is no longer able to fulfill these hobbies.

If you have been injured in a workplace accident, call our Toledo, Ohio workers compensation attorneys at 800.637.8170 for a free case evaluation or to request your free copy of The Ohio Work Injury Book.

Bike winner Gage Shultz Makes the News | Toledo, Ohio child accident lawyer

boykadvertising@gmail.com (blog Author)37009 — Tue, 10 Aug 2010 08:00:00 EST

Gage Shultz, the most recent winner of our firm's Bikes for Kids contest, got his 15 minutes of fame yesterday after picking out his new bike.

Gage, a five-year-old boy who will be starting school at Ottawa Hills this year, gave his bike away to a friend who did not have one.

He did so even with the knowledge that he would not be getting a new one, because as he told his mom, "it's good to give to people who don't have things."

Our Toledo, Ohio personal injury law firm is proud to reward Gage for his selfless, giving behavior.

Click here to see footage of Gage that aired last night on 13ABC.

Avoid playground accidents | Bowling Green child accident lawyers

blog@www.charlesboyk-law.com (blog Author)36138 — Fri, 06 Aug 2010 08:00:00 EST

While most parents don't think that they have to worry about their children being seriously harmed by playground equipment, accidents still happen. To help prevent these injuries here are some examples of proper playground equipment and how the equipment should be used:

·         Put the playground equipment together correctly according to instructions. It should sit on a level surface and be anchored firmly to the ground. Carefully maintain all equipment-this includes checking occasionally for loose nuts and bolts and broken, rusty, or sharp parts. Cap all screws and bolts. Open "s" hooks or protruding bolt ends can be hazardous.

·         Install and maintain a shock-absorbing surface under and around the play equipment. Use safety-tested mats or loose fill materials (shredded rubber, sand, wood chips, or bark) maintained to a depth of at least nine inches. The equipment should be surrounded by the protective surface. The protective surface should extend it at least six feet (more for swings and slides) in all directions from the equipment.

·         Make sure equipment is not closer than six feet from walls and fences.

·         Seats used on swings should be made of soft materials such as rubber, plastic or canvas; avoid wood or metal.

·         Make sure children cannot reach any moving parts that might pinch or trap any part of the body.

If your child has been injured due to the negligence of another person, you need information. Contact our Bowling Green, Ohio child accident injury lawyers 24 hours a day, seven days a week.

Motorcycle Crash Critically Injures Swanton Rider | Swanton, Ohio Motorcycle Injury Lawyers

boykadvertising@gmail.com (blog Author)36783 — Thu, 05 Aug 2010 08:00:00 EST

As of Wednesday morning, Andrew Meyers-- a Swanton man involved in a motorcycle accident Tuesday night-- remained in critical condition due to injuries he sustained in the accident.

On Tuesday evening, Meyers was riding his motorcycle on North Reynolds Road. A car drove into his path; he swerved to avoid a collision and lost control of his motorcycle.

He was thrown from his bike and struck by the vehicle he had initially attempted to avoid.

Police did not say whether or not Meyers was wearing a helmet. The crash is still being investigated.

If you or someone you know has been injured in a motorcycle accident, call our Swanton, Ohio motorcycle injury lawyers for a free consultation at 800.637.8170.

Keep lawnmowers away from children | Findlay, Ohio personal injury lawyers

blog@www.charlesboyk-law.com (blog Author)36136 — Wed, 04 Aug 2010 08:00:00 EST

Children and lawn mowers never mix. On the days that you decide to manicure your lawn, make sure that your children, and those who live near you, are safely playing indoors.

Here are some important tips on how to practice lawn mower safety:

Lawn mowers should not be operated by children younger than 12; for a ride-on mower the operator should be at least 16.

Children should never be allowed to ride along as a passenger on ride-one mowers.

Do not allow children to modify blade settings; only an adult should do this.

Young children should never be allowed near the mowing area; they should remain at a safe distance.

If you have been injured in an accident that was due to someone else's negligence, you need information. Contact our Findlay, Ohio personal injury lawyers at 800.637.8170 today.

High Winds Topple Wall, Kill Worker | Edgerton, Ohio wrongful death lawyers

boykadvertising@gmail.com (blog Author)36688 — Wed, 04 Aug 2010 08:00:00 EST

Our Toledo area wrongful death lawyers were saddened to hear that a worker was killed at the site of the Edgerton High School expansion project on Wednesday when a recently constructed wall blew over in high winds.

The identity of the worker has not yet been released.

A burst of high wind blew the 10-foot-tall wall over around 11:30 a.m. The wall was part of an addition to the high school that will create classrooms for kindergarten through eighth grade classes.

The National Weather Service said the gust of wind was a "microburst," not a tornado.

OSHA is currently investigating the accident.

Lawn mower accidents common in summer | Toledo, Ohio accident lawyers

boykadvertising@gmail.com (blog Author)36011 — Mon, 02 Aug 2010 08:00:00 EST

Lawn mower safety is important to people of all age's - not just children. An adult can just as easily be harmed by a lawn mower as can a child. So hear are a few general safety tips for anyone who is using a lawn mower this summer:

Never wear sandals while mowing; sturdy shoes required.
Survey the yard before mowing; pick up stones, toys and debris first from the lawn to prevent injuries from flying objects.
Always wear eye and hearing protection
Use a mower that will stop moving if the handle is released.
Start and refuel mowers outdoors- not in a garage. Refuel with the motor turned off and cool.
Wait for blades to stop completely before removing the grass catcher, unclogging the discharge chute, or crossing gravel roads. When buying a new mower, check for a safety feature that has a blade/brake clutch that stops the blade each time the operator releases the handle.

If you have been injured due to the negligence of another person, contact our Toledo, Ohio personal injury attorneys, 24 hours a day, seven days a week.

Woman Loses Life After Fall From St. V's Window | Toledo, Ohio wrongful death lawyers

boykadvertising@gmail.com (blog Author)36417 — Mon, 02 Aug 2010 08:00:00 EST

Sharon Beebe, a 66-year-old patient at Mercy St. Vincent Medical Center, lost her life Sunday after falling though a fourth-floor window at the hospital. Her fall appears to have been accidental.

She stumbled and fell through the glass in the window of her room. Staff at the nearby nurse's station heard the noise around 9:40 p.m.

Beebe was found on a first-floor roof by rescuers. She was pronounced dead in the emergency room.

Our Toledo, Ohio wrongful death lawyers have handled several cases involving falls. One such case dealt with a person who was in a YWCA shelter and looked out the window. As she did so the glass broke; she fell and eventually lost her life.

If you've had a loved one suffer a wrongful death and you'd like to speak with one of our attorneys, call 800.637.8170 for a free consultation.

Homeowners Insurance Increases, Part 2 | Toledo, Ohio Accident Lawyers

boykadvertising@gmail.com (blog Author)35882 — Thu, 29 Jul 2010 08:00:00 EST

Homeowners insurance rates have increased almost 10 percent in Ohio. Here are Mike Carroll's tips for offsetting any increases to your homeowners insurance:

1) Raise your deductible under the mentality that home insurance should be for catastrophic events. If you could pay that deductible in a catastrophic claim, then by all means raise it.

2) Make sure you are NOT over-insured. In light of the housing meltdown, request that your current agency do an ITV (Insurance To Value) calculator so you are not paying for coverage you do not need.

To speak with Mike, who is the recommended insurance provider of our Toledo, Ohio personal injury law firm, or to receive a complimentary insurance evaluation, call his office at 419-897-0101 or visit the Carroll Insurance Agency website.

Homeowners Insurance Increases, Part 1 | Toledo, Ohio Accident Lawyers

boykadvertising@gmail.com (blog Author)35881 — Wed, 28 Jul 2010 08:00:00 EST

Following heavy storm damage caused by the remnants of Hurricane Ike in 2008, the average cost of homeowners insurance in Ohio has increased 9.7 percent.

The Ohio Department of Insurance released an analysis of 2009 data that showed the increase in premiums. Mary Jo Hudson, the State Insurance Director, said in an article in the Toledo Blade that she expects similar rates in 2010.

Rates for auto insurance have also increased. The aforementioned Blade article says the Ohio Insurance Institute projects an average of $653 for homeowners insurance in 2010 and $661 for auto insurance. Ohio has some of the lowest premiums in the country, despite these recent increases.

Mike Carroll of Carroll Insurance Group says that despite the increases, homeowners insurance is vital.

"Homeowners insurance continues to be the ultimate ‘value' buy in all of the insurance market. Even though nobody likes a rate increase, homeowners insurance is still the best product by far for your dollar," he said.

"It is also true that the larger the insurer the more exposure they can have, hence the big increases by some of Ohio's largest insurers. Allied Insurance, for example, took a 4% increase, as did many other regional insurers who are represented by Independent Insurance Agents."

Check back tomorrow for Mike's tips on how to offset any increases to your insurance premiums. Call our Toledo, Ohio injury lawyers if you would like to be connected to Mike's agency.

Nursing Home Neglect Claims Life of Woman | Toledo, Ohio Nursing Home Injury Lawyers

boykadvertising@gmail.com (blog Author)35877 — Tue, 27 Jul 2010 08:00:00 EST

Two lawyers from small law firms teamed up to prosecute a nursing home neglect case and ended up winning a $28 million settlement.

The attorneys, Edward Dudensing and Jay Renneisen, took on the case of a 79-year-old woman who lost her life after a fractured hip and bedsores went untreated in the nursing where she lived.

Horizon West, which owns nursing homes in California and Utah, failed to diagnose and treat Frances Tanner, who had Alzheimer's and dementia, for eight days after she fell and fractured her hip. She developed the bedsore during that eight-day span.

Dudensing and Renneisen claimed in their case that the nursing home was severely understaffed and had a faulty structure set up that prevented patients from being properly cared for.

Our Toledo, Ohio nursing home injury lawyers have handled cases similar to this where elderly patients have been mistreated. If you or someone you know has a relative who has been improperly taken care of in their nursing home facility call our offices at 800.637.8170 for a free consultation.

Wrong prescriptions given to the elderly | Toledo, Ohio nursing home neglect lawyers

blog@www.charlesboyk-law.com (blog Author)35724 — Fri, 23 Jul 2010 08:00:00 EST

The Journal of Hospital Medicine has published a recent nationwide study that showed that nearly half of around 500,000 patients in hospitals that are 65 and older have been prescribed drugs at least once or even more than once, that are known to be unsafe for elderly people to use.

This is a serious issue and problem in our hospitals across the country. Health care professionals should be taking more precautionary steps to ensure that the medication that is being given to not only the elderly people in our society, but to everyone, are the proper prescriptions and are safe for use by the patient consuming the medication. For more information regarding this issue, please visit www.citizen.org.

Our Toledo, Ohio medical malpractice lawyers handle cases involving negligence or malpractice on a regular basis. If you or anyone you know are victims of medical malpractice, please contact our office today at 1.800.637.8170 for your free consultation and case evaluation.

New device might prevent texting and driving | Sylvania, Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)35725 — Fri, 23 Jul 2010 08:00:00 EST

Key2safedriving is an invention developed by researchers at the University of Utah and was developed to help prevent the number of deaths that result from car crashes. It is a new key for the ignition of an automobile that has the ability to prevent the driver from chatting on their cell phones or text messaging while behind the wheel. Bluetooth technology allows the key to connect wireless with the cell phone.

According to the Jere Beasley Report, motor vehicle accidents are the 5^th leading cause all of deaths in our country and amongst teenagers, motor vehicle accidents are the leading cause of death. An invention such as this simple key presents an effective and fairly low-cost solution to aid in removing distractions from young, or experienced drivers so that they may focus on driving safely.

If you or a loved one has been injured by a driver who was texting behind the wheel, you need information. Request your free copy of The Ohio Accident Book, written by our Sylvania, Ohio car accident attorneys.

Our Firm Philosophy | Swanton, Ohio Accident Attorney

boykadvertising@gmail.com (blog Author)35591 — Thu, 22 Jul 2010 08:00:00 EST

Firm Philosophy

"Promise A Lot and Deliver More"

My father always told me "your word is your bond." If you make a promise your reputation depends on keeping it.

As an attorney for the last 26 and a half years I have always tried to "under-promise and over-deliver" and keep my word.

I have changed that philosophy in the last year after learning from the teachings of Sid Friedman. Now I try to "promise a lot and deliver more."

At our law firm we make it a policy to:

Return all phone calls
Listen to your problems and concerns
Maximize your recovery
Advise you of all your legal options
Provide you with 25 more methods of customer service to show you the Boyk Difference

Currently 70 percent of our business comes from repeat customers and referrals from existing clients. Our goal is to be your family's legal resource for life.

Volunteer Firefighter Involved in Accident En Route to Blaze | Toledo, Ohio Accident Lawyers

boykadvertising@gmail.com (blog Author)35422 — Tue, 20 Jul 2010 08:00:00 EST

Timothy Johnson, a volunteer firefighter with the Portage Fire District in Oak Harbor, was injured in a two-car accident while en route to battle a fire on Friday.

The other car contained two passengers: Olivia Duty, who was flown to the hospital with incapacitating injuries, and Ian Hoffman, who lost his life in the accident.

The cause of the crash is still being investigated, and no one was cited.

Johnson was on his way to Tim & Deanna's Recreation in Clay Center when the accident occurred. A fire was reported at that location around 10:20 p.m. on Friday.

The fire destroyed the building and also damaged nearby homes, including the home of one of this law firm's employees. Her home suffered damage to the yard and garage and the interior of her home has soot damage.

If you or someone you know has been affected by an accident, call our offices at 800.637.8170 for a free consultation with one of our Toledo, Ohio attorneys.

Firefighter Injured En Route to Blaze | Toledo, Ohio Accident Lawyers

blog@www.charlesboyk-law.com (blog Author)35426 — Tue, 20 Jul 2010 08:00:00 EST

Timothy Johnson, a volunteer firefighter with the Portage Fire District in Oak Harbor, suffered serious injuries in a two-car accident while en route to battle a fire on Friday.

There were two passengers in the other car: Olivia Duty, who was air lifted to the hospital with incapacitating injuries, and Ian Hoffman, who lost his life in the accident.

The cause of the crash is still being investigated, and no one was initially cited.

Johnson was on his way to Tim & Deanna's Recreation in Clay Center when the accident occurred. A fire was reported at that location around 10:20 p.m. Friday.

The fire destroyed the building and also damaged nearby homes, including the home of one of this law firm's employees. Her home suffered damage to the yard, siding and garage and the interior of her home has soot damage.

If you or someone you know has been affected by an accident, call our offices at 800.637.8170 for a free consultation with one of our attorneys.

Unanimous Vote Will Lead to Safer Cribs | Toledo, Ohio child accident attorneys

boykadvertising@gmail.com (blog Author)35236 — Thu, 15 Jul 2010 08:00:00 EST

The U.S. Consumer Product Safety Commission posted a unanimous vote on Wednesday in favor of stricter mandatory standards for cribs. This vote comes in an effort to keep children safer while they sleep.

The new rules, which will likely go into effect next year, will eliminate drop side cribs and mandate better mattress support, sturdier hardware and better quality wood for crib construction. The cribs the Commission is looking to outlaw pose suffocation and fall risks.

These mandates will rend almost every crib currently produced in the U.S. as not up to code. Retailers who currently have any of the affected cribs in stock will have to stop selling them once the new rules pass. Hotels, day care centers and other businesses that use cribs deemed not up to code will have to replace their current furniture stock with safer models.

A final vote on the mandate is expected in December with the new rules taking effect next summer.

Although this vote will likely cost retailers, business owners and consumers extra money when cribs have to be replaced, our Toledo, Ohio child accident attorneys want to stress the seriousness of the injuries malfunctioning cribs can cause. We have handled several cases where children were either injured or killed due to faulty cribs.

If you or someone you know has a child who was injured or killed after a crib malfunction call 800.637.8170 to speak with one of our attorneys.

Findlay-area resident Bradley Hammer's accidental death raises gun safety questions | Findlay, Ohio wrongful death attorney

boykadvertising@gmail.com (blog Author)35185 — Wed, 14 Jul 2010 08:00:00 EST

Gun safety is always a topic of interest, especially when it involves teaching children how to safely handle firearms. Three recent cases involving children and guns, two of which led to accidental deaths, reiterate the need for education about how to safely use guns.

On Monday afternoon, Findlay-area man Bradley Hammer was killed when his 7-year-old son accidentally discharged the 22-caliber shotgun Hammer was teaching him to shoot. While the details of what happened are still unclear, the shooting does appear to be accidental and is undeniably tragic.

Last month, 21-year-old Frank Graziani Jr. of rural Defiance died after a 12-year-old boy pulled the trigger of a gun he believed to be unloaded. The bullet went through a wall and hit Graziani in the right side; he passed away about four hours later at the hospital.

Our Findlay, Ohio hunting accident lawyers are currently handling a similar case in which a man was hunting with his family and suffered an accidental gunshot wound. A young member of his family slipped and partially fell, causing the gun she was carrying to discharge and fire a bullet into the victim's ankle. He has since undergone intense medical treatment and has been off work for a considerable amount of time.

While there is currently no minimum age for Ohioans to obtain a hunting license as long as they successfully complete a hunter-education course, there are safety measures that should always be observed when handling a gun in the presence of a child.

Some such measures include:

Keeping the gun pointed in a safe direction at all times;
Emphasizing the danger of the gun;
Keeping the gun unloaded until you're ready to use it;
Always keep your finger off the trigger until you're ready to shoot.

More details on death of Ahjzanae Triplett | Toledo, Ohio child accident lawyer

blog@www.charlesboyk-law.com (blog Author)35105 — Tue, 13 Jul 2010 08:00:00 EST

More details are emerging about the tragic accident that claimed the life of 11-year-old Ahjzanae Triplett, a girl who has been called helpful and good-spirited.

Ahjzanae was collecting rocks outside her apartment with her brother and another child when she became trapped between the enclosed parking lot's mechanical gate and its control box. She died of compressive asphyxia because she was wedged into such a tight space, according to a Lucas County deputy coroner.

There is still no indication of how the gate was activated or how she got stuck.

Wallick-Hendy Properties, the company that manages the apartment complex where the accident occurred, says this was the first accident involving an electric gate at one of its properties.

According to a quote from city Law Director Adam Loukx in the Toledo Blade, the city of Toledo has no liability in this accident because "the city does not own, control or operate the building."

That same Toledo Blade article states that two girls in the United Kingdom were recently killed in similar accidents. Karolina Golabek, 5, and Semelia Campbell, 6, both lost their lives after becoming stuck in automatic gates.

Our Toledo, Ohio wrongful death lawyers want to stress that there are important steps that the family must take after this tragic accident. The first thing that needs to be done is there needs to be a thorough investigation of the accident scene and all witnesses present. The easiest way to do this is to hire an attorney and allow them to use the experts and private investigators that they consult on a daily basis to find out what really happened.

One of the issues in a wrongful death case is that the family wants answers to what happened. In order for them to go on with their life, an investigation needs to be done. Using expert witnesses and private investigators will help find answers and will help the family find closure.

The only way for products to become safer is to make sure that the manufacturers of those products are following all regulations, and that they are being held accountable for what they sell to the consumer.

An attorney can also help the family navigate the confusing sea of paperwork, probate, and investigations that follow tragic accidents like these. Dealing with the logistics of a wrongful death case is nearly impossible when you are mourning the loss of a loved one.

Donations for Ahjzanae's memorial service are being accepted at Key Bank branches.

Ahjzanae Triplett Loses Life in Child Accident | Toledo Attorneys

blog@www.charlesboyk-law.com (news Author)16115 — Mon, 12 Jul 2010 08:00:00 EST

Click to read about 11-year-old Ahjzanae Triplett's tragic accident.

Ahjzanae Triplett Loses Life in Tragic Accident | Toledo, Ohio Child Accident Lawyers

boykadvertising@gmail.com (blog Author)34960 — Mon, 12 Jul 2010 08:00:00 EST

Our Toledo, Ohio child accident lawyers were saddened to hear of the death of 11-year-old Ahjzanae Triplett over the weekend.

She was playing with two other children near the mechanical gate of her Museum Place apartment when the gate opened and trapped her between it and a fence.

There is no sign so far of how the gate was activated, as no cars tried to enter or leave the parking lot around the time of the accident. The gate can be opened either by a car driving over a control pad or by a device similar to a garage door opener.

There is an electronic eye on the gate that can tell when there is an object in its path, but its position prevented it from detecting the girl.

Our thoughts are with her family at this difficult time.

B&W Employee Nate Kern dies after roof collapses at Fremont Company

blog@www.charlesboyk-law.com (news Author)16039 — Thu, 08 Jul 2010 08:00:00 EST

Click to read the Fremont News Messenger story involving the tragic death of Nate Kern, a B&W Employee who died at the Fremont Company after their roof collapsed.

Fremont Company roof collapses; takes life of Nate Kern | Fremont, Ohio wrongful death lawyers

blog@www.charlesboyk-law.com (blog Author)34786 — Thu, 08 Jul 2010 08:00:00 EST

Our Fremont, Ohio attorneys were saddened to read that a Fremont man was killed after a roof collapsed yesterday at the Fremont Company.

Nate Kern, a B&W Welding employee, was working at the company that makes sauerkraut, and bottles ketchup and barbecue sauce, when part of the roof caved in, according to the Fremont News Messenger.

The story also said that the B&W employees were replacing columns that support the roof on a 2,000-square-foot building when a 20-by-20-foot section of roof collapsed around 1:40 p.m.

B&W employees Mark Keckler and Todd Michael, as well as Fremont Company employee David Fisher were also hurt in the accident.

Our thoughts and prayers are with all of the families during this difficult time.

5 ways to ensure you have the right insurance coverage

blog@www.charlesboyk-law.com (blog Author)34559 — Fri, 02 Jul 2010 08:00:00 EST

Top 10 ways to avoid

blog@www.charlesboyk-law.com (blog Author)34489 — Thu, 01 Jul 2010 08:00:00 EST

Drowsy driving = car accidents | Toledo, Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)34043 — Fri, 25 Jun 2010 08:00:00 EST

Here are some more drowsy driving tips from our Toledo, Ohio car accident lawyers:

·        Check your medication to see if it causes drowsiness, and plan your trip to avoid peak effects of medication.

·        Coffee or other caffeinated beverages may be effective in the short term but are not a substitute for sleep.

·        Fresh air and open windows have no lasting effect on your ability to stay awake.

·        The average person needs seven or eight hours of sleep a night, so don't skimp on sleep prior to or during your vacation.

·        Even if you fall asleep for a period as short as four or five seconds, your car can travel up to 100 yards, with fatal consequences.

Making sure you are alert is an important part of going on a long road trip. So for your next road trip remember to take these factors into consideration.

Call 800.637.8170 if you have been injured in a serious car accident.

Are you a drowsy driver? | Toledo, Ohio car accident injury lawyers

blog@www.charlesboyk-law.com (blog Author)34042 — Thu, 24 Jun 2010 08:00:00 EST

Our Toledo, Ohio car accident lawyers want to make drivers aware of the dangers of drowsy driving. Driver fatigue is a hazardous condition that arises when a person suffers from symptoms of fatigue while driving. Delayed driver reaction time makes fatigue-related crashes more severe than others. When planning long trips, practice fatigue prevention measures that include:

·        Give yourself plenty of time to get to your destination and schedule regular breaks.

·        Don't work a full day and then drive for hours knowing you are tired.

·        Don't drink alcohol the night before driving as this may impair your judgment.

·        Take a break every two hours.

·        Share driving responsibilities with another on long trips.

·        Avoid driving during normal sleep times.

·        Recognize sleepiness when it develops.

Read our next blog on more tips on driver fatigue. Call 800.637.8170 if you have been injured in an accident caused by a drowsy driver.

Don't underestimate

blog@www.charlesboyk-law.com (blog Author)33750 — Fri, 18 Jun 2010 08:00:00 EST

Auto accidents can

blog@www.charlesboyk-law.com (blog Author)33602 — Wed, 16 Jun 2010 08:00:00 EST

Help Tornado Victims by Dining Out!

blog@www.charlesboyk-law.com (blog Author)33221 — Thu, 10 Jun 2010 08:00:00 EST

Andrew Z's Restaurants & Retailers for Relief
Please visit any of the following locations today and 15% of your bill will be donated to help the victims and families affected by Saturday night's tornados. Help us help them!

*Andrew Z's Sports Pizzeria - Downtown & Levis Commons
*Luckies Barn and Grill in Oregon, Ohio
*Adam's Place on West Laskey
*Arthur Treacher's Fish and Chips in Freemont, Ohio
*Blue Pacific Grill in Levis Commons
*Big Z on Sylvania & Douglas
*Bob Evans-Woodville Road and Perrysburg
*Burnsy's Burgers & Brew- Woodville Rd.
*Cake In A Cup on Central Ave.
*Chucks Bar and Grill on Monroe Street
*Chuck E Cheese on Airport Highway
*CiCi's Pizza on Monroe Street
*City Barbeque on West Central
*Claddagh Irish Pub - Westfield Franklin Park Mall
*Dos Hermanos- Oregon- Located In Meijer Parking Lot
*Downtown Alterations & Tailoring
*Eddie Bauer at Westfield Franklin Park Mall
*Eddie Lee's Restaurant on Nantucket Dr.
*Edible Arrangements- Central and McCord
*Elle Hair Salon
*Fitz Patrick's Tavern on Airport Highway
*Haven Lounge in Swanton
*Home and Loft Essentials
*IHOP in Perrysburg
*J-Cups Pizza Summit Street in Point Place
*JoJo's Pizza- Monroe, Mayberry, Rossford and Whitehouse Locations
*Little Caesars Pizza- Deveaux Village, W. Alexis near Secor, and Lewis Ave between Sylvania &Eleanor
*Mancys-Mancy's Steak, Mancy's Italian, Shorty's, Blue Water Grill
*Maumee Sweepers in Golden Gate Plaza
*Mayberry Dinner- Byrne Rd and Mayberry Square Locations
*Moe's Place
*Moodies Coney Island on Oregon Rd. at Wales
*Papa Joe's
*Prestige on the Corner or Byrne & Hill
*Salsarita's Fresh Cantina @ the corner of Ford and Dussel
*Shubie's Ice Cream and Grill
*Sonic---Rossford, Oregon, and Bryan Ohio locations
*Sylvania Play Land on Centennial Rd.
*The Village Idiot in Maumee
*The Waffle House on Rt. 25 in Perrysburg, Ohio

Hurt at work Part II | Toledo, Ohio workers comp lawyers

blog@www.charlesboyk-law.com (blog Author)33169 — Wed, 09 Jun 2010 08:00:00 EST

Our Toledo, Ohio workers compensation lawyers want people to remember that although temporary total disability does not completely replace a worker's lost income, workers' compensation benefits are not taxable.

Sometimes workers sustain physical or psychological injuries that will remain with them forever, but may allow them to continue working. In such a case, the worker would be eligible for a permanent partial disability award based on the percentage of the impairment. For injuries that occurred prior to June 30, 2006, the injured worker had to wait 40 weeks before filing this type of claim. The waiting period for injuries after that date is 26 weeks.

In order to determine the percentage of loss, the worker is examined by a BWC doctor, who determines the percentage of impairment of the body part in question based on the American Medical Association's Guides to Evaluations of Permanent Impairment.

If the injured worker thinks the percentage determined is too low, he can object to that finding and opt for examination by his own doctor. The hearing officer then examines the findings by the doctors and determines the percentage of impairment. That percentage is the basis of any compensation the worker would receive.

The percentage of disability determined by the hearing officer is used to calculate the award paid based on a formula employed by the BWC.

An example of an injury that would be the basis of a permanent partial disability claim would be a worker who gets burned on the job and is left with permanent scar tissue. A percentage of disability would be determined to calculate the award paid to the worker.

If you've been injured on the job, call our office at 800.637.8170 to request your free copy of The Ohio Work Injury Book.

Ted Kranz loses life in Toledo tornado | Toledo, Ohio injury lawyers

blog@www.charlesboyk-law.com (news Author)15376 — Mon, 07 Jun 2010 08:00:00 EST

Our Toledo, Ohio personal injury lawyers were saddened to learn that Ted Kranz was tragically killed by a tornado over the weekend in Millbury, Ohio.

A father of three, Ted was all set to watch his daughter, Katie, speak at Lake High School's graduation, where she was valedictorian.

To read more about the Kranz family, view the article below, courtesy of www.aol.com:

He was a proud father of three who always watched his kids' games and was doing well with his own small company. Just hours before his daughter Katie was to speak at her graduation Sunday as the high school valedictorian, Ted Kranz was killed by a tornado that ripped through northwest Ohio.

Kranz was one of seven people killed by the storm in Lake Township, south of Toledo, over the weekend. The tornado, Ohio's strongest in eight years, also caused about $100 million in damages and ruined or severely damaged 100 houses, including Lake High School, Wood County emergency management director Brad Gilbert said today.

Kranz, 46, had been in the basement with his family Saturday but left to turn on a generator in the garage to keep a sump pump working, his brother, Tim Kranz, said on NBC's "Today" show. He apparently was killed by debris outside the house.

"He left to go to the garage to hook up the generator and make sure there was going to be no water in the basement," Kranz said. "He also wanted to get one of the family dogs that was not down with them."

The act -- to protect his family -- was characteristic of his brother, Tim Kranz said.

"Ted was a very loving father and family man, a very passionate businessman," Tim Kranz said. "This was very typical of Ted to do that."

Ted Kranz was seen in a family photo wearing a wide smile and a University of Michigan cap -- the school where Katie is headed to study pharmacology, Tim Kranz said on "Today."

"He was just ecstatic about that," Tim Kranz said.

Now, with her father gone and Lake High School ruined by the twister, graduation is to be held Tuesday at a Toledo community college.

"I think she can just take comfort from the years of parenting and fathering that he could give all of the kids," Kranz said. "Now I think she'll try her best to pursue her career and do as good as she can."

Ted Kranz started his own small business, Digi-Tise, about five years ago, leaving a job as a computer programmer, his brother told the Toledo Blade.

"Even with the tough economy, he was just turning the corner and things were just starting to take off," Tim Kranz told the paper.

Kranz, one of seven siblings, played tennis and basketball until college, when his diabetes got worse, Tim Kranz told the Blade. But he was devoted to his children's athletics, and never missed their events, he said.

Jim Witt, the Lake Township schools superintendent, told the Blade: "They don't make families any better than the Kranzes."

"The parents are terrific, the kids are terrific, it's a loss to our school family and to our community because Ted was an absolutely outstanding man who was devoted to his family, supported our community, supported our schools," he told the paper. "He'll be missed."

The tornado, part of a batch of strong storms that hit the Midwest, also destroyed the police administration building in Lake Township. The twister had a preliminary rating of 3 on a 0-5 scale, with a 5 being the most severe. Storms that rate a Category 3 can have wind speeds of 136 to 165 mph.

According to the Blade, among the seven fatalities in Ohio were a 4-year-old boy and his mother, a 21-year-old woman trying to take cover at a police station, and a woman in her 50s struck by debris while driving.

Meanwhile, power crews were working to restore electricity to about 1,000 blacked-out customers, and residents tried to salvage belongings from the rubble.

At the site of the Kranz home, all that was left was the water- and debris-filled foundation. One girl plucked a teddy bear and jewelry box from the muddy water.

Millbury, Ohio resident Ted Kranz tragically killed by tornado | Toledo, Ohio injury accident lawyers

blog@www.charlesboyk-law.com (blog Author)32955 — Mon, 07 Jun 2010 08:00:00 EST

Our Toledo, Ohio injury accident lawyers were saddened to hear that Ted Kranz of Millbury, Ohio lost his life in this past weekend's tornado. Our thoughts and prayers are with his family during this difficult time.

Mr. Kranz was a husband, father of three, and local small business owner, whose daughter, Katie, was scheduled to give her valedictorian speech Sunday at Lake High School. The graduation ceremony was cancelled due to the damage that the tornado caused to the school.

According to the Toledo Blade, Mr. Kranz, one of eight children, was a graduate of St. John's Jesuit High School and completed an associate degree in data processing technology from the University of Toledo in 1985. He recently launched a company called Digi-Tise, where he would sell plasma TVs to local businesses to market their products and services.

Click here for more information on Ted Kranz and the Millbury, Ohio tornado.

What happens if I'm hurt at work? | Toledo, Ohio workers' comp lawyers

blog@www.charlesboyk-law.com (blog Author)32792 — Thu, 03 Jun 2010 08:00:00 EST

Our Toledo, Ohio workers compensation lawyers understand that many people don't think about what would happen if they were hurt on job, let alone how they would pay their bills.

   Usually, people who are injured only have to stay off the job for a relatively short period of time.

   Fortunately, people can recover from these injuries and get back to work.

   Temporary total disability helps replace wages lost for those who are unable to work for a certain period of time.

   For example, if a worker had a pallet fall on his foot that prevented him from doing his job until he recovered from his injuries, temporary total would be the proper claim to file.

   The injured worker must miss eight consecutive days in order to qualify for temporary total disability.

For the first 12 weeks of disability, injured workers receiving their full weekly wage.

   That figure is based on the average of the gross wages earned during the six weeks prior to the injury.

   After three months, a claimant receives 66 2/3 of his average weekly wage. In this situation, the average weekly wage is calculated based on the worker's average gross wages for one year prior to the injury.

To read more on this subject, check out our next blog on workers' compensation, or call 800.637.8170 to request your free copy of The Ohio Work Injury Book.

Employees face jail time for nursing home neglect | Toledo, Ohio nursing home neglect lawyers

blog@www.charlesboyk-law.com (blog Author)32703 — Wed, 02 Jun 2010 08:00:00 EST

Our Toledo, Ohio nursing home neglect lawyers were shocked to read a recent article in the Jere Beasley Report about a California nursing home's incidences of abuse. According to the state prosecutors, when residents at the Kern Valley Nursing Home complained or annoyed nursing director Gwen Hughes, she chemically restrained them with powerful anti-psychotic drugs. The director restraints were so severe that three residents at the facility died. One resident was given a powerful anti-seizure drug that, according to the state, killed her.

Three nursing home officials appeared recently at a hearing on charges of elder abuse at the Kern Valley Facility from 2003-2007. They included Gwen Hughes, as well as the administrator and staff physician. While the three Defendants pleaded not guilty, each faces up to 11 years in prison.

While what happened in the rural California nursing home may be an extreme case, experts say over-drugging is common nationwide. They say that they number of nursing home residents who are given these drugs is rising. It has been estimated that nursing homes give anti-psychotic to one in every four patients. Some suggest that the drugs are replacing physical restraints, which are now illegal except as a last resort.

If you or someone you know has a loved one who is a victim of nursing home abuse or neglect, please contact our office for more information at 800.637.8170. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Choose the right nursing home to avoid nursing home accidents

blog@www.charlesboyk-law.com (blog Author)32420 — Fri, 28 May 2010 08:00:00 EST

Here at Charles E. Boyk Law Offices we receive phone calls from concerned family members who have questions about how to choose the right nursing home for a loved one. This is an extremely tough decision, and it often has to be made on short notice.

One website that helps families choose is www.medicare.gov/NHCOMPARE. This is an excellent tool to find and compare nursing homes across the country. The website contains new implemented Five-Star Quality Rating System for nursing homes. The Five-Star System provides nursing home ratings based upon three sources:

·        Health inspections
·        Staffing levels
·        Quality measures

Making sure that your loved one is well taken care of in their nursing home is the best way to avoid nursing home injuries and accidents. If your loved one has suffered an injury from an accident in a nursing home, call 800.637.8170 for your free consultation and case evaluation.

Avoid nursing home negligence by choosing right facility | Toledo, Ohio nursing home negligence lawyers

blog@www.charlesboyk-law.com (blog Author)32421 — Fri, 28 May 2010 08:00:00 EST

The Medicare system we just discussed that helps families compare nursing home facilities provides a star rating for each category and a combined score in the form of an overall rating. The categories are Health Inspections, Staffing Levels, and Quality Measures.

The website, www.medicare.gov/NHCOMPARE, is also extremely helpful in that you can identify nursing homes by state, county, or city. You can research the Five-Star Quality Ratings for all nursing homes in a particular geographic area.

One can actually print out a "Nursing Home Checklist" which provides information about what to look for and what questions to ask when visiting a prospective nursing home. Along with this information, persons seeking a good, safe nursing home should be able to make an informed decision about the level of care offered by a facility.

Like our Toledo, Ohio nursing home negligence lawyers have said in previous blogs - choosing the right nursing home could help avoid injury accidents. If an accident has occured, call 800.637.8170 for your free case evaluation and consultation.

Hazards at work increase risk for work injury | Toledo, Ohio work injury lawyers

blog@www.charlesboyk-law.com (blog Author)32422 — Fri, 28 May 2010 08:00:00 EST

According to a recent article in the Jere Beasley Report, defectively designed machines account for hundreds of injuries to workers each year. Our Toledo, Ohio work injury lawyers also see these types of accidents on a regular basis.

Unfortunately, unguarded machine hazards can result in lost limbs, crush injuries and even death. There are three things that proper design of a machine must consider. Here is the first:

· The first deals with designing to eliminate a defect in order to prevent a hazard. If the hazard can't be designed out, then the hazard must be guarded.

If you or someone you know has suffered a serious work injury, you need information. Contact our lawyers at 800.637.8170 for your free copy of The Ohio Work Injury Book.

Machine design hazards can cause serious work injuries | Toledo, Ohio work injury lawyers

blog@www.charlesboyk-law.com (blog Author)32425 — Fri, 28 May 2010 08:00:00 EST

If there is a hazard in the design of a machine, the chances for a serious work injury skyrocket. Our Toledo, Ohio workers' compensation lawyers see cases involving the serious injury of workers on a regular basis, and many times the injury is due to faulty or hazardous equipment.

In order for a machine to be properly designed, the following must be in place:

- There must be a warning on the machine. Entrapment hazards must be eliminated or effectively guarded before a machine is placed in the stream of commerce. Machine and OSHA standards mandate this requirement.

- Original manufacturers and designs fail to perform a safety analysis, and an unguarded hazard exists, machine operators can be severely injured or killed. Because machines have long shelf lives and are commonly sold numerous times, it's always necessary and very important to consider whether a previous owner or another entity modified the machine in question.

If you have been injured on the job, call 800.637.8170 for your free copy of The Ohio Work Injury Book.

Crane accidents occuring more in US | Toledo, Ohio work injury lawyers

blog@www.charlesboyk-law.com (blog Author)32444 — Fri, 28 May 2010 08:00:00 EST

A recent article in the Jere Beasley Report stated that there has been a rash of crane-related fatalities occurring all around the country in recent months.

As a result, Congress is pushing for a stronger federal safety standard, one that is badly needed. Clearly, because the crane-related deaths are taking place at US construction sites, OHSA should be much more involved in seeing that an adequate standard is adopted.

Crane accidents can have devastating consequences, and often result in fatalities. Our Toledo, Ohio work injury lawyers handle cases involving heavy construction equipment on a regular basis, and they have seen the devastation that accidents involving heavy machinery can cause.

Call 800.637.8170 for your free copy of The Ohio Work Injury Book if you've been injured on the job.

Workplace safety violations can cause serious injuries | Toledo, Ohio workers' comp lawyers

blog@www.charlesboyk-law.com (blog Author)32010 — Fri, 21 May 2010 08:00:00 EST

According to the Jere Beasley Report, U.S. regulators have fined British oil giant BP PLC $3 million, citing safety problems at its Toledo, Ohio, refinery. This came some four months after the government imposed a record penalty on the company over its refinery in Texas.

The fines show the tougher safety stance being taken by the Obama administration. BP is working to improve safety at its plants since a 2005 explosion at Texas City, Texas, that killed 15 people and injured 170. The U.S Department of Labor's Occupational Safety and Health Administration cited the Toledo refinery, which is jointly owned by BP and Canada's Huskey Energy Inc., with 42 alleged willful violations and 20 alleged serious violations for exposing workers to safety hazards.

OSHA began an inspection of the Toledo facility last September to see if BP had complied with a settlement agreement reached after a previous check in 2006. BP was found to be in compliance, but OSHA said it found other violations that weren't covered by the original settlement.

Last October, OSHA hit BP with an $87 million fine, the largest in the agency's history, for failing to correct safety problems identified after the 2005 explosion at Texas City. The agency cited 270 "notifications of failure to abate" and 239 new willful violations for failures to "follow industry-accepted controls on the pressure relief safety systems" - a citation that the recent action on Toledo echoed.

These citations occurred before the April 20, 2010 BP offshore drilling rig explosion that killed 11 platform workers and injured 17 others. To date, the oil continues to spill into the ocean, at a rate of approximately anywhere between 5,000 and 100,000 barrels of crude oil every day.

Our Toledo, Ohio workers' compensation lawyers understand that serious injuries can occur when there are safety violations at the workplace. If you have suffered a serious work injury, call 800.637.8170 for your free copy of The Ohio Work Injury Book.

Space heaters and camping don't mix | Toledo, Ohio defective products lawyers

blog@www.charlesboyk-law.com (blog Author)31848 — Wed, 19 May 2010 08:00:00 EST

As summer vacation nears, the number of families who go camping increases. Evenings can be cold, especially in beginning summer months, and space heaters may be used in camper and tents.

Our Toledo, Ohio defective lawyers want to remind consumers that home space heaters can be very dangerous. They must be used properly in order for families to avoid serious and potentially fatal accidents caused by fires.

Here are some tips that the Consumer Product Safety Commission (CPSC) offers on using home space heaters, compliments of the Jere Beasley Report:

- Place space heaters on a level, hard and nonflammable surface (such as a ceramic tile floor), not on rugs or carpets or near bedding or drapes.
- Keep the heater at least three feet from bedding, drapes, furniture and other flammable materials.
- Keep children and pets away from space heaters.
- To prevent the risk of fire, don't ever leave a space heater on when you go to sleep or place a space heater close to any sleeping person.
- Always turn the heater off if you leave the area. Never use gasoline in a kerosene space heater.

All of us should heed these warnings and follow the safety recommendations from the CPSC. If you have been injured by a defective product, you need information. Contact our office at 800.637.8170 for your free consultation and case evaluation.

Have a similar case? Call our Toledo, Ohio personal injury lawyers

blog@www.charlesboyk-law.com (blog Author)31459 — Thu, 13 May 2010 08:00:00 EST

Check out the recent cases of interest that our Toledo, Ohio personal injury lawyers are handling. If you or someone you know has suffered injuries similar to the ones mentioned below, do not hesitate to contact our office at 800.637.8170 for your free case evaluation and consultation.

77-year-old woman is not properly restrained by attendant in a nursing home harness, causing her to fall and shatter her femur. The leg break required surgery and numerous rods, pins, and screws in her leg.

30-year-old woman is sideswiped during her 37th week of pregnancy. The accident has caused an overnight hospital stay and special testing for the unborn baby, as well as the need for physical therapy.

24-year-old woman is hospitalized after a CAT scan shows a blood clot on each lung, less than two months after she starts taking the generic for Yaz birth control.

85-year-old women is given a bath by one nursing home attendant, when there should have been two. She fell, causing a fractured right ankle and a broken right leg.

Toledo, Ohio personal injury lawyers handle all types of cases

blog@www.charlesboyk-law.com (blog Author)31432 — Wed, 12 May 2010 08:00:00 EST

Our Toledo, Ohio personal injury attorneys handle cases involving all types of injury accidents in Ohio.

We want readers to know that they can come to us with any type of problem that they may have, regardless if they think we specalize in that area. If we can't help you, we will find you a reputable attorney who can.

We have compiled a list of recent cases that we are handling so that readers can get an idea of how help our clients:

13-year-old girl is struck by a car while walking in crosswalk on way to school. She suffered a fracture at the base of her spine, a concussion, a fractured pelvis, and a fracture to her left arm.

49-year-old woman is struck head-on in a car accident, causing severe injuries, including a chipped vertebrae and a shattered elbow, which required reconstructive surgery and a recovery time of at least four months.

26-year-old passenger in a vehicle that was T-boned was rushed via ambulance to local hospital. After initial evaluation by the ER staff, he was transported to UTMC for a fractured femur. He has had to undergo three surgeries and months of physical therapy.

3-month-old baby girl suffocates to death after the baby bassinet she is sleeping in collapses.

32-year-old woman suffers permanent vision damage from a blood clot in her eye. This retinal artery occlusion was caused by her Yaz birth control pills.

If you have been injured due to the negilgence of another person, you need information. Call our lawyers at 800.637.8170 for your free consultation and case evaluation.

Toledo, Ohio dog bite injury lawyer Mike Bruno on pit bull adoption

blog@www.charlesboyk-law.com (blog Author)31138 — Thu, 06 May 2010 08:00:00 EST

Toledo, Ohio dog bite injury lawyer Mike Bruno was recently interviewed by Channel 11 WTOL on pit bull adoption. Read the story below, or click above to watch the video.

TOLEDO, OH (WTOL) - Now that the Toledo Humane Society has approved the adoption of pit bulls, people want to know who's responsible if a pit bull attacks and injures someone.

A downtown Toledo attorney says a pit bull is responsible for injuries to 8-year-old Mariah Nierman but that no one can be forced to pay for her pain and suffering.

Mariah was visiting a friend in east Toledo last October when a pit bull severely injured her right hand and wrist. She needed multiple stitches and will be permanently scarred.

"Someone should be responsible... for the medicals, for the pain and suffering," said attorney Mike Bruno, who represents Mariah and her family. He says the pit bull owner had no renter's insurance and the landlord is in Minnesota and will not pay. He says the family has thousands of dollars in hospital bills with no one required to pay them.

Bruno also says insurance companies won't offer high-risk coverage to protect future pit bull owners.

But Humane Society Director John Dinon believes the new and strict requirements for adopting pit bulls -- like proving liability coverage -- will prevent problems. He says the liability question has been thoroughly investigated.

"I think it's seven or eight companies that don't distinguish between pit bulls and other dogs," Dinon said. "So there is insurance out there if you are interested in adopting a pit bull."

Bruno remains skeptical and says new pit bull owners could get the coverage then fail to pay the continuing premiums.

Forklift causes work place injury accident | Bowling Green, Ohio work injury lawyer

blog@www.charlesboyk-law.com (blog Author)31097 — Wed, 05 May 2010 08:00:00 EST

According to the Jere Beasley Report, a Georgia jury awarded a customer and his wife $1.5 million dollars in a lawsuit arising out of a forklift accident at a Home Depot store. Larry Reece alleged that a pallet of plywood fell on him from a forklift at the Marietta, Georgia, store in 2005, knocking him down and causing neck and spine injuries.

It was proven that the pallet fell 24 feet from the forklift. The wood hit a barricade that knocked Mr. Reece down, causing him to be trapped under the plywood. Home Depot made a settlement offer for punitive damages and Mr. Reece accepted the offer. The case went to a jury only on the issue of personal damages. Mr. Reece was unable to resume his work in residential construction after the accident.

If you or someone you know has been injured in an Ohio work place injury accident, contact our Toledo, Ohio personal injury lawyers for more information. Call 800.637.8170 for your free case evaluation.

Findlay, Ohio child accident injury lawyers on golf cart accidents

blog@www.charlesboyk-law.com (blog Author)30774 — Fri, 30 Apr 2010 08:00:00 EST

The number of people hurt in golf carts has more than doubled since 2007. Part of the problem is that the carts are faster than they used to be. But they are also being used in ways they were not necessarily intended for, and are carrying people - especially children - they should not, according to the Jere Beasley Report.

Over the period studied, the researchers counted injuries in almost 150,000 people ages two months to 96 years. In The American Journal of Preventive Medicine, the researchers said that from 1990 to 2006, the injury rate has doubled. Many of the injuries were caused by falls, which can occur at speeds as low as 11 miles per hour when the cart turns.

Golf carts should never be used by children. They should never be used at maximum speed, and cargo use should be limited.

If your child has been injured on or by a golf cart, request your free copy of Little Kids, Big Accidents to learn your rights. Our Findlay, Ohio child accident injury lawyers will provide you with a free case evaluation and consultation.

Fatal Ohio bus accident | Findlay, Ohio bus accident injury lawyers

blog@www.charlesboyk-law.com (blog Author)30771 — Thu, 29 Apr 2010 08:00:00 EST

Investigators for the National Transprotation Safety Board say confusing highway signs, driver error, and a lack of passenger safety features contributed to the deaths of five collge baseball players in the Atlanta bus crash in 2007.

According to the investigators, the bus driver thought he was getting on a HOV lane when he drove onto an elevated exit ramp, running through a stop sigh at highway speed and hurtling from an overpass onto the interstate below. The March 2^nd crash killed five members of the Ohio's Bluffton University baseball team and injured 28 others.

Nine accidents have occurred at the site between 1997 and 2007, including three fatal collisions. The drivers in all of the crashes were from outside the Atlanta area and therefore not familiar with the intersection.

Parents of several of the crash victims have called for stronger regulations on bus saftey, including more driver training, stronger roofs, shatterproof window glazing, and mandatory seat belts.

When someone is involved in an accident, the most important step they can take is to seek treatment immediately. It is also important for victims to document everything, and not speak with an insurance adjuster without first speaking with an experienced Findlay, Ohio car accident injury attorney. To learn more tips on what to do if you are injured in an accident, call 800.637.8170 to request your free copy of The Ohio Accident Book.

Space heater fires | Findlay, Ohio space heater lawyers

blog@www.charlesboyk-law.com (blog Author)30391 — Fri, 23 Apr 2010 08:00:00 EST

Home heating equipment is among the top causes of fires and CO poisonings. From 2003 through 2005, there was an annual average of 57,300 fires and 270 deaths associated with portable heaters, central heating systems, and fireplaces and chimneys. There were also about 68 deaths, on average, from carbon monoxide poisoning each year associated with these products.

The CPSC has recent put together a couple of recommendations that they urge consumers to do. Such as:

- Schedule a professional inspection each year of all fuel-burning home heating systems, including furnaces, boilers, fireplaces, wood stoves, water heaters, chimneys, flues and vents.

- Take precautions when using space heaters, fireplaces or other heating sources to help stay warm during the winter months.

- Install smoke alarms and carbon monoxide (CO) alarms in the home and check the batteries are fresh and working.

Many people in today's economy have been using the energy efficient space heaters verses the traditional home furnace to cut down on cost. But you should never sacrifice safety in order to save money.

If you have been injured by what you think may be a defective product, call our Findlay, Ohio products liability lawyers at 800.637.8170 for your free case evaluation and consultation.

Car accident injuries caused by cargo | Findlay, Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)30387 — Thu, 22 Apr 2010 08:00:00 EST

Our Findlay, Ohio car accident injury lawyers handle many cases where loved ones are lost in car accidents due to drunken driving or failure to yield at a traffic light. But in one case, as reported by Jere Beasley, a family lost a loved one due to cargo shifting forward in a GM cargo van, during a head-on collision. The woman would have walked away from the wreck but for being crushed by the cargo.

According to statistics, there are nearly 250 cargo-related injuries and fatalities every year. The hazard posed by unrestrained cargo and eliminating that hazard through known safety devices has, for the better part, been ignored by the automobile industry. GM now admits that its cargo vans, as designed and manufactured, are not safe to haul cargo. However, the company takes the position that it is up to drivers to make sure the cargo is properly stowed. GM does not provide information or warnings as to where consumers can acquire cargo-retentive devices.

If you or someone you know has been injured in a Findlay, Ohio car accident, call 800.637.8170 to request your free copy of The Ohio Accident Book.

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blog@www.charlesboyk-law.com (blog Author)30099 — Fri, 16 Apr 2010 08:00:00 EST

Kayla Irby attacked by pit bull | Toledo, Ohio dog bite lawyers

blog@www.charlesboyk-law.com (blog Author)30045 — Thu, 15 Apr 2010 08:00:00 EST

Who: Kayla Irby

What: Attacked by a pit bull, suffers serious dog bite injury

When: Thursday, April 15, 2010

Where: Toledo, Ohio

17-year-old Start High School student Kayla Irby was attacked by a pit bull while waiting for the school bus this morning. According to NBC 24, the pit bull attack happened a little before 8am on Upton Avenue in Toledo, Ohio. The dog bite caused deep wounds to her thigh, and injuries to her hand.

Our Toledo, Ohio dog bite lawyers handle cases involving serious dog bite injuries on a regular basis. They urge dog bite victims to follow the following steps after being bit, in order to ensure proper compensation:

1. Seek treatment immediately

2. Notify the local authorities and dog warden

3. Document the injuries and the place that the dog attack occured by taking photographs

To read the rest of the steps, visit www.ohiodogbitebook.com to download your free copy of The Ohio Dog Bite Book.

Toledo, Ohio work injury lawyers | Serious Ohio work injuries

blog@www.charlesboyk-law.com (blog Author)29998 — Wed, 14 Apr 2010 08:00:00 EST

Our Toledo, Ohio work injury lawyers know hw devastating a work injury can be. Take for instance the case below from the Law Reporter.

Dean, 31, who had worked at a Pallet-manufacturing plant for only five days was crushed in a pallet press and killed instantly. The pallets are made by exposing chipped and processed wood to high heat and pressue within hydraulic presses. One of the presses needed maitence, requiring Dean to sit iniside the press to perform the work.

Rather than the supporing raised press - which weighed 35,000 pounds - with the die blocks recommended by the press manufacturer, the only means of support provided were two narrow, hallow pipes placed between the ram and the top of the press. The hallow, and narrow pipes gave way and the top press crashed down on Dean, killing him instantly.

Dean's estate sued the pallet manufacturer that employed him, alleging it violated state and common law international tort statutes in that it deliberately removed safety equiptment or guards, providing a rebuttable presumption that the removal was committed with intent to injure another.

If you or someone you know has been injured in an Ohio work place accident, contact our Toledo, Ohio personal injury lawyers for more information. Call 800.637.8170 for your free case evaluation.

Bus accident injuries | Toledo, Ohio bus accident injury lawyers

blog@www.charlesboyk-law.com (blog Author)29757 — Fri, 09 Apr 2010 08:00:00 EST

Our Toledo, Ohio car accident injury lawyers handle serious injury accidents on a regular basis.

Some of those serious accidents involve mass transportation. For example, investigators for the National Transportatation Safety Board say confusing highway signs, driver error and a lack of passenger safety features contributed to the deaths of five collge baseball players in the Atlanta bus crash last year.

According to the investigators, the bus driver thought he was getting on an HOV lane when he drove onto an elevated exit ramp, running through a stop sigh at highway speed and hurtling from an overpass onto the interstate below. The March 2^nd crash killed five members of the Ohio's Bluffton University baseball team and injured 28 others.

Nine accidents have occurred at the site between 1997 and 2007, including three fatal collisions. The drivers in all of the crashes were from outside the Atlanta area and therefore not familiar with the area.

Parents of several of the crash victims havce called for stronger regulations on bus saftey, including more driver training, stronger roofs, shatterproof window glazing and mandatory seat belts.

When someone is involved in an accident, the most important step they can take is to seek treatment immediately. It is also important for victims to document everything, and not speak with an insurance adjuster without first speaking with an experienced Ohio bus crash accident injury attorney.

To learn more tips on what to do if you are injured in an accident, call 800.637.8170 to request your free copy of The Ohio Accident Book.

Nursing home abuse | Toledo, Ohio nursing home abuse lawyers

blog@www.charlesboyk-law.com (blog Author)29685 — Thu, 08 Apr 2010 08:00:00 EST

Our Toledo, Ohio nursing home injury lawyers want to educate readers on the dangers of nursing home abuse and the signs to look out for.

More than 90% of the country's nursing homes were cited for violations of federal health and safety standards last year. For-profit homes were more likely to have problems than other types of nursing homes, according to a report by the federal investigators. About 17% of nursing homes had deficiencies that caused "actual harm or immediate jeopardy" to patients, according to the report by Daniel R. Levinson, the inspector general of the Department of Health and Human Services. Inspectors received 37,150 complaints about conditions in nursing homes last year.

Problems included:

Infected bed-sores
Medication mix-ups
Poor nutrition
Abuse and neglect of patients

The Toledo, Ohio nursing home abuse and neglect lawyers at our firm represent nursing home residents and their families in lawsuits against nursing homes and residential care facilities. There are strict laws and regulations to protect the safety and welfare of these residents.

Unfortunately, nursing home patients do not always receive appropriate care and the results can be severe and are often deadly.

When an elderly person moves into a nursing home, the family places a tremendous amount of trust in the facility and its staff. If the patient is injured or dies due to improper treatment and neglect, that person or his or her family should explore taking action against the facility.

Learn about the different types of elder abuse in our next blog, or call our Toledo, Ohio nursing home abuse lawyers at 800.637.8170 for your free consultation and case evaluation if this has happened to you or someone you love.

Rumble strips may decrease Ohio car accidents | Toledo, Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)29401 — Fri, 02 Apr 2010 08:00:00 EST

Our Toledo, Ohio car accident injury lawyers see cases involving horrific car accidents on a regular basis.

Pinpointing liability and who is responsible for the accident is usually clear cut, but many times the accidents could have been avoided.

Read this excerpt from Reader's Digest about rumble strips on highways:

Rumble Strips and Stripes

Grooved sections loudly announce when tires veer off course. Shoulder strips lower crashes by some 20 percent on freeways.

If you or someone you know has been injured in an Ohio car accident, call 800.637.8170 to request your free copy of The Ohio Accident Book.

Can longer yellow lights help with car accidents? | Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)29068 — Sun, 28 Mar 2010 08:00:00 EST

Our Findlay, Ohio car accident injury lawyers handle cases on a regular basis that involve drivers running red lights and striking another car.

Many times these types of accidents result in serious injuries like whiplash, back and neck injuries, broken bones, or the need for physical therapy.

That is why we were interested to read in a recent edition of Reader's Digest a statistic on the length of yellow lights and their effect on drivers. According to the article, a professional engineer from Department of Transportation's Federal Highway Administration named Hari Kalla revealed this surprising statistic:

Roads that have longer yellow lights are safer. Adding one second to yellow lights can reduce redlight violations (which often result in car accidents) by as much as 50 percent.

If you have been injured by a driver who ran a red light and caused an Ohio injured car accident, call 800.637.8170 to request your free copy of The Ohio Accident Book.

Car accident Douglas and Oakwood | 2 ejected from car | Toledo, Ohio car accident lawyer

blog@www.charlesboyk-law.com (blog Author)28921 — Thu, 25 Mar 2010 08:00:00 EST

Our Toledo, Ohio car accident attorneys see cases involving serious injury accidents a daily basis, and want to remind readers about their rights after a car accident.

Take for instance the recent car accident on Douglas and Oakwood in Toledo, which caused seven people, majority of them University of Toledo students, to be taken to local hospitals.

The accident occurred on March 22, 2010, when a Jeep turned in front of an oncoming car. Two women were ejected from their vehicles. Victims who were taken to the hospital include Lindsay Roenick, Emily McIlwain, Anna Krob, Jon Vaulhn, Sheron Allen, and Ciera Charles.

When someone is involved in an accident, the most important step they can take is to seek treatment immediately. It is also important for victims to document everything, and not speak with an insurance adjuster without first speaking with an attorney. To learn more tips on what to do if you are injured in an accident, call 800.637.8170 to request your free copy of The Ohio Accident Book.

Injured in a Findlay, Ohio car accident? | Findlay, Ohio car accident attorneys

blog@www.charlesboyk-law.com (blog Author)28926 — Thu, 25 Mar 2010 08:00:00 EST

What do you do in an emergency situation while driving?

Our Findlay, Ohio car accident injury attorneys help clients on a regualr basis who have been injured in car crashes that were not their fault. We encourage all drivers to be safe on the roads, but you also have to rely on the driving habits of the people woh you share the road with.

Read another driving tip from driving instructor Walter Irvine, as seen in Reader's Digest:

What if a car is tailgating you and honking wildly?

Pull over and let them by. It might also be a good idea to take down their license plate number and description of their car and call the police.

Call 800.637.8170 to order your free copy of The Ohio Accident Book if you or someone you know has been injured in a car accident.

Avoid Toledo, Ohio car accident injuries | Bowling Green, Ohio car accident attorneys

blog@www.charlesboyk-law.com (blog Author)28653 — Fri, 19 Mar 2010 08:00:00 EST

Virtually all of the car accident injuries that our Bowling Green, Ohio car accident injury lawyers see are due to the negligence of another driver. But sometimes there are other distractions or incidents that occur that are beyond your control, even though they don't involve someone else.

Check out these "What if...?" tips, compliments of Reader's Digest and Walter Irvine, an instructor at the Skip Barber Racing Schol, that explain what to do if something bad is about to happen while you are behind the wheel.

What if a car is heading straight toward you in your lane?

Try to get their attention [honk, flash your lights], but also look ahead and plan for an evasive reaction. Do not stare at the oncoming vehicle, because your car follows your line of sight. Look where you want to go, not where you are heading.

Injured in an Ohio car accident? Call 800.637.8170 to request your free copy of The Ohio Accident Book.

Nursing home abuse more common than we think | Toledo, Ohio nursing home neglect lawyers

blog@www.charlesboyk-law.com (blog Author)28530 — Wed, 17 Mar 2010 08:00:00 EST

The extended life expectancy in the United States has made it harder and harder for families to take care of the elderly members of their family. Many families have had to rely on the help of nursing homes or in-home caretakers to care for their loved ones.

What is scary, however, is the number of elders in the US who are abused or neglected in nursing homes, or by their caretakers, without their children or grandchildren knowing.

Abuse can happen in an isolated incident, and our Findlay, Ohio nursing home neglect lawyers handle cases involving these incidents on a regular basis.

For example, at 85-years-old, our client and her family depended on the nursing home staff to take proper care of her and her needs.

But during a routine bath, our client only had one attendant helping her instead of the required two, after one of the attendants got called away. Only one of the attendants was certified, which is also against company policy.

Our client slipped out of the bath chair due to lack of support, and fractured her right ankle and broke her right leg.

This incident happened after the first week of November, and sadly, our client passed just six short weeks later.

Elder abuse does not have to cause broken bones or bruises for it to happen or for it to be against the law. Abuse can include emotional abuse, exploitation, neglect, abandonment, and physical abuse.

Learn about the different types of elder abuse in our next blog, or call our Toledo, Ohio nursing home abuse lawyers at 800.637.8170 for your free consultation and case evaluation if this has happened to you or someone you love.

Toledo, Ohio dog bites injury victims are victims twice | Findlay, Ohio dog bite lawyers

blog@www.charlesboyk-law.com (blog Author)28158 — Fri, 12 Mar 2010 08:00:00 EST

In light of the recent news coverage on Ohio dog bite injuries and the adoption of pit bull puppies from the Lucas County Dog Warden's office, our office performed research to find out if homeowners' policies would cover a victim in the event of a pit bull dog bite injury.

It is very difficult to find an insurance company that would write a policy to cover a pit bull living in the home. That means that if that pit bull were to bite someone, the insurance policy would not cover his or her injuries.

"In my 26 years of representing dog bite victims, the majority of the injuries come from pit bull bites," Attorney Chuck Boyk said. "And yet there is hardly ever insurance coverage because companies just won't write pit bulls into the policies."

   Our office spoke with three different local insurance agents and found:

   • Almost ALL homeowner's insurance policies will not write the policy if there is a pit bull or pit bull mix living in the household.

   • If the policy is written for a household including pit bulls, any and all injuries resulting from the pit bull's actions will be denied coverage.

If you have suffered serious injury from an Ohio dog bite, call our Bowling Green, Ohio dog bite injury lawyers at 800.637.8170 to order your free copy of The Ohio Dog Bite Book.

Ohio work accident causes serious injury | Bowling Green, Ohio work injury lawyer

blog@www.charlesboyk-law.com (blog Author)28088 — Thu, 11 Mar 2010 08:00:00 EST

Our No Win No Fee Lawyers in Ohio recently filed a case involving an Ohio injured worker in the Lucas County Court of Common Pleas.

The Ohio work injury occured when our client was not properly trained to handle a piece of equipment he was instructed to use. The equipment stalled and started to move out of control, forcing our client to jump fromt he machine. He the injuries he suffered to his ankle required surgery and he also suffered bleeding on his brain.

Read more about this tragic Ohio work injury accident handled by our lawyers. Also avialable is our Ohio Work Injury Book.

New rules affect Ohio dog bite injury victims | Bowling Green, Ohio dog bite injury lawyers

blog@www.charlesboyk-law.com (blog Author)27776 — Fri, 05 Mar 2010 08:00:00 EST

Our Bowling Green, Ohio dog bite injury attorneys were interested to learn that the Supreme Court of Ohio ruled this year that an Ohio dog bite injury victim may pursue claims two ways - under Ohio's specific dog bite statute, R.C. 955.28, and under common law negligence.

So what does this mean to dog bite owners? Now Ohio dog bite injury victims don't have to choose between how they seek compensation.

This rule stemmed from a minor child who suffered serious Ohio dog bite injuries to her head and scalp after being mauled by a dog while visiting the dog owners. According Justice Stratton, of the Supreme Court of Ohio:

"When the plaintiff [Ohio dog bite victim] pursues both a statutory and common law claim for bodily injuries caused by a dog, a judge can easily instruct the jury that if it finds no evidence of the defendant's knowledge of the dog's viciousness, then only compensatory damages under the statutory cause of action are available. In that case, the plaintiff is entitled to compensatory damages to be made whole under the intent of the statute...(A) judge can just as easily instruct the jury that if it finds that the plaintiff proved that the defendant had knowledge of the dog's viciousness and kept the dog in a negigent manner, the jury may award the additional remedy of punitive damages under the common law action. Compensatory damages remain the same under wither theory of recovery, i.e., there there is no double recovery. The remedies are not inconsistent under the law."

If you or someone you know has suffered serious Ohio dog bite injuries, order your free copy of The Ohio Dog Bite Book today by calling 800.637.8170.

Johnson & Johnson recall | Ohio products liability lawyers

blog@www.charlesboyk-law.com (blog Author)27671 — Wed, 03 Mar 2010 08:00:00 EST

Our Findlay, Ohio products liability lawyers are always on the lookout for recalled medications in order to warn the community of their possible dangers.

For the second time in less than one month, Johnson & Johnson Company, the makers of Tylenol, have added another medication to the recall list of over-the-counter medication. The recall now includes select batches of regular and extra-strength Tylenol, children's Tylenol, eight-hour Tylenol, Tylenol arthritis, Tylenol PM, Children's Motrin, Motrin IB, Benadryl, Rolaids, Simply Sleep and St. Joseph's aspirin. Additionally, caplet and geltab products from North and South America, United Arab Emirates, along with Fiji were recalled.

Medication was initially reported because consumers were reporting a moldy smell that had made a few consumers sick. This past November, Johnson & Johnson's McNeil Consumer Healthcare Products announced a recall on select Tylenol Arthritis Caplets due to the reported smell that was causing diarrhea, nausea, stomach pain, and vomiting.

According to the FDA, McNeil Consumer Healthcare did not move fast enough on recalling the defective medication. The company was aware of the issues in early 2008, however they did not conduct a full investigation, according to the FDA. The agency reported that around 70 people were sickened by the smell or at least noticed the odor of the medication. The Director of the FDA's Office of Compliance of the Center for Drug Evaluation and Research said that the company should have reacted sooner and that, "When something smells bad, literally or figuratively, companies must aggressively investigate and take all necessary action to solve the problem."

A warning was sent the McNeil Consumer Healthcare for violation of manufacturing standards and failing to report and investigate the problem in a timely manner. The FDA is demanding an explanation as to why the problem was not publically announced earlier. To get a complete list of the recalled medications, please check out our Findlay, Ohio lawyers' Tylenol recall list.

Knee injury from Ohio car accident | Lawyer for Ohio car accident injury

blog@www.charlesboyk-law.com (blog Author)27366 — Fri, 26 Feb 2010 08:00:00 EST

Have you suffered a knee injury in an Ohio car accident? What happens if you have little to no property damage to your car? Are you still entitled to compensation for your medical bills?

Our Ohio car accident lawyers encourage you to check out the story of one of our clients who suffered more than the minor whiplash when she was rear-ended. She sustainted serious injury to her right knee, which resulted in surgery and the need for physical therapy.

If you or someone you know has been injured in an Ohio car accident, order your free copy of The Ohio Accident Book to learn your rights after an Ohio car accident.

Ohio worker injury by carpel tunnel syndrome | Ohio workers' comp lawyer | FELA

blog@www.charlesboyk-law.com (blog Author)27370 — Fri, 26 Feb 2010 08:00:00 EST

Are you an Ohio worker suffering from carpel tunnel syndrome?

Our Ohio workers' compensation lawyers handle cases involving work injuries on a regular basis.

Take for instance the lawsuit we recently filed in the U.S. District Court for the Northern District of Ohio Western Division against CSX Transportation. Our client was continuously unaware of the dangerous effects of the vibration, excessive exertion, awkward postures and repetitive motions of the equipment he was required to use for his job. That dangerous exposure was the cause of severe and permanent injury to his hands, wrists, elbows, shoulders, upper extremities and nervous system, including a severe case of carpel tunnel syndrome.

If you or someone you know has suffered similar injuries, or any other type of Ohio work injury, contact our Ohio work injury lawyers at 800.637.8170 for your free copy of The Ohio Work Injury Book.

Ohio child accident with lawn mower | Ohio child accident attorneys

boykadvertising@gmail.com (blog Author)26883 — Wed, 17 Feb 2010 08:00:00 EST

Our Toledo, Ohio child accident lawyers have recently filed a case in the Wood County Court of Common Pleas after a 3-year-old child sustained injuries while visiting his sister at her elementary school.

Our client and his mother exited the school building and while standing outside of the building, the 3-year-old boy was struck by a metal object that propelled from a lawnmower that was being operated on the school grounds. When the metal object struck him it immediately forced his legs out from underneath him and he fell to the ground landing on his face. He was taken to the Wood County Hospital Emergency Room where he was examined, x-rays were taken and twelve sutures were applied to his right leg and six butterfly stitches on his left leg. Our client was released into his mother's care and advised to follow up with a physician to have the sutures removed in approximately 10 days.

His mother took our client for follow-up visits with his primary care physician, the sutures were removed, and he was treated for an infection in the lacerated areas.

Due to the severity of the lacerations and the potential scarring, the boy was evaluated by a plastic surgeon. At the time of his examination, the plastic surgeon discussed with the boy's mother that the scars will remain raised and red for some time, but that luckily no plastic surgery intervention was necessary at this time.

Not only has our client suffered physical injury to his legs, he now has a fear of lawn mowers and is afraid to go outside when he hears one running.

If you or someone you know has a child who has suffered injury after an Ohio child accident, order your free copy of Little Kids, Big Accidents by calling 800.637.8170.

Fatal prescription errors are common | Ohio medical malpractice lawyers

blog@www.charlesboyk-law.com (blog Author)26657 — Fri, 12 Feb 2010 08:00:00 EST

Our Toledo, Ohio nursing home abuse lawyers urge caregivers and patients to double check prescriptions, especially those given to the elderly.

The Journal of Hospital Medicine has published a recent nationwide study that showed that nearly half of around 500,000 patients in hospitals that are 65 and older have been prescribed drugs at least once or even more than once, that are known to be unsafe for elderly people to use.

This is a serious issue and problem in our hospitals across the country. Health care professionals should be taking more precautionary steps to ensure that the medication that is being given to not only the elderly people in our society, but to everyone, are the proper prescriptions and are safe for use by the patient consuming the medication. For more information regarding this issue, please visit www.citizen.org.

Our Toledo, Ohio medical malpractice lawyers handle cases involving negligence or malpractice on a regular basis. If you or anyone you know are victims of medical malpractice, please contact our office today at 1.800.637.8170 for your free consultation and case evaluation.

Child accident at day care | Ohio child accident lawyer

blog@www.charlesboyk-law.com (blog Author)26423 — Tue, 09 Feb 2010 08:00:00 EST

Child accidents in daycares happen every day. Parents depend on daycare providers to treat their children as if they were caring for their own.

But sometimes the negligence of daycare providers can result in serious accident injuries.

Take for instance an incident mentioned in the Jere Beasley Report. According to the Report, a jury in Florida awarded an infant $3 million in damages after the baby boy's leg was broken at a Pinellas County KinderCare. The caregiver at KinderCare was frustrated that the baby wouldn't stay still while on the changing table and proceded to bend his leg back until it broke. The caregiver had a history of mistreating children, and the jury faulted KinderCare for not properly reprimanding her.

Daycare accidents and daycare abuse are serious problems that should not be taken lightly. If you feel that your child has been mistreated while under the watch of a child caregiver, contact our office at 800.637.8170 immediately for a free copy of Little Kids, Big Accidents, or to speak with an Ohio daycare accident lawyer.

Wrongful death suit filed after fire kills woman | Ohio wrongful death attorneys

blog@www.charlesboyk-law.com (blog Author)26451 — Tue, 09 Feb 2010 08:00:00 EST

A lawsuit was filed in federal court after a Wisconsin woman died in a house fire while on a fishing trip, according to the Jere Beasley report. A total of three people who were staying at the Big Horn Trout Shop's adjoining lodge died in the lodge fire. It is unknown how the fire started.

The lawsuit alleges that Big Horn Trout Shop Inc. wasn't equipped with adequate safety equipment, including a working in-room smoke detector. The family of the woman who died in the fire is also claiming that Big Horn failed to keep the premises reasonably safe by maintaining an adequaet fire safety system.

Our Ohio wrongful death lawyers are handling a similar case. We represent the estate of a 45-year-old man who died in a fire at his apartment building. The fire is still under investigation, but it is alleged that there were no smoke detectors where he was sleeping.

If you or someone you know has lost a loved one to tragic circumstances, contact our lawyers who handle wrongful death cases in Ohio at 800.637.8170 for your free copy of The Ohio Wrongful Death Book.

Ohio dog bite attorney on statute of limitations

blog@www.charlesboyk-law.com (blog Author)26124 — Wed, 03 Feb 2010 08:00:00 EST

Our dog bite lawyers in Toledo, Ohio see cases on a regular basis where a dog bite victim has waited too long after a dog bite injury to seek compensation.

In the State of Ohio, the statute of limitations for a dog bite claim is six years from the date of the dog bite.

If the individual was a minor, someone under the age of 18, under Ohio law, the six years does not begin until their 18^th birthday. So, for example, if a seven-year-old child was bitten by a dog, the six year statute of limitations does not run out until the age of 24, or six years after the 18^th birthday.

If you or someone you know has been bitten by a dog, it is very important to remember to seek treatment immediately and follow a set of steps in order to receive proper compensation for your injuries. You can read about these steps by ordering your free copy of The Ohio Dog Bite Book by calling 800.637.8170.

Sylvania child dies from car accident

blog@www.charlesboyk-law.com (news Author)12283 — Thu, 21 Jan 2010 08:00:00 EST

A Sylvania girl was killed early this morning after she was struck by an SUV in a fatal pedestrian car accident, according to the Toledo Blade. The girl, who is not being named at the present moment, was crossing the street to get on the school bus.

The girl attended Northview High School. The woman driving the SUV has not been identified, but according to the Blade, she is cooperating with authorities.

Read more about this tragic fatal car accident in Sylvania from the Toledo Blade.

Fatal car accident takes life of Sylvania Northview girl

blog@www.charlesboyk-law.com (blog Author)25400 — Thu, 21 Jan 2010 08:00:00 EST

Who: Morgan Duris, Sylvania Northview student

What: Fatal Ohio car accident

When: 7:00am, January 21, 2010

Where: Erie St. and Apple Meadow Dr., Sylvania, Ohio

Morgan Duris, a Sylvania Northview student, lost her life this morning after being struck by an SUV while crossing the street, according to the Toledo Blade. The Sylvania fatal car accident happened at 7:00am as she was attempting to get on the school bus.

While the driver of the SUV has been identified, the Blade reports that the woman driving the SUV has been cooperating with authorities.

Our Sylvania, Ohio wrongful death lawyers want this tragic fatal car accident to be a reminder to all drivers to be extra careful while driving in the morning, afternoon, and any other time that there may be more student pedestrians outside. Here are some tips to stay safe, and to keep pedestrian students safe:

1. Always mind the speed limit.

2. Slow down and be extra cautious at intersections.

3. Never, under any circumstances, text while driving.

4. Be on the lookout for school crossings, including school crossing guards.

If you or someone you know has lost a loved one in a tragic Ohio pedestrian car accident, you need information. Order your free copy of The Ohio Wrongful Death Book today.

Pit bull dog bites cause death | Ohio dog bite lawyers

blog@www.charlesboyk-law.com (news Author)12256 — Mon, 18 Jan 2010 08:00:00 EST

A Chicago man was found dead in his home after being mauled by more than one pit bull. The pit bull bites caused fatal injuries, and the man was found after his daughter returned home.

Read the full pit bull dog bite story here.

Man dies of fatal pit bull dog bites

blog@www.charlesboyk-law.com (blog Author)25215 — Mon, 18 Jan 2010 08:00:00 EST

Pit bull dog bite injuries can be inherently dangerous, and even fatal.

Our Toledo, Ohio dog bite lawyers have just posted a news article on Johnny Wilson, a Chicago man who was killed after he was fatally bitten by pit bulls in his daughter's home.

It is important to remember the steps to take immediately after a pit bull dog bite injury:

1. Seek treatment immediately.

2. Take photographs to document everything, including a photo of the dog, if possible, the geographic location of where the bite occured, and the location of the injury itself.

3. Report the pit bull dog bite to the authorities, whether it be the local police or County Dog Warden.

If you or someone you know has suffered serious injuries after suffering an Ohio pit bull dog bite, order your FREE copy of The Ohio Dog Bite Book by calling 800.637.8170.

Pit bull dog bites dangerous | Ohio dog bite lawyers

blog@www.charlesboyk-law.com (blog Author)25216 — Mon, 18 Jan 2010 08:00:00 EST

Our Toledo, Ohio dog bite lawyers believe that it is a bad idea to have pit bulls in the home, and also not a good idea for the county to allow the pit bulls puppies to be adopted out.

Pit bulls are inherently dangerous, and the statistics that back it up are just as scary. Ohio state law deems pit bulls and pit bull mixes as "vicious" - that is why insurance company denies coverage.

The politicians who are trying to promote the rights of pit bulls are not living in the real world. People bit by pit bulls are victims twice:

1. They suffer serious physical and emotional injuries.

2. They are denied the right to seek compensation due to lack of insurance coverage.

We want people to know what type of impact on the community this policy is going to bring. We are just trying to protect the community and make them aware of the fact that if they are bitten by a pit bull, they are out of luck when it comes to compensation.

If you or someone you know has been injured from an Ohio dog bite, you need information. Visit www.ohiodogbitebook.com or call 800.637.8170 to order your free copy of The Ohio Dog Bite Book.

Owens nursing student lawsuit | Owens nursing students

blog@www.charlesboyk-law.com (blog Author)24960 — Wed, 13 Jan 2010 08:00:00 EST

Owens Community College opened their third location this week, located in Maumee, Ohio.

Some Owens nursing students, however, are worried that the school is still not doing enough to fix the first problem of losing accreditation for their nursing program.

WTOL Channel 11's Joe Stoll addressed this issue in his newscast about the school's new opening. He mentioned this in his newscast:

"The Charles E. Boyk Law Office says they have 51 cases filed against Owens Community College. They have 26 more ready to go and another 10 interested because of the nursing school mishap," Joe Stoll said.

You can view the entire newscast by clicking here, courtesy of WTOL Channel 11.

If you or someone you know was enrolled in the Owens Community College nursing program and needs help with the non-accreditation problem, contact our Owens nursing student lawsuit attorneys at 800.637.8170 for more information.

Insurance won't cover Ohio dog bite injuries | Toledo, Ohio dog bite lawyer

blog@www.charlesboyk-law.com (blog Author)24657 — Thu, 07 Jan 2010 08:00:00 EST

Who: Ohio pit bull bite lawyers

What: Does homeowners insurance cover Ohio pit bull dog bites?

Where: Toledo, Ohio

In light of the recent news coverage on Ohio dog bites and the adoption of pit bull puppies from the Lucas County Dog Warden's office, our Toledo, Ohio dog bite lawyers have spoken with different insurance agents to find out if homeowners' policies would cover a victim in the event of an Ohio pit bull dog bite injury.

It is very difficult to find an insurance company that would write a policy to cover a pit bull living in the home. That means that if that pit bull were to bite someone, the insurance policy would not cover their injuries.

That is why our Ohio dog bite lawyers believe that it is a bad idea to have pit bulls in the home, and also not a good idea for the county to allow the pit bulls puppies to be adopted out. Pit bulls are inherently dangerous, and the statistics that back it up are just as scary. Ohio state law deems pit bulls and pit bull mixes as "vicious," and according to the Toledo Lucas County Health Department, out of the 380 dog bites that occurred in 2009 through November 8th, 65 of the bites were from pit bulls - the highest number from one type of breed.

If you or someone you know has been injured from an Ohio dog bite, you need information. Visit www.ohiodogbitebook.com or call 800.637.8170 to order your free copy of The Ohio Dog Bite Book.

Ohio dog bite lawyer interviewed by local news | Ohio dog bite lawyer

blog@www.charlesboyk-law.com (blog Author)24514 — Tue, 05 Jan 2010 08:00:00 EST

Who: Ohio dog bite lawyer

What: Interviewed about Ohio dog bite injuries

Where: Toledo, Ohio

Car Injury Case is Filed With Lucas County Court of Common Pleas

blog@www.charlesboyk-law.com (blog Author)24222 — Thu, 31 Dec 2009 08:00:00 EST

A case involving a car that ran a red light, causing a serious Ohio auto injury accident, was recently filed with the Lucas County Court of Common Pleas.

Our injured client was diagnosed with a cervical lumbar strain as well as cervical sprain, which can cause severe back pain. Although the medical treatment and physical therapy our client received helped ease immediate discomfort, chronic pain and discomfort will persist because of these injuries.

Remember to start a file for all documents related to your Ohio auto accident, including police reports, medical bills and records, and any correspondence you receive from the insurance company.

If you or someone you know has been involved in an Ohio auto accident, you need information. Call 800.637.8170 for your free copy of "The Ohio Accident Book."

Auto Accident Case Filed in Lucas County Court of Common Pleas | Toledo Ohio Auto Injury Attorney

blog@www.charlesboyk-law.com (blog Author)24209 — Wed, 30 Dec 2009 08:00:00 EST

A case in which driver who had an invalid license failed to stop at the intersection of Monroe and Whiteford Rd. in Sylvania Township was recently filed in the Lucas County Court of Common pleas, after our client suffered serious injuries in the crash.

The Toledo, Ohio car accident accident caused bilateral muscle strain of the shoulders and a meniscus tear in the right knee.

It is important to seek the proper medical attention after being injured in an accident, making sure to document your injuries with photos and copies of the medical bills and records.

If you or someone you know has been involved in an Ohio auto accident, you need information. Call 800.637.8170 for your free copy of "The Ohio Accident Book."

Car Accident Case Recently Filed In Lucas County Court of Common Pleas | Northwest Ohio auto injury lawyer

blog@www.charlesboyk-law.com (blog Author)24216 — Wed, 30 Dec 2009 08:00:00 EST

A Toledo, Ohio car accident injury claim has recently been filed with the Lucas County Court of Common Pleas after our client was rear-ended. The Ohio car accident caused injury to our client's knee, with a diagnosis was that he had torn cartilage in his left knee.

He had to undergo surgery on his knee as well as physical therapy.

It is important to remember that if you are injured in an automobile accident that you seek the proper medical treatment.

If you or someone you know has been involved in an Ohio auto accident, you need information. Call 800.637.8170 for your free copy of "The Ohio Accident Book."

Lucas County Car Injury Case | Northwest Ohio car crash lawyer

blog@www.charlesboyk-law.com (blog Author)24219 — Wed, 30 Dec 2009 08:00:00 EST

A vehicle was traveling eastbound on Sylvania Ave. when another vehicle attempted to make a left turn without assuring clear distance. Because of this, the second vehicle struck the first vehicle. The front seat passenger of the first vehicle was injured by this Ohio car accident, and taken immediately to the hospital. The passenger was treated for neck, back, left shoulder, and right ankle pain as well as chest pain. The passenger, our client, sought treatment for continued left shoulder and right ankle pain and will continue to treat for continued pain and loss of motion in left shoulder and right ankle.

It is important to remember that seeking proper medical attention immediately is necessary after being injured after an automobile accident.

If you or someone you know has been involved in an Ohio auto accident, you need information. Call 800.637.8170 for your free copy of "The Ohio Accident Book."

Lucas County car accident injury

blog@www.charlesboyk-law.com (blog Author)23897 — Thu, 24 Dec 2009 08:00:00 EST

Who: Wood County resident

What: involved in a car accident injury

Where: Toledo, Ohio

A case involving an Ohio automobile accident has recently been filed in the Lucas County Court of Common Pleas.

It is important to remember that if you have been involved in an Ohio car accident, you have rights and need to seek medical treatment immediately.

If you or someone you know has been involved in an Ohio car accident, you need information. Call 800.637.8170 for your free copy of "The Ohio Accident Book."

Carol Mason of Maumee bit by dog | Ohio dog bite lawyers

blog@www.charlesboyk-law.com (news Author)11729 — Wed, 16 Dec 2009 08:00:00 EST

Who: Carol Mason

Where: Maumee, Ohio

What: Ohio dog bite

Carol Mason of Maumee, Ohio was bitten by her neighbor's German shepherd while she was taking out the garbage on Tuesday.

According to the Toledo Blade, after the Ohio dog bite injury, the police were called and Carol Mason was taken to the University of Toledo Medical Center, where her condition is unknown.

Carol Mason is 71 years old.

Carol Mason attacked by dog in Maumee, Ohio | Toledo, Ohio dog bite lawyers

blog@www.charlesboyk-law.com (blog Author)23529 — Wed, 16 Dec 2009 08:00:00 EST

71-year-old Carol Mason was attacked by her neighbor's German shepherd yesterday, according to the Toledo Blade. She suffered the Ohio dog bite injury on her arm after taking out her garbage early that morning. She was taken to the University of Toledo Medical Center where her condition was unknown.

Important steps to take if you have suffered injury from an Ohio dog bite:

1. Seek treatment immediately

2. Immediately notify the authorities

3. Take photos of the injuries and where they happened

4. Don't give a statement to the insurance adjuster and DO NOT SIGN ANYTHING until speaking with an attorney.

If you or someone you know has suffered from an Ohio dog bite injury, order your free copy of The Ohio Dog Bite Book by calling 800.637.8170.

Ohio car accident - Winter car crashes -Ohio auto accident attorney

blog@www.charlesboyk-law.com (blog Author)23186 — Thu, 10 Dec 2009 08:00:00 EST

Our Toledo, Ohio car accident lawyers handle cases involving winter car crashes on a regular basis. With the unpredictable snowy weather in northwest Ohio, it is virtually impossible to avois the hazardous winter roads.

Here are a few tips from our Ohio car accident attorneys on how to avoid being injured in an Ohio winter car crash:

1. Slow down! It is a lot harder to stop a car that is traveling at a high rate of speed than one that is not.

2. Get your tires checked. Traction is key when driving in snowy weather. Make sure that your tires have good traction and that you switch to winter snow tires once the temperatures begin to drop, so that you can easilt stop on slick and icy roads.

3. Watch out for black ice. Sometimes ice is not easy to spot on the pavement. Err on the side of caution and assume that black ice in on the road.

4. Be careful on bridges. The roads on bridges freeze faster than roads over land.

5. Remove snow from all windows - not just the ones you think you use. As tempting as it may be to hurry and only clear the snow just enough to see, don't do it! Make sure your windows are completely clear of snow in order to see out of all blind spots.

If you or someone you know has been involved in an Ohio winter car crash, you need information. Order your free copy of The Ohio Accident Book by calling 800.637.8170 or by visiting www.ohioaccidentbook.com.

Ohio workers' compensation lawyer Dale Emch on tenant and sublease issues | Ohio workers' compensation attorneys

blog@www.charlesboyk-law.com (blog Author)22640 — Mon, 30 Nov 2009 08:00:00 EST

Who: Ohio workers' compensation lawyer Dale Emch

What: "Legal Briefs" column, Toledo Blade

Where: Toledo, Ohio

Dear Dale: When my daughter went to college, she responded to a blind e-mail to sublet an apartment with four women she didn't know. It turned out to be a nightmare. The first two nights, her roommates and their friends partied until 6 a.m. The third night, her roommates hosted a pot party. My daughter left to stay with a girlfriend on campus. When she told me about the situation, I told her to move out immediately. My daughter never signed a lease. Is she - or are we, as her parents - on the hook for the rest of the sublease?

ANSWER: Lease agreements are contracts. Ohio law requires that leases for properties be made in writing and that legal actions based on the lease shall not be brought unless the lease is signed by the party charged with breaching the terms.

If it were that simple, I could end the column here. Oral agreements to rent an apartment can be enforceable, but only to the extent that they form a tenancy for a certain period based on the frequency of the rental payments. Some courts have described these oral arrangements as defective leases.

For example, let's say your daughter agreed to rent the apartment for a year with rental payments of $400 to be paid monthly. Her oral lease agreement becomes a month-to-month tenancy because that's how often she was to pay the rent. Absent a written lease agreement, she is only obligated to pay monthly rather than being on the hook for the entire year.

Under Ohio's Landlord-Tenant Law, a landlord or a tenant can terminate a month-to-month tenancy by giving 30 days notice to the other party. The same concept applies to a week-to-week tenancy.

In this case, the women who sublet the apartment to her are landlords for purposes of the law. She could terminate the agreement by giving her roommates 30 days notice. If she failed to do that, she technically could be on the hook for the rent for that period. I think moving out and giving the key back provides constructive notice that she has terminated the agreement.

Even if her former roommates bring a legal action against your daughter, they would have to show that they acted in such a way to limit their damages. If a tenant breaks the lease agreement, a landlord must take action to try to rent the unit.

The landlord can't try to collect for the entirety of the lease agreement without making an effort to rent the apartment to another tenant.

In addition to her defenses under the law, your daughter probably could raise the issues of the all-night parties and the illegal drug use at the apartment. Under this type of equitable defense, she might argue that her roommates did not live up to their end of the bargain. She could even consider a counterclaim to put them on the defensive.

From a practical point of view, it's probably unlikely that your daughter is going to face any legal action from her roommates. If she does, I think any exposure she may have is fairly limited because of the absence of a written lease agreement and the conduct of her roommates.

You also asked whether you, as a parent, would be liable for any unpaid rent. The quick answer is no. You weren't a party to the agreement, and your daughter wasn't acting on your behalf, so I don't think you have any obligation.

Our Ohio workers' compensation lawyers have written numerous books on what to do in different accident situations. Call 800.637.8170 to order any one of our six books, free of charge.

YOUR OHIO WORK INJRY LAWYER DOESN'T GET PAID UNLESS YOU DO. | Toledo, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19426 — Thu, 26 Nov 2009 08:00:00 EST

Hiring a lawyer can cause some stress because for most of us it's an unfamiliar process. People want to make sure the lawyer understands the issues and will work hard to represent their interests. As in any business, it's natural to wonder how much the lawyer's services will cost.

Most attorneys who represent injured workers take what's called a contingent fee, which means that the lawyer's fee depends on his success in resolving the case. The fee comes out of whatever you are awarded for your claims. Usually, the lawyer takes one-third of the gross award or settlement. The arrangement works well for both parties. The lawyer takes a risk that he'll never get paid if the claim goes nowhere. The client gets to pursue his claim without having to come up with thousands of dollars in up front legal fees. Without this arrangement, some people never would be able to bring a claim because they couldn't afford it.

Additionally, you may be charged a fee of a few hundred dollars for each contested hearing your attorney attends. That fee usually can be paid through the recovery of future awards you would receive through your workers' compensation claim.

We all want to keep expenses in our lives down, but sometimes we have to pay for expertise. If water is spraying out of the pipes under your sink and you don't have the tools or knowledge to fix the problem, you call a good plumber. The same concept holds true for a workers' compensation attorney. When you're talking about trying to replace a portion of the income you've lost from being hurt on the job, you really can't afford to handle the case yourself and risk making a crucial mistake.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

HIRE AN EXPERIENCED OHIO WORKERS' COMPENSATION ATTORNEY | Perrysburg, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19424 — Wed, 25 Nov 2009 08:00:00 EST

In all but the most straightforward of workplace injuries, the issues encountered in a workers' compensation case are highly technical. The hearing officers and lawyers who do this work seem to speak a different language to each other, punctuated by awkward statements like "we've filed a C-92," or "this hearing is set for a TTD before a DHO." If you don't know that language and your employer has hired an attorney who not only speaks the lingo, but understands the nuances of the issues, you're probably going to be in trouble. It just makes sense for you to have legal representation as you navigate the work comp world.

A lawyer will be able to spot issues that will help maximize your claim so that you're compensated fairly. An attorney practicing in this field understands when it's time to file certain claims or forms, and has been through enough hearings that he or she knows what to expect. Lawyers who don't handle this type of work likely will be as in the dark as you are about the technical aspects, so find someone who makes workers' compensation a regular part of his practice.

As mentioned above, you really need a lawyer if your claims are going to involve contested hearings. While a work comp hearing probably won't get as heated as a trial, it's still an adversarial process that pits you against your employer.

Before hiring a lawyer, sit down with him or her to make sure you'll be comfortable with the working relationship. You'll also likely be dealing with your lawyer's paralegal, who should have an in-depth understanding of how the process works and will help guide you through it. In fact, you probably will be dealing with the paralegal more often than the attorney on bureaucratic issues.

Once you decide to retain a lawyer, you'll have to sign a contract that provides the specifics of your agreement. Most of these contracts are fairly simple, primarily addressing the fee arrangement and the rights and obligations of both parties. Make sure your lawyer gives you a copy of the contract you sign so you can keep it for your records.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

TIPS THAT COULD HELP YOUR OHIO WORK INJURY CASE Part 3 | Findlay, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19422 — Tue, 24 Nov 2009 08:00:00 EST

In Toledo, the Industrial Commission is housed downtown in One Government Center. A large waiting area anchors the office, and a number of small rooms where cases are heard line the periphery.

Rather than having a judge preside over a case, a hearing officer will review the facts of each claim by reviewing medical reports and listening to lawyers or representatives of each party. In some cases, the hearing officer will take sworn testimony by the injured worker or from a representative of the employer. A finding may be issued on the spot, or the officer may take additional time to review all the evidence before coming to a decision.

Here are some more of our suggestions about some issues you may want to consider:

Lost wages: When you seek temporary total disability benefits, you need to make sure your doctor files a C-84 form with the BWC so you can be compensated for your lost wages. Sometimes doctors forget to do this, so you need to request it or have your attorney work with your doctor's office.

Wage differential claims: If your injury causes a reduction in your work hours or your rate of pay, you can file for wage differential benefits to help compensate you for the difference. The same concept holds true if your injury causes you to change employers and you are working for less pay or fewer hours than you were at your previous job.

Contested hearings: If your employer opposes your claim or a portion of your claim, there may be a contested hearing on the issue. In this situation, you really need an attorney that handles a lot of workers' compensation cases. You need someone who knows what arguments to make for a particular situation in order to portray your situation in the best light possible with the hearing officer.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

TIPS THAT COULD HELP YOUR OHIO WORK INJURY CASE Part 2| Bowling Green, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19421 — Mon, 23 Nov 2009 08:00:00 EST

In Toledo, the Industrial Commission is housed downtown in One Government Center. A large waiting area anchors the office, and a number of small rooms where cases are heard line the periphery.

Here are some more of our suggestions about some issues you may want to consider:

Get a claim number: You need a claim number issued by the BWC. Once the FROI is filed, contact the BWC so you can get an ID claim card. Everything that happens with your case will be linked to the claim number on the card.

Get medical treatment: Many people don't realize they don't have to get their injuries treated by their employer's doctor. You can treat with any doctor you want as long as the doc is certified by the BWC. If your family doctor isn't BWC certified, consult a lawyer who does a lot of this work to get references for qualified doctors. You can only get compensated for the conditions that the BWC determines were caused by your workplace injury. Your attorney can file a motion that seeks coverage for additional conditions related to the injury. This becomes important if you later have to file a permanent partial disability claim.

Mandatory drug testing: If it's done in a timely fashion, your employer can require you to take a drug test following your workplace injury. If requested, you have to take the test in order to proceed with your claim. If you test positive for drugs, your drug use will be presumed to have caused or contributed to the accident. That presumption, though, is rebuttable and so it doesn't always kill your case.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

Avoid hunting accident injuries and wrongful death | Ohio hunting accident lawyers

blog@www.charlesboyk-law.com (blog Author)22245 — Mon, 23 Nov 2009 08:00:00 EST

Fall is a time when many people in northwest Ohio take up the pastime of hunting for wild game. While hunting can be challenging and fun, there is also the potential for fatal hunting accidents and hunting accident injuries.

Here are a few tips from the Department of Natural Resources on how to avoid fatal Ohio hunting accidents and Ohio hunting accident injuries:

1. Respect all firearms, regardless if they are loaded or not.

2. Never put your finger on the trigger of a gun unless you are absolutely ready to shoot.

3. Always make sure to have the muzzle of your gun facing down.

4. The safety should be on your gun AT ALL TIMES, unless you are absolutely ready to shoot.

For more tips on how to avoid a fatal Ohio hunting accident or Ohio hunting accident injuries, read our next blog.

If you or someone you know has suffered from an Ohio hunting accident injury, contact our Ohio hunting accident lawyers at 800.637.8170, 24 hours a day, seven days a week.

TIPS THAT COULD HELP YOUR OHIO WORK INJURY CASE Part 1| Findlay, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19420 — Fri, 20 Nov 2009 08:00:00 EST

That's not what you get in a workers' compensation case. The world of workers' compensation is a bureaucrat's dream.

In Toledo, the Industrial Commission is housed downtown in One Government Center. A large waiting area anchors the office, and a number of small rooms where cases are heard line the periphery.

It's not very dramatic, but obviously the outcome is important to the injured worker. Here's a very general description of how the process works and our suggestions about some issues you may want to consider:

Report the injury to your employer: Always make sure you tell your employer when you've been injured at work. Ask your employer to produce a written report about the incident. Whether or not your employer completes a written report, make sure you document the date and time of the injury, how it happened, where it happened, and whether there were witnesses. Do this even if you have to produce the report yourself. Also, keep all receipts and hospital records.

First Report of Injury Form: Complete a First Report of Injury form, which is called a FROI in the work comp world. Your employer is supposed to fill out the form, but if that doesn't happen, an attorney can help you. The form is crucial because it's the only way you can get a claim number on file with the Bureau of Workers' compensation. Without a claim number, your claim will go nowhere. So, complete a FROI as soon as possible. Generally, an injured worker has two years from the date of the injury to file a claim.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

BENEFITS AVAILABLE TO INJURED OHIO WORKERS PART 4 | Swanton, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19419 — Thu, 19 Nov 2009 08:00:00 EST

Workplace Intentional Tort

Sometimes an employer's conduct that results in a workplace injury can be so egregious that an additional claim can be made outside the workers' compensation system. This type of claim is made through a lawsuit filed in court that alleges a workplace intentional tort, which means the conduct was so bad that the courts view it as if the employer acted intentionally to cause the harm.

These cases have always been difficult to win because the standard that must be met in order to prevail is extremely high. In recent years, it's gotten even tougher. The Ohio General Assembly passed legislation that raised the standard of proof so high that an injured worker can only prevail on this type of claim in very limited circumstances. The Ohio Supreme Court has not considered whether this standard is constitutional, so an attorney would need to be consulted to determine whether this type of claim is viable.

In our practice, we handled a major workplace injury case that arose prior to the date the new statute took effect. The injured employee initially approached us about filing a workers' compensation claim for him after he suffered horrific injuries from an electrical shock. After looking at the facts of the situation, we determined that the employer acted with such complete disregard to numerous safety rules and regulations that we filed a lawsuit for workplace intentional tort. Eventually, a confidential settlement was reached for nearly $2 million.

The lesson here is that if your injuries were caused because your employer failed to follow the proper safety rules, you may be able to pursue a remedy that exceeds a workers' compensation claim.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

Toledo Blade: Owens failed to address shortcomings in nursing | Owens nursing students lawyer

blog@www.charlesboyk-law.com (blog Author)22056 — Thu, 19 Nov 2009 08:00:00 EST

The Toledo Blade released an article earlier this week discussing the apology released by Owens Community College for failing to notify their nursing students about the loss of national accreditation for the program.

Our Owens nursing student lawyer Chuck Boyk has asked Wood County Common Pleas Judge Reeve Kelsey to certify the case as a class action to include all Owens students enrolled between July 1 and November 6, 2009.

According to the article, the school failed to communicate with their students and the faculty about the possibility of losing the accreditation. One of the stipulations to earn it was to have more of the part-time faculty earn masters' degrees, which was not accomplished.

Another stipulation the Owens nursing program had to meet in order to keep the accreditation was to show that the program used statistics such as passing rates on the national licensure exam, assessment of student learning, and placement of graduates to strengthen the program, which the college failed to do.

If you or someone you know was an Owens nursing student between July 1 and November 6, 2009, you need information. Contact our Owens nursing student lawsuit attorneys at 800.637.8170

BENEFITS AVAILABLE TO INJURED OHIO WORKERS PART 3 | Toledo, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19418 — Wed, 18 Nov 2009 08:00:00 EST

Violation of a Specific Safety Requirement

Essentially, this is a claim that both punishes the employer and compensates the employee. The award varies based on the severity of the injury and the extent of the violation.

In our office, we help clients file a report with the Occupational Health and Safety Administration, which oversees workplace safety issues. The administration conducts an investigation and cites the company if it finds violations. That report can be used to substantiate a claim alleging violation of a specific safety requirement.

An example of a situation where this type of award might be warranted would be when an injury results from an employer requiring an employee to work at a certain height without proper scaffolding or safety harnesses.

Lump sum settlements

In certain circumstances, the employer and the injured worker may enter into a settlement agreement to compensate the worker for injuries sustained on the job. The settlement, though, must be approved by the BWC, regardless of whether the employer is state-funded or self-insured. The BWC settlement department determines whether the settlement agreement is justified and fair.

An injured worker should be careful before agreeing to a lump sum settlement because it will stop him from seeking additional compensation through the BWC. It closes the door for all payments for future compensation and future medical treatment related to the claim.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

BENEFITS AVAILABLE TO INJURED OHIO WORKERS PART 2 | Perrysburg, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19417 — Tue, 17 Nov 2009 08:00:00 EST

Permanent Partial Disability

In order to determine the percentage of loss, the worker is examined by a BWC doctor, who determines the percentage of impairment of the body part in question based on the American Medical Association's Guides to Evaluations of Permanent Impairment.

If the injured worker thinks the percentage determined is too low, he can object to that finding and opt for examination by his own doctor. The hearing officer then examines the findings by the doctors and determines the percentage of impairment. That percentage is the basis of any compensation the worker would receive.

The percentage of disability determined by the hearing officer is used to calculate the award paid based on a formula employed by the BWC.

An example of an injury that would be the basis of a permanent partial disability claim would be a worker who gets burned on the job and is left with permanent scar tissue. A percentage of disability would be determined to calculate the award paid to the worker.

Permanent Total Disability

Someone who is injured so seriously on the job that he'll never be able to gain sustained employment is eligible for permanent total disability benefits.

If the hearing officer grants the application for permanent total disability, the injured worker can receive compensation for life.

Compensation for this type of award takes into account the statewide weekly wage average and whether the injured worker receives Social Security benefits.

A worker whose workplace injury caused him to become paralyzed would be an extreme example of someone who may be eligible for permanent total disability benefits. The injury, though, does not need to completely incapacitate the worker in order for this type of benefit to be awarded.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

BENEFITS AVAILABLE TO INJURED OHIO WORKERS PART I | Toledo, OH Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19413 — Mon, 16 Nov 2009 08:00:00 EST

A number of different types of benefits can be sought by an injured worker depending on the type and severity of the injury. To give you an idea of the claims that might be filed in your case, we'll review those we see most often in our practice.

Temporary Total Disability

We probably file more claims based on temporary total disability than any other. Usually, people who are injured only have to stay off the job for a relatively short period of time. Fortunately, people can recover from these injuries and get back to work.

Temporary total disability helps replace wages lost for those who are unable to work for a certain period of time. For example, if a worker had a pallet fall on his foot that prevented him from doing his job until he recovered from his injuries, temporary total would be the proper claim to file.

The injured worker must miss eight consecutive days in order to qualify for temporary total disability. For the first 12 weeks of disability, injured workers receiving temporary total disability are compensated at 72 percent of their full weekly wage. That figure is based on the average of the gross wages earned during the six weeks prior to the injury.

After three months, a claimant receives 66 2/3 his average weekly wage. In this situation, the average weekly wage is calculated based on the worker's average gross wages for one year prior to the injury.

It should be noted that although temporary total disability does not completely replace a worker's lost income, workers' compensation benefits are not taxable.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

HIO WORKERS' COMPENSATION CLAIMS DIFFER FROM NEGLIGENCE CASES | Bowling Green, Ohio Work Injury Attorneys.

blog@www.charlesboyk-law.com (blog Author)19411 — Fri, 13 Nov 2009 08:00:00 EST

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 workers' 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 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.

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 workers' compensation system. The legislature, though, has made filing these types of lawsuits extremely difficult so not many people would qualify.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.

Tip #13 to maximize your recovery after an Ohio dog bite: Gather witness statements and dog warden reports.

blog@www.charlesboyk-law.com (blog Author)19360 — Thu, 12 Nov 2009 08:00:00 EST

All dog bites should be reported to the county dog warden and local health department. The dog warden will conduct an investigation, prepare a report, and possibly cite the owner or keeper of the dog. Sometimes police officers will conduct their own investigation. Dog-bite victims should collect these reports and file them away in a safe place. If you hire an attorney, the attorney can gather the reports for you and will use them as evidence for your claim.

In addition to colleting reports, try to take statements from everyone who witnessed the bite. Make sure you get the names, addresses, and phone numbers for all potential witnesses in the event the case has to go to trial.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #12 to maximize your recovery after an Ohio dog bite: Take photos to document injuries

blog@www.charlesboyk-law.com (blog Author)19359 — Wed, 11 Nov 2009 08:00:00 EST

It's cliché, but a picture really is worth a thousand words sometimes, especially for dog-bite injuries. Take photographs of all the injuries caused by a dog bite as soon as possible. In our office, we have the client take photos and then we usually hire a professional photographer to take additional shots. Periodically throughout the treatment, we'll have additional photos taken to document the status of the injuries.

In addition to photos of the injuries, it also would be wise to get photos of the scene. Photos often play a key role in any settlement discussions with an insurance adjuster. They also serve as crucial evidence if the case has to go to trial.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #11 to maximize your recovery after an Ohio dog bite: Plastic surgery is sometimes necessary for serious bites

blog@www.charlesboyk-law.com (blog Author)19358 — Tue, 10 Nov 2009 08:00:00 EST

Children suffer the majority of dog bites and young children tend to be bitten on their heads, faces, and necks. These types of injuries often require treatment by a plastic surgeon. Sometimes a number of surgeries are required over a period of years as a child grows.

If you or your child has suffered a disfiguring bite, consult a plastic surgeon early in the process so the damage and scarring can be minimized to the extent possible. Ask your attorney or your family practice doctor who the top plastic surgeons are in town. Finding a skilled surgeon obviously is crucial, but it's also important to find a doctor who will be willing to document the injuries and produce a report that can be used in negotiating your claim.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #10 to maximize your recovery after an Ohio dog bite: Hire an attorney who devotes his practice to personal injury cases.

blog@www.charlesboyk-law.com (blog Author)19357 — Mon, 09 Nov 2009 08:00:00 EST

Earlier, we wrote about insurance adjusters who negotiate settlements every day. They're good at it because it's their profession. That's why you'll need a lawyer to handle your case. Your lawyer not only will deal with the insurance adjuster, but he'll navigate you through the complex world of dog-bite litigation.

Armed with knowledge of the law and the ploys of adjusters, a lawyer can help you obtain a fair settlement for your case. Numerous studies have shown that you're far more likely to end up with more money at the end of a case if you hire a lawyer rather than trying to settle the case on your own. By virtue of handling injury cases every day, lawyers develop a sense of how much a case is worth.

Furthermore, you're not likely to have experience with the types of arguments you're going to hear from insurance adjusters. Hiring a lawyer lessens the amount of hassles you'll face and increases the chance of a better result, even after attorney fees and expenses are subtracted.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

WTOL News 11 covers Chuck Boyk and Owens nursing students lawsuit | Owens nursing students lawsuit lawyers

cboyk@charlesboyk-law.com (blog Author)21407 — Sun, 08 Nov 2009 08:00:00 EST

Nursing students at Owens Community College may not be able to look forward to the "seamless transfer" that the school was advertising after it was discovered that the Owens nursing program has lost its accreditation from the National League for Nursing Accrediting Commission.

The attorneys at Charles E. Boyk Law Offices, LLC have filed a lawsuit in the Wood County Court of Common Pleas yesterday on behalf of Owens nursing students who feel they have been mislead by the college.

WTOL News 11 covered the story on Friday, when anchor Tanieya Lewis came to our downtown office to interview Attorney Chuck Boyk.

Read an exerpt from her interview below:

Four nursing students filed a lawsuit in Wood County Common Pleas Court Thursday against Owens Community College after they found out in October the school's nursing program had lost national accreditation. The students say their last two years at Owens were wasted in a cover-up and want monetary damages to make up for lost job opportunities and education.

Students were shocked when they found out in mid-October their two year nursing degrees from Owens would come without national accreditation.

Attorney Chuck Boyk says at least four students have asked for his help to reveal what he calls a school cover-up.

"Accepting tuition money through the nursing students' enrollment can be viewed as fraudulent misrepresentation. Had the students known in July that the nursing program has lost its accreditation, they might have had time transfer to another school. With Owens only releasing in October the fact that they lost their accreditation, it was too late for any other school to accept students into their programs," said Boyk.

If you or someone you know is an Owens nursing student who has questions about the recent lawsuit, contact our attorneys 24 hours a day, seven days a week at 800.637.8170.

Tip #9 to maximize your recovery after an Ohio dog bite: Don't exaggerate the impact of your injury.

blog@www.charlesboyk-law.com (blog Author)19356 — Fri, 06 Nov 2009 08:00:00 EST

You're entering a world you likely didn't know existed. As we've said earlier in this book, insurance companies prosper by paying dog-bite victims as little as possible. In an effort to do that, they'll resort to what you may regard as underhanded behavior. They may hire a private investigator to spy on you, they may have someone engage you in conversation about your injuries, or they may videotape you as you go about your day.

We know of one case - fortunately not one of ours - where an insurance company investigator placed a video camera in a gym bag to record a supposedly injured accident victim teaching an aerobics class. Needless to say, the attorney handling that case dumped it immediately - and should have. People like that aerobics instructor give insurance companies reason to be skeptical. The problem is they seem to be skeptical of everyone, even people with legitimate claims.

So, simply be honest. Don't play games when it comes to dealing with your dog-bite case.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #8 to maximize your recovery after an Ohio dog bite: Don't hide information from your lawyer.

blog@www.charlesboyk-law.com (blog Author)19355 — Thu, 05 Nov 2009 08:00:00 EST

This tip goes hand-in-hand with our advice about being honest. You'll be making a big mistake if you hide information that is embarrassing or that you think will hurt your claim. You may get away with it, but usually the truth comes out. And if it comes out at the wrong time in a deposition or at trial, your case may be damaged beyond repair. Your lawyer can only help you if she has the complete picture. If there's something awkward to be dealt with, he'll handle it. But don't put your lawyer in a bad situation by hiding something.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio dog bite attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #6 to maximize your recovery after an Ohio dog bite: Start a file to document everything connected to your case.

blog@www.charlesboyk-law.com (blog Author)19353 — Wed, 04 Nov 2009 08:00:00 EST

Make sure you keep every bill, police report, dog warden report, and document connected to your claim. The insurance company has a right to see evidence of medical bills for which you're seeking reimbursement. Keeping track of your bills also ensures that you won't settle your claim without making sure you've been compensated for all of your expenditures. This is true even if you have health insurance because you may have to repay your provider for any bills they've paid on your behalf if there's a settlement.

In addition to documenting your treatment, keep track of any wages you've lost because you've been unable to work. Don't assume you'll automatically get reimbursed for your lost wages. You have to get a note from your doctor if you miss work because of the injuries from the dog bite and you'll have to get documentation from your employer about your rate of pay and how much money you lost because you weren't able to work.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #7 to maximize your recovery after an Ohio dog bite: Honesty is the best policy.

blog@www.charlesboyk-law.com (blog Author)19354 — Wed, 04 Nov 2009 08:00:00 EST

Be honest when it comes to dealing with your injury claim. Be honest with the insurance adjuster, be honest with your doctor, and be honest with your lawyer. Nothing will kill your claim faster than being caught in a lie. Your credibility will be crucial in resolving your case, particularly if you have to go to trial.

If you're not in pain, don't get unnecessary medical treatment to drive up your bills. That doesn't mean you shouldn't follow your doctor's orders, but don't exaggerate the extent of your injuries. The truth eventually will come out, and when it does your case might become worthless. If your case goes to trial, your credibility with the jury carries tremendous value. If jurors feel you're not being honest, they won't give you the fair compensation you deserve.

You also have to be straight with your lawyer, who won't handle your case if he thinks you're lying. The attorney needs to know what's really happening with your case in order to represent you fairly and aggressively.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #5 to maximize your recovery after an Ohio dog bite: Don't sign any medical authorization forms at the request of an insurance company.

blog@www.charlesboyk-law.com (blog Author)19352 — Tue, 03 Nov 2009 08:00:00 EST

Insurance companies often try to get dog-bite victims to sign authorization forms that allow access to their medical records. The forms usually are drafted so the insurer gains access to all of your medical information, not just information relating to the dog bite. It allows an insurance company to go on a fishing expedition for any other medical problems that might explain the pain you're experiencing.

If your injuries are serious, you should consult an attorney to deal with these issues. Your attorney will ask you to sign medical authorization forms that will be used to obtain the information that's related to your dog bite. Only the information relevant to your case will be sent to the insurance company so your claim can be evaluated. This protects you from having personal information winding up in the wrong hands.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #4 to maximize your recovery after an Ohio dog bite: Don't provide a statement to the adjuster.

blog@www.charlesboyk-law.com (blog Author)19351 — Mon, 02 Nov 2009 08:00:00 EST

If an insurance adjuster contacts you, don't make any statements about the dog bite, your physical condition, and whether you're being treating by a doctor. The adjuster may be recording your conversation and certainly will be taking notes. Any statements you make about your injuries could come back to haunt you. Simply thank the adjuster for calling, tell her that you don't want to make any statements, and that you don't want her to call back. Tell the adjuster you'll initiate a conversation when you're ready. You don't have to be rude, but you need to be firm. The adjuster can't make you talk.

It's a foreign concept to most people, but you have to view your injury case with the idea that it could go to trial. Most cases don't, but you don't want to hinder your negotiating strength by making a statement to an adjuster that can be misconstrued or twisted. The concern about making a statement is that you may not know the extent of your injuries right after you've been bitten. It's not uncommon for people to receive more medical treatment than they initially thought was necessary, especially if the bite becomes infected or if plastic surgery is required.

One way to avoid awkward conversations with an adjuster or making statements that could hurt your case is to contact a lawyer to represent you. Your lawyer will stop the adjuster from having any further contact with you.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip #3 to maximize your recovery after an Ohio dog bite: Don't underestimate the insurance adjusters who contact you.

blog@www.charlesboyk-law.com (blog Author)19350 — Fri, 30 Oct 2009 08:00:00 EST

This tip goes back to what we discussed in the introduction. Insurance adjusters handle claims for a living. They're judged by their bosses by how they settle claims and how much money they save for the company. This doesn't make them bad people; they're just doing their jobs and looking out for the best interests of their employers. It's up to you and your lawyer to look out for your interests.

It's no shock that insurance companies often own the tallest skyscrapers in a city. They have powerful lobbies throughout the country and, along with other business interests, have done their best to get legislation passed that makes it hard for dog-bite victims to be fairly compensated. They've gotten rich by collecting as much money as possible from all of us while trying to avoid making fair settlements with people suffering from dog bites.

So, when an adjuster representing the person who owned or kept the dog gives you a call, keep in mind where their loyalties lie. They'll likely be extremely pleasant, but they have one goal: to settle your claim as cheaply as possible. They do this for a living, all day and every day. Because this is probably the first time you've been seriously injured by a dog bite, you are at an obvious disadvantage. Be smart when you're dealing with them - or better yet, hire a lawyer who deals with insurance companies on a daily basis. After all, the insurance companies have professionals working for them, so you should too.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip # 2 to maximize your recovery after an Ohio dog bite: Don't rush to settle your claim quickly.

blog@www.charlesboyk-law.com (blog Author)19349 — Thu, 29 Oct 2009 08:00:00 EST

If you're reading this book because you were recently bitten by a dog, you may already have received a call from an insurance adjuster trying to settle your claim. Typically, an adjuster will wave a small amount of money under your nose to settle the claim quickly. It sounds good until you realize you're hurt more seriously than you initially thought or your medical bills end up eating into that money.

If you're tempted to settle your case below its value just because you need money for your medical bills, hold off. If you hire an attorney, the attorney usually will be able to work out an arrangement with your health-care provider for your provider to be paid out of the proceeds of your settlement. The doctor or physical therapist will continue to treat you without requiring payment after receiving what's called a "letter of protection" from your lawyer. This allows you to continue getting the treatment that you need, while ensuring the doctor is paid at the end of your case.

Settling your case quickly doesn't allow you to be fully compensated for your medical bills, pain and suffering, and lost wages. It only benefits the insurance company because it won't have to pay out the full value of your case.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tip # 1 to maximize your recovery after an Ohio dog bite: Seek treatment immediately.

blog@www.charlesboyk-law.com (blog Author)19348 — Wed, 28 Oct 2009 08:00:00 EST

The best thing you can do for both your physical and financial health is to get the proper medical treatment for your 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 injuries you suffered from the dog bite.

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 or a plastic surgeon, do it.

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 the dog bite 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.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Attorney Dale Emch testified against pit bull advocates who feel the dogs have been unfairly targeted. Part 2

blog@www.charlesboyk-law.com (blog Author)19347 — Tue, 27 Oct 2009 08:00:00 EST

Dale Emch's testimony continued:

"In the first case, my client is Samantha, a 2-year-old who was being pushed in a stroller by her parents through her neighborhood when a pit bull jumped its fence, ran directly to her, and bit her on the forehead leaving a significant scar. I'd direct you to Exhibit A, to see a picture of Samantha's injuries. As you can see, she's fortunate the dog didn't injure her eye. She'll likely have a scar on her face for the rest of her life and she faces the possibility of at least one scar-revision surgery. Had this pit bull been confined in a pen with a top on it as required by state law, Samantha would not have been bitten.

"In the second case, my client Steve entered a home where he had done some remodeling work. He had been talking to his former supervisor for some time when a pit bull owned by his former boss suddenly attacked him, doing severe damage to his arm. I warn you in advance that Exhibit B is a graphic example of the types of deep wounds pit bulls can cause. The exhibit shows why Steve was in the hospital for three days and why it's almost a certainty that he'll need plastic surgery to repair his arm.

"Finally, in the third case, my client Leonard, 82 at the time of the attack, found himself surrounded by three dogs when he was taking out his garbage. He was alone and terrified that the dogs would knock him to the ground. Of the three dogs, only the pit bull attacked him, leaving puncture wounds in his legs that later became infected. He's fortunate that a neighbor heard his screams and came to his rescue. Leonard's injuries are shown in Exhibit C.

"In each of these cases, my clients would not have been injured had the pit bulls been properly confined as state law mandates. So, obviously, the law can be broken and I'm sure it is routinely. But I'm also convinced that the law has prompted many pit bull owners to buy the proper insurance, confine their dogs appropriately, and walk them on leashes sturdy enough to hold them if they lunge at someone.

"I urge you both as a lawyer and a citizen to keep this bill from passing out of your committee. The General Assembly already has spoken on this issue and there seems to be no compelling reason to change a law that has the potential to keep people from suffering the types of injuries sustained by my clients. Thank you again for the opportunity to address the committee."

End of Dale Emch's testimony

It appears that the proposed bill that would have stripped pit bulls from the vicious dog definition has been killed. Nonetheless, we remain committed to working with Mr. Skeldon and other dog wardens to maintain laws designed to protect people from the devastating consequences that can be caused by pit bull attacks.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Owens nursing school loses accreditation | Can I get a job if I was an Owens nursing student?

blog@www.charlesboyk-law.com (blog Author)20648 — Tue, 27 Oct 2009 08:00:00 EST

According to the Findlay Courier, Owens Community College's associate degree registered nursing program was denied its continuing accreditation this year from the National League for Nursing Accrediting Commission's board of commissioners.

The Owens nursing students can still take their Ohio licensing exams, and the school remains accredited with the State of Ohio, but the program lacks the important accredition that allows students to transfer to a four-year university or obtain a job.

The problem remaining is the number of students who would have transferred to another school had they known about the Owens nursing school accreditation problem, as well as how long Owens Community College has known that they were not accredited with the National League for Nursing Accrediting Commission. Students are also concerned that they will not be able to transfer to a four-year college or university, and whether or not earning a degree from a non-accredited school will hurt their chances of obtaining a job. Can you still get a good job if you were an Owens nursing student?

Want to know what to do next if you are a nursing student at Owens Community College? Owens Community College nursing students need to know the proper legal steps to take. Contact our office at 800.637.8170, 24 hours a day, 7 days a week to speak to an attorney immediately.

Attorney Dale Emch testified against pit bull advocates who feel the dogs have been unfairly targeted. Part 1

blog@www.charlesboyk-law.com (blog Author)19346 — Mon, 26 Oct 2009 08:00:00 EST

Attorney Dale Emch, from our office, felt strongly enough about the issue that he teamed up with Mr. Skeldon and dog wardens across the state in resisting a proposed change to state law that would have stopped pit bulls from being labeled as vicious dogs. Here's a copy of the testimony Mr. Emch gave to an Ohio House of Representatives' committee that was considering the change:

Dale Emch's testimony

"Chairman Reinhard, thank you for allowing me to address this committee on this controversial and important issue. I am testifying in opposition to House Bill 366 because I think it would be a mistake not to keep pit bulls labeled as vicious dogs under the state law. The law provides dog wardens like Tom Skeldon in Lucas County and law enforcement officials throughout the state with a powerful tool to regulate ownership of dogs that have the ability, and apparently the propensity, to cause tremendous harm to people.

"I'm here today as an attorney who has dealt with the types of injuries pit bulls can cause in just a matter of seconds. In our Toledo law office, nine of the 23 dog bite cases we're handling involve pit bulls. That's 39 percent, which strikes me as being disproportionately high when you consider how many different breeds of dogs there are in our state. I recognize this is a such a small sampling that it is statistically meaningless in the broader context of this discussion, but it gives you at least a glimpse of what we're seeing. I'll leave it to Mr. Skeldon and his colleagues to provide the statistical information this committee needs to evaluate whether pit bulls should remain labeled as vicious dogs."

"I'd like to provide you with some evidence of just how much damage these dogs can do. In the three cases I'll discuss, it's worth noting that none of the attacks were provoked, nor is there any evidence that these dogs were trained to fight or that they were owned by gang members. Something tripped their switch and they attacked."

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Pit bulls are considered one of the most vicious breeds of dog. | Swanton, OH dog attack lawyer

blog@www.charlesboyk-law.com (blog Author)19345 — Fri, 23 Oct 2009 08:00:00 EST

Any attacking dog can be dangerous and scary, but pit bulls seem to create a greater risk of serious injuries. The attorneys in our office have found that a disproportionate number of our cases involve pit bulls.

Under Ohio law, pit bulls are presumed to be vicious and are governed by specific rules. Some of the rules include keeping the dog in a locked pen with an enclosed top, keeping the dog behind a locked fence, walking the dog with a chain-linked leash, and carrying special insurance to ensure that there's an adequate amount of money available to compensate the victim of a pit bull bite.

In most large cities in Ohio, pit bulls have become an increasing problem. In Toledo, where our main office is based, Lucas County Dog Warden Tom Skeldon has seen the number of seized pit bulls increase from 50 in 1993 to 1,354 in 2007. Mr. Skeldon said those numbers are representative of the increases of seized pit bulls nationwide.

Mr. Skeldon has been a champion of trying to control the pit bull population in Lucas County and across the state. He's witnessed the serious injuries pit bulls can cause because they've been bred to bite and hold, while most dogs simply bite and release.

Pit bull advocates, though, continue to try to strip away the protections built into state law because they feel the dogs have been unfairly targeted. The attorneys in our office remain committed to maintaining the laws regulating pit bull ownership because we've seen the devastating injuries caused by pit bull attacks.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Ohio plane crash report: Pilot warned not to drive | Ohio plane crash accident lawyers

blog@www.charlesboyk-law.com (blog Author)20452 — Fri, 23 Oct 2009 08:00:00 EST

The National Transportation Safety Board just released their factual report on a case our Ohio plane crash lawyers are handling involving the Ohio fatal plane crash that killed six people, including a four-year-old girl.

The report finds that the pilot, Gene Damschroder, was advised on at least two separate occasions by his eye doctor not to drive, according to the Toledo Blade.

Mr. Damschroder had also been involved in four Ohio car accidents from 1998 to 2008, according to the report, and the 86-year-old had also been treated for age-related macular degeneration.

Ohio plane crash lawyer Dale Emch was quoted by the Toledo Blade regarding the fatal Ohio plane crash.

"I think the NTSB factual report makes it absolutely clear that Mr. Damschroder had no business driving a car let alone flying a plane, particularly a plane full of people who were paying to support the Lions Club," Attorney Dale Emch said. "I think it was really outrageous that he was flying around all of those people, all day long, let alone the young people on that plane that died that day, when he had been warned that he shouldn't be driving a car, both in 2007 and 2008, according to the NTSB report."

Our condolences go out to all families who lost a loved one in the plane crash.

After an Ohio dog bite, a victim has 6 years to file a lawsuit. | Findlay, OH dog bite lawyers

blog@www.charlesboyk-law.com (blog Author)19344 — Thu, 22 Oct 2009 08:00:00 EST

In any injury case, the victim has a limited timeframe in which to file a lawsuit or the claim will be lost forever. Dog-bite cases are no different, but the timeframe is longer. A dog-bite victim has six years from the date of the bite to bring a lawsuit, as opposed to the two-year period people have if they've been injured in a traffic accident. This period is called the statute of limitations.

This extended period to bring a claim allows people a better opportunity to fully recover before they must bring a lawsuit. Dog-bite injuries often take a long time to resolve, particularly if scar-revision surgery becomes necessary.

Children have an even longer period in which to file a lawsuit in a dog-bite case. A child who is bitten by a dog has six years past the age of majority to bring a claim, which means six years past their 18^th birthday. The extended period works to the advantage of a child who was bitten by a dog. Child victims of dog bites often are left with scars on their faces or necks. Because they're still growing, they sometimes have to go through a number of surgeries over a period of years to repair their scars.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Landlords aren't generally liable for Ohio dog bites. | Findlay, OH dog bite attorneys

blog@www.charlesboyk-law.com (blog Author)19343 — Wed, 21 Oct 2009 08:00:00 EST

Compensation for most dog-bite claims comes from the owner or keeper's homeowner's insurance policy. If the injuries from the bite are serious, most people won't have the money to pay the victim fair compensation. They need to rely on their insurance to cover the victim's claims.

This area becomes somewhat muddled when the owner or keeper of a dog is a renter, rather than the owner of property. If that person has rental insurance, the victim may be compensated from that policy. If the dog's owner doesn't have renter's insurance, the dog-bite victim may try to seek compensation from the landlord. Though there are exceptions, this generally results in a dead end.

In Ohio, landlords generally are not responsible for the actions of a tenant's dog. First of all, to make a landlord liable, it would have to be shown that the landlord harbored the dog. Almost all of the caselaw that we've read says that landlords are not harborers of a dog if the tenant has exclusive possession and control of the property. In most situations, tenants are deemed to have possession and control of the rental property during the lease period.

This equation changes slightly where rental property has a common area such as a shared yard or shared hallway. If the bite happens in a common area, a landlord might be liable as the harborer of the dog.

Some judges have found, however, that if a landlord knew a tenant's dog was vicious and still allowed the dog to remain at the property, the landlord can be held liable for any injuries caused by a dog bite.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

There is strict liability imposed on dog owners. | Bowling Green, OH dog attack lawyers

blog@www.charlesboyk-law.com (blog Author)19342 — Tue, 20 Oct 2009 08:00:00 EST

The laws and rules governing dog bites in Ohio differ from those applied to other injury claims. To prove negligence in a normal case - a traffic accident, for instance - the injured person has to prove that the other driver had a duty not to injure him; the other driver violated that duty; and that the violation of that duty caused certain injuries for which financial compensation should be awarded.

In a dog-bite case, the victim doesn't need to show that the owner or keeper of the dog had a duty, or responsibility, to see that the dog didn't cause injury. In Ohio, the owner, keeper, or harborer of a dog is strictly liable for all injures or damages to property caused by the dog. Boiled down, what that means is that the injured person just needs to show that the dog bite caused injuries and that compensation should be awarded for medical bills and pain and suffering.

Holding the owner, keeper, or harborer of a dog strictly liable for any injuries works to the advantage of the dog-bite victim. It makes the case much easier to prove and eliminates a lot of barriers to holding the dog's owner responsible. Dog owners have just a few defenses: If the victim was criminally trespassing or attempting to trespass, or was teasing, tormenting, or abusing the dog.

These rules are drawn from the most relevant state law for dog-bite cases, namely Ohio Revised Code 955.28(B). That section of the code says: "The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property."

The statute speaks of owners, keepers, and harborers. The definition of an owner is pretty straightforward, but the terms "keeper" and "harborer" are a bit less clear.

A keeper is a person who maintains some type of control over the dog, even if only on a temporary basis. So someone who is caring for a dog or is in charge of a dog can be termed a keeper.

A harborer is a person who controls the place where a dog lives. Someone can be a harborer even if they simply allow a dog to live in the home without protesting its presence. That definition would seem to include landlords, but that's not necessarily the case. Please see the section below on landlord liability.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Ohio dog bites can be devastating. | Toledo, OH dog bite attorney

blog@www.charlesboyk-law.com (blog Author)19341 — Mon, 19 Oct 2009 08:00:00 EST

The attorneys in our office are all dog lovers. Like most people, we view our dogs as part of the family.

But, unfortunately, we often see the devastating consequences that can result from dog bites. We've seen injuries ranging from scars our clients will bear on their faces for the rest of their lives to wounds so deep that muscle and ligaments were exposed. Obviously the bites and resulting medical treatment are painful. But being attacked by a dog also can be tremendously scary, particularly if the victim is a child or an elderly person.

In the United States, approximately 800,000 people a year suffer injuries from dog bites that are significant enough to require medical treatment, according the Centers for Disease Control and Prevention. Children are particularly vulnerable. Of the dog-bite victims needing medical attention, half are children, the CDC found. Kids between the ages of 5 and 9 years old experienced the most bites, according to the CDC.

People who go through the traumatic experience of being bitten by a dog deserve to be fairly compensated for their medical bills and the pain they've suffered. The most likely source for that compensation will be the homeowner's insurance policy of the dog owner. And anyone who has dealt an insurance company knows that the company would rather keep the money in its pocket rather than put it into yours.

If you or someone you know has suffered personal injury from a dog bite contact our Toledo, Ohio accident attorneys to order your FREE copy of The Ohio Dog Bite Book.

Tips to maximize your recovery after an Ohio motorcycle accident Part 10

blog@www.charlesboyk-law.com (blog Author)18443 — Tue, 13 Oct 2009 08:00:00 EST

Hire a lawyer experienced in motorcycle and car accident cases.

Furthermore, you're not likely to have experience with the types of arguments you're going to hear from insurance adjusters. Hiring a lawyer lessens the amount of hassles you'll face and you'll almost certainly net more money, even after attorney fees and expenses are subtracted.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Swanton, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book

Tips to maximize your recovery after an Ohio motorcycle accident Part 9

blog@www.charlesboyk-law.com (blog Author)18442 — Mon, 12 Oct 2009 08:00:00 EST

Don't exaggerate the impact of your injury.

You're entering a world you likely didn't know existed. As we've said earlier in this book, insurance companies prosper by paying accident victims as little as possible. In an effort to do that, they'll resort to what you may regard as underhanded behavior. They may hire a private investigator to spy on you, they may have someone engage you in conversation about your injuries, or they may videotape you as you go about your day.

So, if you exaggerate the extent of your injuries by doing something like hobbling around on crutches when you can walk just fine, and then you're filmed running a marathon, don't be surprised when your case collapses. Don't play games when it comes to dealing with your injury case.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Toledo, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book

Tips to maximize your recovery after an Ohio motorcycle accident Part 8

blog@www.charlesboyk-law.com (blog Author)18441 — Fri, 09 Oct 2009 08:00:00 EST

Don't hide information from your lawyer.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Findlay, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

Tips to maximize your recovery after an Ohio motorcycle accident Part 7

blog@www.charlesboyk-law.com (blog Author)18440 — Thu, 08 Oct 2009 08:00:00 EST

Honesty is the best policy.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Bowling Green, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

Tips to maximize your recovery after an Ohio motorcycle accident Part 6

blog@www.charlesboyk-law.com (blog Author)18439 — Wed, 07 Oct 2009 08:00:00 EST

Start a file to document everything connected to your case.

Make sure you keep every bill, police report, and document connected to your motorcycle accident claim. The insurance company has a right to see evidence of medical bills for which you're seeking reimbursement. Keeping track of your bills also ensures that you won't settle your claim without making sure you've been compensated for all of your expenditures. This is true even if you have health insurance because you may have to repay your provider for any bills they've paid on your behalf if there's a settlement.

In addition to documenting your treatment, keep track of any wages you've lost because you've been unable to work. Don't assume you'll automatically get reimbursed for your lost wages. You have to get a note from your doctor if you miss work because of the injuries from the accident and you'll have to get documentation from your employer about your rate of pay and how much money you lost because you weren't able to work.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Perrysburg, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

Tips to maximize your recovery after an Ohio motorcycle accident Part 5

blog@www.charlesboyk-law.com (blog Author)18438 — Tue, 06 Oct 2009 08:00:00 EST

Don't sign any medical authorization forms at the request of an insurance company.

Insurance companies often try to get accident victims to sign and return authorization forms that allow them to obtain your medical records. The forms usually are drafted so the insurer gains access to all of your medical information, not just information relating to your accident. It allows an insurance company to go on a fishing expedition for any other medical problems that might explain the pain you're experiencing.

If your injuries are serious, you should consult an attorney to deal with these issues. Your attorney will ask you to sign medical authorization forms that will be used to obtain the information that's related to your accident. Only the information relevant to your accident or injury will be sent to the insurance company so your claim can be evaluated. This protects you from having personal information winding up in the wrong hands.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Toledo, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

Tips to maximize your recovery after an Ohio motorcycle accident Part 4

blog@www.charlesboyk-law.com (blog Author)18437 — Mon, 05 Oct 2009 08:00:00 EST

Don't provide a statement to the adjuster.

If an insurance adjuster contacts you, don't make any statements about the accident, your physical condition, and whether you're being treating by a doctor. The adjuster may be recording your conversation and certainly will be taking notes. You can settle any claims dealing with the damage to your motorcycle, but any statements you make about your injuries could come back to haunt you. Simply thank the adjuster for calling, tell her that you don't want to make any statements, and that you don't want her to call back. Tell the adjuster you'll initiate a conversation when you're ready. You don't have to be rude, but you need to be firm. The adjuster can't make you talk.

It's a foreign concept to most people, but you have to view your injury case with the idea that it could go to trial. Most cases don't, but you don't want to hinder your negotiating strength by making a statement to an adjuster that can be misconstrued or twisted. The concern about making a statement is that you may not know the extent of your injuries right after an accident. It's not uncommon for people to feel worse in the weeks or months following the accident than they do in the immediate aftermath.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Findlay, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

Tips to maximize your recovery after an Ohio motorcycle accident Part 3

blog@www.charlesboyk-law.com (blog Author)18436 — Fri, 02 Oct 2009 08:00:00 EST

Don't underestimate the insurance adjusters who contact you.

It's no shock that insurance companies often own the tallest skyscrapers in a city. They have powerful lobbies throughout the country and, along with other business interests, have done their best to get legislation passed that makes it hard for accident victims to be fairly compensated. They've gotten rich by collecting as much money as possible from all of us while trying to avoid making fair settlements with people suffering from accidents they didn't cause.

So, when an adjuster representing the person who caused the accident gives you a call, keep in mind where their loyalties lie. They'll likely be extremely pleasant, but they have one goal: to settle your claim as cheaply as possible. They do this for a living, all day and every day. Because this is probably the first time you've been an accident victim, you are at an obvious disadvantage. Be smart when you're dealing with them - or better yet, hire a lawyer who deals with insurance companies on a daily basis. After all, the insurance companies have professionals working for them, so you should too.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Swanton, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

Tips to maximize your recovery after an Ohio motorcycle accident Part 2

blog@www.charlesboyk-law.com (blog Author)18435 — Thu, 01 Oct 2009 08:00:00 EST

Don't rush to settle your claim quickly.

If you're reading this book because you were recently involved in an accident caused by another driver, you may already have received a call from an insurance adjuster trying to settle your claim. Typically, an adjuster will wave a few thousand dollars under your nose to settle the claim quickly. It sounds good until you realize you're hurt more seriously than you anticipated or your medical bills end up eating into that money.

If you're tempted to settle your case below its value just because you need money for your medical bills, hold off. If you hire an attorney, the attorney usually will be able to work out an arrangement with your health-care provider for your provider to be paid out of the proceeds of your settlement. The doctor or chiropractor will continue to treat you without requiring payment after receiving what's called a "letter of protection" from your lawyer. This allows you to continue getting the treatment that you need, while ensuring the doctor is paid at the end of your case.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Bowling Green, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

First tip to maximize your recovery after an Ohio motorcycle accident

blog@www.charlesboyk-law.com (blog Author)18434 — Wed, 30 Sep 2009 08:00:00 EST

Seek treatment immediately.

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 motorcycle accident will be based to some degree on the amount of your medical bills.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Toledo, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

How to safely break up a dog fight | Ohio dog bite lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)19182 — Wed, 30 Sep 2009 08:00:00 EST

A recent dogfight broke out amongst Toledo, Ohio dog bite lawyer Chuck Boyk's new Doberman puppy and another dog while at Swan Creek Metro Park in Toledo, Ohio. While it was not the safest thing to do, Chuck's 11-year-old daughter Sarah jumped in and broke up the fight.

In light of this new experience in the Boyk family, we would like to give tips on the PROPER way to break up a dogfight without getting hurt (Sarah and Jazzy were fine, luckily).

Instead of punching the dog that is not yours, like Sarah did, the safest way to break up a dogfight requires two people. Each person grabs the back feet of one of the dogs. The dog's back feet are then picked up like a wheelbarrow. With the legs up, both dogs are then pulled apart.

Here are some tips if you are by yourself, taken from www.leerburg .com:

· Keep your cool.

· Do not waste time screaming at the dogs. It hardly ever works.

· Go get a leash (allow the fight to continue while you do this).

· Dogs are almost always locked onto one another. Walk up and loop the leash around the back loin of the dog by either threading the leash through the handle or use the clip. I prefer the thread method.

· Now slowly back away and drag the dog to a fence or to an object that you can tie the leash to. By doing this, you effectively create an anchor for one of the dogs.

· Then walk around and grab the back legs of the second dog and drag it away from the dog that is tied up. Remember to turn and circle as they release.

· Drag the dog into a dog pen or another room before you release the back legs.

· Go back and take the dog off the fence and put him or her into a dog kennel.

If you or someone you know has suffered injuries from an Ohio dog bite, order your free copy of The Ohio Dog Bite Book by calling 800.637.8170 to learn your rights after an Ohio dog bite.

Top reasons for hiring an attorney after your Ohio motorcycle accident Part 5

blog@www.charlesboyk-law.com (blog Author)18432 — Tue, 29 Sep 2009 08:00:00 EST

Motorcycle injury lawyers know how to protect your rights

Lawyers help level the playing field between you and insurance companies. As we wrote earlier, insurance adjusters handle claims for a living. Naturally they have a tremendous advantage over most people when negotiating a settlement. This is true even if you are very sophisticated in other areas of your life.

Injury cases are far more complicated than they often appear. The number of legal issues that arise even in seemingly straightforward cases can be tricky for even for lawyers who specialize in representing injured people.

For example, we've handled numerous cases where it appears that there isn't enough insurance money to compensate the injured client. Because of our experience, we've been able to find coverage that allowed our client to receive compensation for their medical bills, lost wages, and pain and suffering. We've also been able to help families who have lost a loved one obtain financial stability.

Delaying in hiring a lawyer simply doesn't make sense when considering the complicated nature of most motorcycle injury claims.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Fremont, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

15-year-old autistic boy loses his life after negligent prescription | Ohio medical malpractice lawyers

blog@www.charlesboyk-law.com (blog Author)19179 — Tue, 29 Sep 2009 08:00:00 EST

A civil suit was filed in Seattle, Washington after a 15-year-old autistic boy suffered wrongful death after a drug overdose caused by a painkiller patch called fentanyl.

The boy had gone to Seattle Children's Hospital for a routine tooth extraction and was prescribed the fentanyl patch for pain, at the highest recommended dosage, and sent home. He was found unresponsive the next morning and pronounced dead at the scene.

Seattle, Washington attorney Chris Davis helped the mother of the boy file a civil suit in the King County Superior Court, hoping to hold the Seattle Children's Hospital accoutable for the boy's death.

"I've already consulted with three experts across the country -- all of them say this is a very egregious case," Chris Davis said. "First, he never should have been given (the fentanyl patch). Second, he was given the highest dose available."

If you or someone you know has suffered the loss of a loved one due to tragic circumstances, you need information. Contact our Ohio wrongful death lawyers for your free copy of The Ohio Wrongful Death Book.

Top reasons for hiring an attorney after your Ohio motorcycle accident Part 4

blog@www.charlesboyk-law.com (blog Author)18431 — Mon, 28 Sep 2009 08:00:00 EST

Settling claims before consulting an attorney can be a major mistake

Rushing into a settlement with an insurance company could cause serious financial harm to you and family. Insurance companies often try to contact people who have been injured in an accident or the family members of those who have been killed within a few days of the accident in order to settle the claim quickly.

The money may look good at first when you're lying in a hospital bed unable to work. The problem is that once you settle your claim, it's settled forever. Even if you end up being more injured than you initially thought, you won't receive more compensation.

You also likely have no idea what a fair settlement would be. An experienced motorcycle accident attorney understands the many different factors that go into evaluating the value of your claim. Settling the claim too quickly could cause you and your family significant financial harm.

Do not be in a hurry to settle the case. Just inform the insurance adjuster that you're going to consult with an attorney to make sure your rights are protected. They won't like this, but just be firm and polite.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Findlay, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

Top reasons for hiring an attorney after your Ohio motorcycle accident Part 2

blog@www.charlesboyk-law.com (blog Author)18429 — Fri, 25 Sep 2009 08:00:00 EST

Important evidence may be lost or destroyed

After an accident, injured riders must focus on making the best medical recovery possible. The treatment can be long and hard, often involving hospital stays and physical therapy. It's natural that your first thought isn't hiring a lawyer.

But if you're reading this book because you've been injured in a motorcycle accident, you should consult a lawyer as soon as possible to avoid the loss of crucial evidence that may be critical to your case.

An attorney understands that the only way to prove a case is through the presentation of evidence. Preserving evidence before it gets lost or destroyed can make or break a case. While certain documents or items may not seem important to you, an attorney may realize that they must be gathered and saved, and sometimes may require immediate legal action.

In some cases, it's important to have your motorcycle inspected before it's repaired or destroyed. In other cases, the attorney may want to preserve evidence from the vehicle that struck you. And witness statements must be gathered while memories are still fresh.

In motorcycle cases, experienced attorneys know the critical importance in documenting the severity of the injuries. In our office, we have a sophisticated digital camera that we use to take photos of the wounds caused by an accident. In some circumstances, we hire professional photographers to take the images. Photos of injuries often are worth a 1,000 words of clinical descriptions in medical records.

Photographing the scene as soon as possible, hiring an accident reconstructionist, and retaining a private investigator to assist with evidence gathering may be critical to the success of your case. An experienced attorney will understand what evidence will be necessary to help you receive fair and just compensation.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Toledo, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

Top reasons for hiring an attorney after your Ohio motorcycle accident Part 3

blog@www.charlesboyk-law.com (blog Author)18430 — Fri, 25 Sep 2009 08:00:00 EST

Signing medical authorization forms could damage your claim

Signing documents before consulting a lawyer could sink your motorcycle claim. When representatives of insurance companies ask you to sign certain documents shortly after you've been injured, alarm bells should be going off in your head.

Insurance companies often will ask you to sign authorization forms that allow them to access all of your medical records. They'll pass it off as something that's routine and necessary if you want to make a claim. What they don't tell you is that signing authorization forms allows them to dig through your personal medical history that has nothing to do with your motorcycle accident injuries. This not only violates your privacy but could damage your case.

An experienced injury attorney will stop the insurance company from having any contact with you. Your attorney will gather your medical records and present only the information that has to do with your case to the insurance adjuster. This is another example of why it's a mistake to wait before consulting a lawyer.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Toledo, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

Number one reason for hiring an attorney after your Ohio motorcycle accident

blog@www.charlesboyk-law.com (blog Author)18427 — Thu, 24 Sep 2009 08:00:00 EST

Missing crucial deadlines can destroy your motorcycle injury case!

In any accident case, the injured person needs to understand that there are important deadlines that cannot be missed. The most crucial deadline is the date by which a lawsuit must be filed, which is called the statute of limitations. If this deadline is missed, you will be forever barred from making a claim.

In a typical motorcycle accident case involving injuries or death, the statute of limitations is two years. If a lawsuit hasn't been filed within that two-year period, no claim can ever be made.

Injury claims involving children under 18 years of age are handled differently. Minors who have been injured have until two years past their 18^th birthday to file a claim.

Please understand that delaying hiring a lawyer could destroy your motorcycle injury case.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Bowling Green, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

Four more tips every Ohio motorcycle rider should know | Bowling Green, Ohio motorcycle accident lawyer

blog@www.charlesboyk-law.com (blog Author)18426 — Wed, 23 Sep 2009 08:00:00 EST

1.Honesty is the best policy - Be honest about your injuries. Nothing will kill your claim faster than being caught in a lie.

2.Don't hide information from your lawyer - Your lawyer needs to know the good, the bad, and the ugly about your case to properly represent you.

3.Don't exaggerate your injuries - Exaggerating the extent of your injuries could come back to haunt you if the insurance company films you participating in an activity you shouldn't be able to do.

4.Hire a personal injury lawyer - Insurance companies employ professionals who deal with personal injury cases every day. Shouldn't you?

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Bowling Green, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

Three more tips every Ohio motorcycle rider should know Part 2 | Sylvania, Ohio motorcycle accident lawyer

blog@www.charlesboyk-law.com (blog Author)18423 — Tue, 22 Sep 2009 08:00:00 EST

1.Don't provide a statement to the adjuster - Don't make any statements about your case until you consult with a lawyer.

2.Don't sign medical authorization forms - Don't sign authorization forms that allow an insurance company access to your private medical records. Only sign forms completed by your lawyer.

3.Document everything - Start a file for all police, medical, and insurance documents related to your case.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Sylvania, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

Three tips every Ohio motorcycle rider should know Part 1 | Perrysburg, Ohio motorcycle accident lawyer

blog@www.charlesboyk-law.com (blog Author)18419 — Mon, 21 Sep 2009 08:00:00 EST

1.Seek treatment immediately - The best thing you can do after an accident is to seek medical treatment immediately and follow your doctor's orders.

2.Don't rush to settle your claim - Don't settle your claim before you complete your medical treatment. A few thousand dollars may sound good until you realize it doesn't come close to compensating you for the injuries you've suffered in your motorcycle accident.

3.Don't underestimate the insurance adjuster - Insurance adjusters have a huge advantage over you because they settle claims every day. You need a lawyer to help deal with them.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Perrysburg, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

Every Ohio motorcycle rider is at risk Part 2 | Swanton, Ohio motorcycle accident lawyers

blog@www.charlesboyk-law.com (blog Author)18418 — Fri, 18 Sep 2009 08:00:00 EST

Regardless of how you feel about the issue, statistics show it's safer to ride with a helmet. In 2007, 63 percent of the motorcyclists killed were not wearing a helmet, according to the Ohio Department of Public Safety. In 2006, 70 percent of riders killed had no helmet. Of those who were injured, roughly 51 percent weren't wearing a helmet.

Statistics don't always tell the whole story and we don't offer them to alarm you, but they do give us all an idea of how dangerous it can be to ride a motorcycle. Many times, motorcyclists aren't responsible for the accidents in which they've been involved. In those situations, they need a lawyer to guide them through the often-complicated personal injury process.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Swanton, Ohio motorcycle accident lawyers for your free copy of The Ohio Motorcycle Accident Book.

Every Ohio motorcycle rider is at risk Part 1 | Toledo, Ohio motorcycle accident attorneys

blog@www.charlesboyk-law.com (blog Author)18414 — Thu, 17 Sep 2009 08:00:00 EST

The allure of hitting the open road on a motorcycle isn't just the stuff of Hollywood movies. Riding is fun and exciting. But anyone who has ridden knows it's undeniably dangerous. Bikers know there's a risk every time they roll out of their driveways, often from the actions of car and truck drivers.

In 2007, 190 people were killed, and 4,053 were injured in motorcycle accidents, according to the Ohio Department of Public Safety. Of the riders killed, 13.7 percent were between 21 and 25 years old, the highest percentage for any age group that year. The next highest groups were 36 to 40 year olds and 51 to 55 year olds, both tied at 12.1 percent.

Riders between the ages of 41 and 45 years old sustained the most injures in 2007 at 13 percent. Riders 46 to 50 comprised 12.9 percent of those injured, with 21 to 25 year olds close behind at 12.6 percent.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our Toledo, Ohio motorcycle accident attorneys for your free copy of The Ohio Motorcycle Accident Book.

Mother of 8-year-old sues school system after child is raped | Toledo, Ohio child molester lawyers

blog@www.charlesboyk-law.com (blog Author)18411 — Wed, 16 Sep 2009 08:00:00 EST

The mother of an 8-year-old child who was raped by a school security guard has brought suit to recover monetary damages against the perpetrator, his employer REMCO security, and Mahoning County Board of MRDD. Our Toledo, Ohio child molester attorneys are handling the suit.

The incidents occurred during the summer of 2007 when the Mahoning County Board of MRDD hired REMCO Security to provide a security guard at the Leonard Kurtz School. REMCO provided Harry Fraley who was convicted of two separate instances of public indecency in front of a minor child in the late 1990's. Fraley befriended the victim's family and was later convicted of raping the child. He is currently in North Central Correctional Institution serving a 10-year sentence.

To read more about the lawsuit, or to read the viewpoints of our Findlay, Ohio lawyers, follow our next blog. You can also order your free copy of Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio by calling 800.637.8170 or by visiting www.ohiochildaccidentbook.com.

Statistics show car accidents are common on Ohio roads | Findlay, Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)18421 — Wed, 16 Sep 2009 08:00:00 EST

Accidents happen every day. You're driving down the road, heading to the grocery store or to work, and another driver plows into you. A crash can start a chain of events ranging from minor inconveniences to a complete disruption of your physical and financial health. Accidents can cause devastating injuries that lead to months or years of pain and medical treatment. They also can create tremendous financial hardship if you are unable to work for an extended time.

Statistics show accidents are a common occurrence on Ohio's roads. From 2001 through 2007, there were 367,002 crashes annually, according to the Ohio Department of Public Safety. During that same period an average of 133,486 people were injured annually and 1,312 people were killed every year on Ohio roads. To crunch the numbers even further, 322 people were injured or killed every day in traffic accidents in 2007, according to the state.

If you or someone you know has suffered injuries due to an Ohio car accident, order your FREE copy of The Ohio Accident Book, written by our Findlay, Ohio car accident lawyers.

Avoid Ohio child bicycle accidents | Toledo, Ohio child bicycle accident lawyers

blog@www.charlesboyk-law.com (blog Author)18258 — Sat, 12 Sep 2009 08:00:00 EST

As all parents know, children also face dangers when riding their bicycles. Of the incidents reported in Ohio, 486 children through the age of 15 were injured in bicycle accidents in 2007, according to the Department of Public Safety. Two of those Ohio child bicycle accidents were fatal.

Injuries attributed to bicycle accidents dropped off in 2007 for children over the age of 16, perhaps because children that age don't ride their bikes as much once they reach driving age.

Across the United States, 15 percent of all bicyclists killed and 29 percent of those injured in 2007 were under the age of 16, according to the National Highway Traffic Safety Administration. That number actually has fallen pretty dramatically compared to statistics compiled for 1997. That year, 31 percent of all bicyclists killed and 44 percent of those injured were under 16 years old.

Those numbers may have dropped because of the increased emphasis on having children wear bicycle helmets. Wearing a helmet can reduce the risk of a head injury by 85 percent, according to the NHTSA. Brain injuries can be cut by 88 percent through helmet use, the national organization found.

If you or someone you know has a child who was injured in an Ohio child bicycle accident, order your FREE copy of Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio by calling our office at 800.637.8170.

Car accident involving Miguel Montoya and Jacob Martin takes one life | Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)17538 — Thu, 27 Aug 2009 08:00:00 EST

According to the Toledo Blade, Jacob Martin, 17, lost his life after a car accident involving one other vehicle. The Ohio Highway Patrol reported that Mr. Martin failed to stop at a stop sign, striking Miguel Montoya Sunday night, on State Route 51 and Fostoria Rd. Miguel Montoya was taken to St. Vincent Mercy Medical Center.

Our Ohio car accident lawyers at Charles E. Boyk Law Offices, LLC see accidents involving the tragic deaths of drivers on a regular basis, and urge everyone to be careful on the road.

If you or someone you know has been injured in an Ohio car accident, order your free copy of The Ohio Accident Book today.

Louisiana Ruling Gives Hurricane Victims More Options

blog@www.charlesboyk-law.com (news Author)1709 — Wed, 26 Aug 2009 08:00:00 EST

BATON ROUGE, La. -- A state judge Wednesday ruled as constitutional two new state laws giving insurance policyholders more time to sue their insurers or file claims over damage from hurricanes Katrina and Rita. District Court Judge Kay Bates, who read her ruling from the bench, said the extension of the time periods doesn't expand citizens' rights under existing contracts but gives those who were displaced by the storms more time to enforce their rights.

Paint makers respond to cities' lead lawsuits

blog@www.charlesboyk-law.com (news Author)2003 — Wed, 26 Aug 2009 08:00:00 EST

Cities suing the makers of lead paint don’t have all the facts and are trying to deflect blame for blighted housing, a spokeswoman for several paint manufacturers said Friday. This week, Canton became the latest Ohio city to sue companies that made lead paint, which was banned in 1978. East Cleveland, Toledo, Columbus, Lancaster and Cincinnati also have filed lawsuits.

Progressive Insurance: Insurance Company or Art Mogul?

blog@www.charlesboyk-law.com (news Author)2076 — Wed, 26 Aug 2009 08:00:00 EST

The largest and most expensive collection of American Art in the world belongs to Progressive Insurance.

Ohio's leading drunk driver gets 16 years in prison

blog@www.charlesboyk-law.com (news Author)2278 — Wed, 26 Aug 2009 08:00:00 EST

A Barberton man was sentenced Tuesday to 16 ½ years in state prison for his 19th and 20th drunken-driving offenses. Jess R. Brown, 51, has the worst drunken-driving record in Ohio so ``it's only fair and fitting that you receive the worst sentence,' Summit County Common Pleas Judge Patricia Cosgrove said. Brown, dressed in a bright orange jail outfit, stared at the ground through most of his sentencing. He attempted to withdraw his guilty plea at the beginning of the hearing, saying he hadn't been adequately represented.

LaVar Arrington In Serious Motorcycle Accident

blog@www.charlesboyk-law.com (news Author)2864 — Wed, 26 Aug 2009 08:00:00 EST

(CBS) WASHINGTON CBS 2 HD has learned former New York Giants linebacker Lavar Arrington was involved in a motorcycle accident in Maryland. He was immediately rushed priority one to Prince George's Hospital Center with unknown injuries, according to CBS affiliate WUSA-TV in Washington. The accident was said to have occurred on a ramp entering Interstate 495.

Skyway Bridge has "Human Costs"

blog@www.charlesboyk-law.com (news Author)2865 — Wed, 26 Aug 2009 08:00:00 EST

TOLEDO, Ohio – At precisely 10 p.m., the center pylon of Toledo’s new bridge lights up and fireworks erupt around it, sending sprays of fire into the night sky. On board the riverboat Detroit Princess, floating on the Maumee River below, more than 1,000 people raise their glasses and cheer. Some hug and wipe away tears. Others raise both arms, palms forward and fingers spread, as if to better capture the new structure’s radiance.

Baby seats recalled due to head injuries

blog@www.charlesboyk-law.com (news Author)3618 — Wed, 26 Aug 2009 08:00:00 EST

WASHINGTON (Reuters) - Some 1 million foam baby seats sold by Target Corp, Wal-Mart Stores Inc and other large retailers are being recalled because of reports of young children falling out of the seats, the U.S. Consumer Product Safety Commission said on Thursday. ADVERTISEMENT The safety agency said it received 28 reports of young children falling out of the seats, including three who suffered skull fractures because the seats had been placed atop tables.

Critics: ConAgra Mishandled Recall

blog@www.charlesboyk-law.com (news Author)3573 — Wed, 26 Aug 2009 08:00:00 EST

OMAHA, Neb. (AP) — Critics say ConAgra Foods Inc.'s delay in recalling pot pies linked to a nationwide salmonella outbreak increased the chance that more people would become sick, opened up the company to greater liability, and exposed a key weakness in the nation's food safety system: voluntary recalls.

Ford Sued Over Cruise Control Switch

blog@www.charlesboyk-law.com (news Author)3619 — Wed, 26 Aug 2009 08:00:00 EST

NEW YORK (Associated Press) - A Virginia man whose pickup truck caught fire last year is suing Ford Motor Co. for damages over a faulty cruise control switch that has led to engine fires and millions of recalled vehicles. Gary Medrano, of Woodbridge, Va., filed the lawsuit on Monday in U.S. District Court for the Southern District of Illinois, saying his 2000 Ford F-150 XLT caught fire in October 2006 because of problems with the cruise control switch. The complaint seeks class-action certification.

Car crashes into Toledo home

blog@www.charlesboyk-law.com (news Author)3788 — Wed, 26 Aug 2009 08:00:00 EST

WEST TOLEDO -- We have an update on breaking news we first brought you on News 11 at 11 on Tuesday. Two people were taken to a hospital and a west Toledo family is facing a day of clean up after a car crashed into their home around 11 Tuesday night in the 3800 block of Jackman at Berdan.

Three injured in two-truck crash

blog@www.charlesboyk-law.com (news Author)3984 — Wed, 26 Aug 2009 08:00:00 EST

GENOA -- A Clyde man was in serious condition Monday at a Toledo hospital after he was a passenger in a two-truck crash Saturday at Ohio 590 and Ohio 163. The passenger, Erwin Drown, 46, and the driver of the pickup in which he was riding, Tracy Drown, 42, Clyde, were taken by Life Flight medical helicopter to University of Toledo Medical Center. Tracy Drown was in stable condition Sunday night.

Toledo, Ohio truck accident attorneys obtain $1.25 million verdict for trucking accident victim who lost leg

blog@www.charlesboyk-law.com (news Author)5974 — Wed, 26 Aug 2009 08:00:00 EST

On April 21, 2002, our client Sean McMahon, an over-the-road trucker, was parked late at night at the Stony Ridge truck stop in Wood County. He left his truck and observed a fight between one truck driver in the parking lot and another truck driver who was within his tractor-trailer. The truck driver behind the wheel lunged his truck forward, and knocked the other trucker to the ground. Our client noticed that downed trucker was in the path of the trailer and managed to push him to safety. Unfortunately, at the same time, the trailer ran over Mr. McMahon’s lower right leg. The trucking accident ultimately caused his leg amputation.

Suit was filed in the Wood County Common Pleas Court against both the trucking company and its driver. The driver never responded, and we were able to obtain a judgment of $2,790,162 in compensatory damages and $500,000 in punitive damages against the driver, an amount that has since gone unpaid.

The trucking company employing the at-fault driver refused to accept any liability for the wrongful acts of its employee that caused the trucking accident and our client’s personal injury. It convinced the trial judge to dismiss our client’s case against them on the basis that trucking company didn’t condone the at-fault truck driver’s acts, and further argued that the at-fault driver was acting on his own and not furthering any company business.

The appeals court reversed the trial court dismissal, finding that the trial judge improperly ruled that the at-fault driver intended to injure our client or the victim our client was trying to save. There was no evidence in the record to support this finding.

The reinstated case was set for trial on September 30, 2008, in Bowling Green, where a $1.25 million jury verdict was awarded.

Toledo man charged after crash

blog@www.charlesboyk-law.com (news Author)4410 — Wed, 26 Aug 2009 08:00:00 EST

BENTON TOWNSHIP -- A Toledo man was charged Saturday with crashing his car while drunk on Ohio 579 south of Ohio 2, the Ottawa County Sheriff's Office reported.

Paul Hubbel, 43, faces one misdemeanor count of drunken driving, according to a report from the sheriff's office. He was not hurt in the crash, according to the report.

Toledo-Area Minister Sentenced to Jail for Drunk Driving

blog@www.charlesboyk-law.com (news Author)2867 — Wed, 26 Aug 2009 08:00:00 EST

MAUMEE, Ohio - A Toledo-area minister charged with drunk driving will spend more than a week in jail. Pastor Michael Pitts entered a no-contest plea to drunk driving Tuesday morning in Maumee Municipal Court. The case began in December 2006. According to the Ohio State Highway Patrol, Pitts was driving on US 20A in western Lucas County just east of the county line when he stopped for a routine vehicle inspection. The trooper said he smelled alcohol, and did a field sobriety test. For more information, follow the link below.

Ohio Sues Paint Makers Over Lead Paint

blog@www.charlesboyk-law.com (news Author)2579 — Wed, 26 Aug 2009 08:00:00 EST

COLUMBUS-Attorney General Marc Dann has sued several paint manufacturers alleging they continued to make and sell lead paint knowing it presented health hazards. Dann sued 10 companies including Sherwin-Williams and DuPont on Monday to ensure the state keeps the right to seek damages against the companies. That right is currently being fought over in an unrelated lawsuit involving Gov. Ted Strickland's veto of a bill prohibiting lead paint lawsuits.

Three Years Since I-280 Bridge Accident

blog@www.charlesboyk-law.com (news Author)2280 — Wed, 26 Aug 2009 08:00:00 EST

February 16 marks a tragic day in Toledo history. Three years ago, a crane collapsed on the I-280 bridge project. Four iron workers were killed, but the story of their sacrifices has not been forgotten. Out of respect for the families of the four men killed three years ago, cememonies to mourn their losses Friday are private. There will be no formal gatherings. The sacrifices and the tragedy of February 16, 2004 has not been forgotten. On that day a one thousand ton crane collapsed on several workers. Four were injured. Four others were killed --- Mike Phillips, Mike Moreau, Arden Clark, and Robert Lipinski Jr.

Jury awards $3.5 million after trucking accident | Ohio trucking accident lawyers

blog@www.charlesboyk-law.com (blog Author)17378 — Mon, 24 Aug 2009 08:00:00 EST

Our Ohio truck accident lawyers just read an interesting article in Lawyers USA regarding trucking accidents.

The article discussed a recent verdict where an Alabama jury awarded $3.5 million to a woman whose husband suffered wrongful death after being rear-ended by a logging truck at an intersection. The impact forced the man's car into another logging truck in front of him, causing the cargo to break the man's windshield, where it is believed that he died instantly.

If you or someone you know has suffered injury from an Ohio trucking accident, you need information. Contact our office today for your FREE copy of The Ohio Accident Book by calling 800.637.8170.

Hiring an Experienced Workers' Compensation Attorney: Part 2 | Northwest Ohio Work Injruy Lawyer

blog@www.charlesboyk-law.com (blog Author)16436 — Sun, 23 Aug 2009 08:00:00 EST

As mentioned above, you really need a lawyer if your claims are going to involve contested hearings. While a work comp hearing probably won't get as heated as a trial, it's still an adversarial process that pits you against your employer.
Before hiring a lawyer, sit down with him or her to make sure you'll be comfortable with the working relationship. You'll also likely be dealing with your lawyer's paralegal, who should have an in-depth understanding of how the process works and will help guide you through it. In fact, you probably will be dealing with the paralegal more often than the attorney on bureaucratic issues.
Once you decide to retain an Ohio work accident lawyer, you'll have to sign a contract that provides the specifics of your agreement. Most of these contracts are fairly simple, primarily addressing the fee arrangement and the rights and obligations of both parties. Make sure your lawyer gives you a copy of the contract you sign so you can keep it for your records.

If you or someone you know has been injured at work, you need information. Order your FREE copy of The Ohio Work Injury Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Hiring an Experienced Workers' Compensation Attorney: Part 1 | Toledo, Ohio Work Accident Attorney

blog@www.charlesboyk-law.com (blog Author)16435 — Sat, 22 Aug 2009 08:00:00 EST

In all but the most straightforward of workplace injuries, the issues encountered in an Ohio worker's compensation case are highly technical. The hearing officers and lawyers who do this work seem to speak a different language to each other, punctuated by awkward statements like "we've filed a C-92," or "this hearing is set for a TTD before a DHO." If you don't know that language and your employer has hired an attorney who not only speaks the lingo, but understands the nuances of the issues, you're probably going to be in trouble. It just makes sense for you to have legal representation as you navigate the work comp world.
A lawyer will be able to spot issues that will help maximize your claim so that you're compensated fairly. An attorney practicing in this field understands when it's time to file certain claims or forms, and has been through enough hearings that he or she knows what to expect. Lawyers who don't handle this type of work likely will be as in the dark as you are about the technical aspects, so find someone who makes worker's compensation a regular part of his practice.

Tips That Could Help Your Ohio Work Injury Case: Part 9 | Sandusky, Ohio Work Accident Attorney

blog@www.charlesboyk-law.com (blog Author)16434 — Fri, 21 Aug 2009 08:00:00 EST

Contested hearings: If your employer opposes your claim or a portion of your claim, there may be a contested hearing on the issue. In this situation, you really need an Ohio work injury attorney that handles a lot of worker's compensation cases. You need someone who knows what arguments to make for a particular situation in order to portray your situation in the best light possible with the hearing officer.

Home Depot customer is awarded $1.5 million after forklift injury | Ohio work injury lawyers

blog@www.charlesboyk-law.com (blog Author)17277 — Fri, 21 Aug 2009 08:00:00 EST

A recent article from the Jere Beasley Report reported that a Home Depot customer was recently awarded $1.5 million after a pallet of plywood fell on him while he and his wife were shopping in the store.

The Home Depot accident, which happened in a Marietta, Georgia store in 2005, caused 58-year-old Larry Reece to suffer severe neck and spine injuries that required $120,000 in medical treatment and surgeries.

The article also reported that the Home Depot has been involvedin numerous lawsuits, due to their extrememly high shelving system.

Our Ohio work injury lawyers have handled cases invovling injuries occuring at Home Depot and other "big box" stores. If you or someone you know has been injured at a "big box" store, contact our office today for your free consultation and case evaluation.

Tips That Could Help Your Ohio Work Injury Case: Part 8 | Bowling Green, Ohio Work Injury Attorney

blog@www.charlesboyk-law.com (blog Author)16433 — Thu, 20 Aug 2009 08:00:00 EST

Wage differential claims: If your Ohio work injury causes a reduction in your work hours or your rate of pay, you can file for wage differential benefits to help compensate you for the difference. The same concept holds true if your injury causes you to change employers and you are working for less pay or fewer hours than you were at your previous job.

Tips That Could Help Your Ohio Work Injury Case: Part 7 | Findlay, Ohio Work Injury Lawyer

blog@www.charlesboyk-law.com (blog Author)16432 — Wed, 19 Aug 2009 08:00:00 EST

Lost wages: When you seek temporary total disability benefits, you need to make sure your doctor files a C-84 form with the BWC so you can be compensated for your lost wages. Sometimes doctors forget to do this, so you need to request it or have your attorney work with your doctor's office.

Tips That Could Help Your Ohio Work Injury Case: Part 6 | Toledo, Ohio Work Accident Lawyer

blog@www.charlesboyk-law.com (blog Author)16430 — Tue, 18 Aug 2009 08:00:00 EST

-Mandatory drug testing: If it's done in a timely fashion, your employer can require you to take a drug test following your Ohio workplace injury. If requested, you have to take the test in order to proceed with your claim. If you test positive for drugs, your drug use will be presumed to have caused or contributed to the accident. That presumption, though, is rebuttable and so it doesn't always kill your case.

Tips That Could Help Your Ohio Work Inury Case: Part 5 | Findlay, Ohio Work Injury Lawyer

blog@www.charlesboyk-law.com (blog Author)16372 — Mon, 17 Aug 2009 08:00:00 EST

- Get medical treatment: Many people don't realize they don't have to get their injuries treated by their employer's doctor. You can treat with any doctor you want as long as the doc is certified by the BWC. If your family doctor isn't BWC certified, consult an Ohio work injury lawyer who does a lot of this work to get references for qualified doctors. You can only get compensated for the conditions that the BWC determines were caused by your workplace injury. Your attorney can file a motion that seeks coverage for additional conditions related to the injury. This becomes important if you later have to file a permanent partial disability claim.

If you or someone you know have suffered a work related injury, you need information. Order your FREE copy of The Ohio Work Injury Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Tips That Could Help Your Ohio Work Inury Case: Part 4 | Ohio Work Accident Attorney

blog@www.charlesboyk-law.com (blog Author)16371 — Sun, 16 Aug 2009 08:00:00 EST

- Get a claim number: You need an Ohio work injury claim number issued by the BWC. Once the FROI is filed, contact the BWC so you can get an ID claim card. Everything that happens with your case will be linked to the claim number on the card.

Tips That Could Help Your Ohio Work Inury Case: Part 3 | Bowling Green, Ohio Work Accident Lawyer

blog@www.charlesboyk-law.com (blog Author)16366 — Sat, 15 Aug 2009 08:00:00 EST

Tips That Could Help Your Ohio Work Inury Case: Part 3 | Bowling Green, Ohio Work Accident Lawyer

blog@www.charlesboyk-law.com (blog Author)16369 — Sat, 15 Aug 2009 08:00:00 EST

- First Report of Injury Form: Complete a First Report of Injury form, which is called a FROI in the work comp world. Your employer is supposed to fill out the form, but if that doesn't happen, an Ohio Work injury attorney can help you. The form is crucial because it's the only way you can get a claim number on file with the Bureau of Worker's Compensation. Without a claim number, your claim will go nowhere. So, complete a FROI as soon as possible. Generally, an injured worker has two years from the date of the injury to file a claim.

Tips That Could Help Your Ohio Work Inury Case: Part 2

blog@www.charlesboyk-law.com (blog Author)16364 — Fri, 14 Aug 2009 08:00:00 EST

Tips That Could Help Your Ohio Work Inury Case: Part 2 | Ohio Workers Compensation Attorney

blog@www.charlesboyk-law.com (blog Author)16365 — Fri, 14 Aug 2009 08:00:00 EST

- Report the injury to your employer: Always make sure you tell your employer when you've been injured at work. Ask your employer to produce a written report about the incident. Whether or not your employer completes a written report, make sure you document the date and time of the injury, how it happened, where it happened, and whether there were witnesses. Do this even if you have to produce the report yourself. Also, keep all receipts and hospital records.

If you or someone you know have suffered an Ohio work related injury, you need information. Order your FREE copy of The Ohio Work Injury Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Texting While Driving in Ohio | Toledo, Ohio Auto Accident Lawyer

blog@www.charlesboyk-law.com (blog Author)16935 — Fri, 14 Aug 2009 08:00:00 EST

Texting while driving may soon be outlawed in Ohio according to 13 ABC's website. Already, 16 other states have outlawed this habit after fatal crashes occurred due to texting while driving. When Nationwide did a study recently, they found that out of 1,500 18% of them text while driving and that number jumps to 39% for drivers under 30.

In order to understand the effects of texting while driving, Beverly Ricciardo, a Toledo driving instructor set up a safe course to test how a person's driving skills are effected if the text. In this scenario even a person who texts hundreds of times a day became distracted and had a difficult time holding onto the wheel while texting and driving. This is found to be a very dangerous habit.

Right now there are a few bills going through the Ohio legislature working to put some sort of a ban on texting while driving. Some of these bill are geared towards teen drivers, while others include all drivers.

If you or someone you know has been involved in an auto accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Tips That Could Help Your Ohio Work Inury Case: Part 1 | Northwest Ohio Work Injury Attorney

blog@www.charlesboyk-law.com (blog Author)16363 — Thu, 13 Aug 2009 08:00:00 EST

Everyone who has watched a courtroom drama has an idea of what court should be like. The imagined setting is a large, ornate courtroom presided over by a stern judge, with lawyers locked in heated battle in front of an engrossed jury.
That's not what you get in a worker's compensation case. The world of worker's compensation is a bureaucrat's dream.
In Toledo, the Industrial Commission is housed downtown in One Government Center. A large waiting area anchors the office, and a number of small rooms where cases are heard line the periphery.
Rather than having a judge preside over a case, a hearing officer will review the facts of each claim by reviewing medical reports and listening to lawyers or representatives of each party. In some cases, the hearing officer will take sworn testimony by the injured worker or from a representative of the employer. A finding may be issued on the spot, or the officer may take additional time to review all the evidence before coming to a decision.
It's not very dramatic, but obviously the outcome is important to the injured worker. Keep reading for a very general description of how the process works and our suggestions about some issues you may want to consider.

Benefits Available to Ohio Injured Workers: Workplace Intentional Tort | Toledo, Ohio Workers Compensation Lawyer

blog@www.charlesboyk-law.com (blog Author)16362 — Wed, 12 Aug 2009 08:00:00 EST

Sometimes an employer's conduct that results in a workplace injury can be so egregious that an additional claim can be made outside the worker's compensation system. This type of claim is made through a lawsuit filed in court that alleges a workplace intentional tort, which means the conduct was so bad that the courts view it as if the employer acted intentionally to cause the harm.
These cases have always been difficult to win because the standard that must be met in order to prevail is extremely high. In recent years, it's gotten even tougher. The Ohio General Assembly passed legislation that raised the standard of proof so high that an injured worker can only prevail on this type of claim in very limited circumstances. The Ohio Supreme Court has not considered whether this standard is constitutional, so an attorney would need to be consulted to determine whether this type of claim is viable.
In our practice, we handled a major workplace injury case that arose prior to the date the new statute took effect. The injured employee initially approached us about filing a worker's compensation claim for him after he suffered horrific injuries from an electrical shock. After looking at the facts of the situation, we determined that the employer acted with such complete disregard to numerous safety rules and regulations that we filed a lawsuit for workplace intentional tort. Eventually, a confidential settlement was reached for nearly $2 million.
The lesson here is that if your injuries were caused because your employer failed to follow the proper safety rules, you may be able to pursue a remedy that exceeds a worker's compensation claim.

Benefits Available to Ohio Injured Workers: Lump Sum Settlements | Toledo, Ohio Work Injury Lawyer

blog@www.charlesboyk-law.com (blog Author)16361 — Tue, 11 Aug 2009 08:00:00 EST

In certain circumstances, the employer and the Ohio injured worker may enter into a settlement agreement to compensate the worker for injuries sustained on the job. The settlement, though, must be approved by the BWC, regardless of whether the employer is state-funded or self-insured. The BWC settlement department determines whether the settlement agreement is justified and fair.
An injured worker should be careful before agreeing to a lump sum settlement because it will stop him from seeking additional compensation through the BWC. It closes the door for all payments for future compensation and future medical treatment related to the claim.

The authors of Little Kids, Big Accidents PART 2 | Findlay, Ohio chid injury attorneys

blog@www.charlesboyk-law.com (blog Author)16724 — Tue, 11 Aug 2009 08:00:00 EST

The authors of this book have more than 50 years of combined legal experience.

Chuck Boyk has been in private practice for 25 years and heads the Charles E. Boyk Law Offices, LLC. During his career, he has handled more than 4,000 injury cases to completion. Many of his cases have involved the injury or death of a child, which has given him a special appreciation for how difficult these situations are for parents.
Chuck has conducted numerous seminars for other attorneys to help them understand the world of personal injury law. In addition to his personal injury work, Chuck has represented thousands of criminal defendants, handling everything from routine traffic offenses to murder cases.

Mike Bruno also has been practicing law for 25 years. Mike, who has been named an Ohio Super Lawyer, has a unique background that benefits our clients. As an assistant Lucas County prosecutor, he handled thousands of felony cases, including death penalty murder cases. As an insurance defense attorney, he handled serious personal injury cases representing insurance companies. That experience has provided him with invaluable insight into how insurance companies will view our cases. Mike has handled more than 100 jury trials, is Board Certified by the National Board of Trial Advocacy, and is AV rated by Martindale Hubbell, the highest rating an attorney can receive.

Dale Emch focuses his practice on helping adults and children who have been injured in accidents or by dog bites. He writes a column for the Toledo Blade called "Legal Briefs," in which he answers readers' questions about a variety of legal issues. Dale graduated cum laude from the University of Toledo College of Law, where he was an associate member of Law Review. He serves on the Lucas County Public Defender Commission, the Lucas County Dog Warden Advisory Committee, and the Media Relations Board for the Toledo Bar Association.

Our Ohio car accident attorneys' varied experience gives us a unique perspective on the cases we handle and benefits
the families of those who have lost a loved one. Understanding the way insurance adjusters and defense attorneys will analyze the case gives us an added advantage we can pass on to our clients.

If your child has been injured in an Ohio accident, you need information. Contact our office today to order your FREE copy of Little Kids, Big Accidents to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Benefits Available to Ohio Injured Workers: Violation of a Specific Safety Requirement | Toledo, Ohio Work Accident Attorney

blog@www.charlesboyk-law.com (blog Author)16360 — Mon, 10 Aug 2009 08:00:00 EST

The state legislature and the state Industrial Commission require employers to follow a number of specific rules related to workplace safety. If an employer does not follow a rule designed to safeguard the lives, health, or safety of an employee, and the employee gets hurt as a result, a claim called a violation of a specific safety rule can be filed.
Essentially, this is a claim that both punishes the employer and compensates the employee. The award varies based on the severity of the injury and the extent of the violation.
In our office, we help clients file a report with the Occupational Health and Safety Administration, which oversees Ohio workplace safety issues. The administration conducts an investigation and cites the company if it finds violations. That report can be used to substantiate a claim alleging violation of a specific safety requirement.
An example of a situation where this type of award might be warranted would be when an injury results from an employer requiring an employee to work at a certain height without proper scaffolding or safety harnesses.

Benefits Available to Ohio Injured Workers: Permanent Total Disability | Toledo, Ohio Work Accident Lawyer

blog@www.charlesboyk-law.com (blog Author)16357 — Sun, 09 Aug 2009 08:00:00 EST

Someone who is injured so seriously on the job that he'll never be able to gain sustained employment is eligible for Ohio permanent total disability benefits.
If the hearing officer grants the application for permanent total disability, the injured worker can receive compensation for life.
Compensation for this type of award takes into account the statewide weekly wage average and whether the injured worker receives Social Security benefits.
A worker whose workplace injury caused him to become paralyzed would be an extreme example of someone who may be eligible for permanent total disability benefits. The injury, though, does not need to completely incapacitate the worker in order for this type of benefit to be awarded.

Benefits Available to Ohio Injured Workers: Permanent Partial Disability | Northwest Ohio Workers Compensation Lawyer

blog@www.charlesboyk-law.com (blog Author)16353 — Sat, 08 Aug 2009 08:00:00 EST

Sometimes workers sustain physical or psychological injuries that will remain with them forever, but may allow them to continue working. In such a case, the worker would be eligible for an Ohio permanent partial disability award based on the percentage of the impairment. For injuries that occurred prior to June 30, 2006, the injured worker had to wait 40 weeks before filing this type of claim. The waiting period for injuries after that date is 26 weeks.
In order to determine the percentage of loss, the worker is examined by a BWC doctor, who determines the percentage of impairment of the body part in question based on the American Medical Association's Guides to Evaluations of Permanent Impairment.
If the injured worker thinks the percentage determined is too low, he can object to that finding and opt for examination by his own doctor. The hearing officer then examines the findings by the doctors and determines the percentage of impairment. That percentage is the basis of any compensation the worker would receive.
The percentage of disability determined by the hearing officer is used to calculate the award paid based on a formula employed by the BWC.
An example of an injury that would be the basis of a permanent partial disability claim would be a worker who gets burned on the job and is left with permanent scar tissue. A percentage of disability would be determined to calculate the award paid to the worker.

Ohio child accident statistics PART 2 | Ohio kids accident attorneys

blog@www.charlesboyk-law.com (blog Author)16623 — Sat, 08 Aug 2009 08:00:00 EST

Bicycle accidents

Injuries attributed to bicycle accidents dropped off in 2007 for children over the age of 16, perhaps because children that age don’t ride their bikes as much once they reach driving age.

Those numbers may have dropped because of the increased emphasis on having children wear bicycle helmets. Wearing a helmet can reduce the risk of a head injury by 85 percent, according to the NHTSA. Brain injuries can be cut by 88 percent through helmet use, the national organization found.

Dog bites

Unfortunately, we often see the devastating consequences that can result from dog bites. We’ve seen injuries ranging from scars our clients will bear on their faces for the rest of their lives to wounds so deep that muscle and ligaments were exposed. Obviously the bites and resulting medical treatment are painful. But being attacked by a dog also can be tremendously scary, particularly if the victim is a child.

Some bites, while painful, require little recovery time. Others, though, cause damage to muscles, broken bones, and serious disfigurement. Victims with serious injuries may face numerous physical therapy sessions and multiple surgeries. Children, particularly those with facial scars, may have to endure a number of scar-revision surgeries as they grow up.

We don’t present these numbers in order to frighten you. Rather, we think they show just how vulnerable our kids are. Again, knowledge is power. If we have a better understanding of how our kids get hurt, maybe we can take steps to prevent those injuries. Of course, none of us can completely insulate our children from harm. If you’re reading this book because your child was injured or killed, we hope you’ll find some answers that might help you during this difficult period.

If your child has been injured in an Ohio accident, you need information. Contact our office today to order your FREE copy of Little Kids, Big Accidents to learn your rights. Our Toledo, Ohio child accident lawyers are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

The authors of Little Kids, Big Accidents PART 1 | Bowling Green, Ohio accident lawyers

blog@www.charlesboyk-law.com (blog Author)16624 — Sat, 08 Aug 2009 08:00:00 EST

Our office has been representing children who have been injured in Ohio accidents for more than 25 years. We’ve also represented parents who have suffered the greatest loss of all – the death of a child. We take a team approach to the cases we handle for families. We believe that our job is to:

1.    Provide family members with all their legal options along with our analysis about how the case should be approached.
2.    Develop strategies to maximize the recovery for grieving family members who may find themselves struggling financially.
3.    Take charge of the situation and solve problems as quickly and easily as possible.
4.    Recommend grief counseling and help connect families with the resources they’ll need to cope with their loss.

Over the years we have represented children and families in injury and wrongful death cases arising from among the following situations:

- Car accidents

- Truck accidents

- Bicycle accidents

- Pedestrian accidents

- Dog bites

- Playground accidents

- Medical malpractice

- Falls from windows

- Failure to install safety glass

- Food poisoning

- Prescription drug reactions

- Shootings

- Assaults

If your child has been injured in an Ohio accident, you need information. Contact our office today to order your FREE copy of Little Kids, Big Accidents to learn your rights. Our Ohio kids accident lawyers are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Benefits Available to Ohio Injured Workers:Temporary Total Disability | Toledo, Ohio Work Accident Attorney

blog@www.charlesboyk-law.com (blog Author)16351 — Fri, 07 Aug 2009 08:00:00 EST

We probably file more claims based on Ohio temporary total disability than any other. Usually, people who are injured only have to stay off the job for a relatively short period of time. Fortunately, people can recover from these injuries and get back to work.
Temporary total disability helps replace wages lost for those who are unable to work for a certain period of time. For example, if a worker had a pallet fall on his foot that prevented him from doing his job until he recovered from his injuries, temporary total would be the proper claim to file.
The injured worker must miss eight consecutive days in order to qualify for temporary total disability. For the first 12 weeks of disability, injured workers receiving temporary total disability are compensated at 72 percent of their full weekly wage. That figure is based on the average of the gross wages earned during the six weeks prior to the injury.
After three months, a claimant receives 66 2/3 his average weekly wage. In this situation, the average weekly wage is calculated based on the worker's average gross wages for one year prior to the injury.
It should be noted that although temporary total disability does not completely replace a worker's lost income, worker's compensation benefits are not taxable.

If you or someone you know have suffered a work related injury, you need information. Order your FREE copy of The Ohio Work Injury Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Benefits Available to Injured Workers

blog@www.charlesboyk-law.com (blog Author)16294 — Thu, 06 Aug 2009 08:00:00 EST

A number of different types of benefits can be sought by an Ohio injured worker depending on the type and severity of the injury. To give you an idea of the claims that might be filed in your case, we'll review those we see most often in our practice. These types include: temporary total disability, permanent partial disability, permanent total disability, violation of a specific safety requirement, lump sum settlements, and workplace intentional tort. Keep reading for explanations about these benefits.

A number of different types of benefits can be sought by an injured worker depending on the type and severity of the injury. To give you an idea of the claims that might be filed in your case, we'll review those we see most often in our practice.

Ohio Worker's Comp Claims Differ from Negligence Claims Part 2 | Ohio Work Injury Attorney

blog@www.charlesboyk-law.com (blog Author)16292 — Wed, 05 Aug 2009 08:00:00 EST

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 in Ohio, 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.

If you or someone you know has suffered a work injury, you need information. Order your FREE copy of The Ohio Work Injury Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Why we wrote Little Kids, Big Accidents | Toledo, Ohio child injury attorneys

blog@www.charlesboyk-law.com (blog Author)16410 — Wed, 05 Aug 2009 08:00:00 EST

The most difficult cases we handle in our office involve the death or serious injury of a child. It’s heartbreaking to see the emotional devastation parents, grandparents, and siblings experience after a child has been killed or injured in an accident. As we all have children in our lives, we understand how traumatic these experiences can be for families.

When tragedy strikes, the lives of parents are turned upside down. If their child has been seriously injured, parents are left trying to navigate the medical community and health insurance. If someone has lost a child, just trying to get out of bed can seem like a monumental task. Deaths or injuries caused by someone else’s careless conduct adds even more stress because it entails dealing with a legal system with which most people have little familiarity.

That’s why we wrote this book. We’ve found that parents whose kids have been hurt or killed in accidents have so much on their minds that they don’t need more confusion when they’re exploring their legal options. The attorneys in our office believe knowledge is power. Our goal with this book is to help parents understand how they can best protect their rights and their children’s rights. When parents meet with us, they’re often confused and heartbroken. They’re looking for straight forward answers and guidance. We hope this book provides solid information for parents so they feel like they have a grasp on the basics before they consult with an attorney.

If your child has been injured in an Ohio accident, you need information. Contact our office today to order your FREE copy of Little Kids, Big Accidents to learn your rights. Our Ohio kids attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Why we wrote Little Kids, Big Accidents PART 2 | Findlay, Ohio child accident lawyers

blog@www.charlesboyk-law.com (blog Author)16412 — Wed, 05 Aug 2009 08:00:00 EST

When an Ohio accident causes a child’s death or injury, parents aren’t thinking about lawyers and litigation. They’re either grieving or trying to make sure their child recovers as fast as possible. But at some point, parents find that they have legal issues they need to address. People who haven’t been in this situation expect that the negligent person’s insurance company will pay for their medical bills, and compensate them for the loss of their child, or for the pain their child experienced. Of course, when a parent loses a child, no amount of money can ever make things right.

Unfortunately, it’s rarely that simple or straightforward. Parents may find that their emotional trauma compounded by the unfair treatment some insurance companies seem to incorporate into their business models. Insurance companies often want to close a file for as little money as possible regardless of whether the child and parents are treated fairly. Though this likely is a new experience for you, it’s certainly not for the adjusters and lawyers who defend these claims for insurance companies. Even sophisticated people who are successful in other areas of their lives often find themselves shocked when they seek compensation on behalf of their child.

We hope this book helps level the playing field and gives parents a basic education on the legal issues they’ll face in these unique cases. If you’re reading the book and you find you have some questions, the Toledo, Ohio accident lawyers in our office would be happy to answer them. Just call 419-241-1395 or 800-637-8170. After business hours, our phones are forwarded to an attorney in case you have an urgent situation to address. You can also visit our Web site at www.charlesboyk-law.com.

We have six offices in northwest Ohio where we meet clients: Downtown Toledo, West Toledo, South Toledo, Bowling Green, Findlay, and Swanton.

Ohio child accident statistics PART 1 | Toledo, Ohio wrongful death attorneys

blog@www.charlesboyk-law.com (blog Author)16416 — Wed, 05 Aug 2009 08:00:00 EST

A quick look at statistics involving accidents where we would expect to affect kids – in cars, school buses, on bicycles, on foot, and by dog bites – reveals how common it is for children to be injured.

Motor vehicle accidents

In 2007, motor vehicle accidents in Ohio resulted in injuries to 9,159 children under the age of 15, according to the Ohio Department of Public Safety. Traffic accidents caused the deaths of 39 children under the age of 15, according to statistics compiled by the department.

Using safety seats is the best thing parents can do to safeguard their young children. When the children outgrow safety seats, parents should require their children to wear seatbelts and, preferably, to ride in the back seat.

School bus accidents

Also in 2007, which is the most recent year in which accident statistics from the Department of Public Safety were available at the time this book went to press, 275 passengers of school buses experienced injuries in Ohio.

In many situations, school buses are not equipped with safety belts, which can increase the risk of injury to children.

Pedestrian accidents

Pedestrian accidents in which children are injured or hurt tend to be particularly heart breaking. In many situations, parents or relatives have backed over a child who happens to be playing in a driveway. Young kids can be particularly difficult to see for drivers, particularly when the person is driving a vehicle like a minivan or SUV. Unfortunately, we’ve seen the tragedy families endure in these types of situations.

In 2007, according to the Department of Public Safety, 610 children 15-years-old and younger were injured and 13 were killed as the result of pedestrian accidents in Ohio.

If your child has been injured in an Ohio accident, you need information. Contact our office today to order your FREE copy of Little Kids, Big Accidents to learn your rights. Our Swanton, Ohio child accident attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Worker's Compensation Claims Differ from Negligence Claims Part 1 | Ohio Worker's Compensation Attorney

blog@www.charlesboyk-law.com (blog Author)16291 — Tue, 04 Aug 2009 08:00:00 EST

Ohio Worker's 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 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.

If you or someone you know has suffered a work injury, you need information. Order your FREE copy of The Ohio Work Injury Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Work Injuries Can Destroy Lives | Toledo, Ohio Work Injury Lawyer

blog@www.charlesboyk-law.com (blog Author)16290 — Mon, 03 Aug 2009 08:00:00 EST

Accidents suffered at work can devastate your life. One second you're working hard on the job, the next you've got an injury that prevents you from working for days or months. In some cases, injured workers never get back on the job.
Just being injured is bad enough. You're in pain and you'd rather be working instead of sitting around the house. Trying to navigate the complicated bureaucracy of the Ohio Worker's Compensation system can make life that much more difficult for people trying to regain their health and get back to work.
That's why we've written this book. In our office, we believe knowledge is power. We hope to provide people with information so they can understand the worker's compensation process. Having that knowledge may help you learn how you can be compensated for the injury you've suffered at work, and also will give you a better understanding of your rights.

If you or someone you know has been injured at work, you need information. Order your FREE copy of The Ohio Work Injury Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

First time riding your Ohio motorcycle PART 2 | Ohio motorcycle accident attorneys

blog@www.charlesboyk-law.com (blog Author)16311 — Mon, 03 Aug 2009 08:00:00 EST

Getting ready to ride a motorcycle for the first time can be overwhelming. That’s why www.msgroup.org has offered tips on what to do the first time you get out on the road. Charles E. Boyk Law Offices, LLC and the Motorcycle Safety Site recommend that you successfully complete the beginner’s MSF class before getting on your first motorcycle:

After you are familiar with how your motorcycle works, start the engine. Remember that as long as you are squeezing both levers, you are in control.

Now do the beginners MSF exercise - ease the clutch lever out until it just enters that friction zone and the bike tries to move forward. Allow the bike to move forward slightly, then squeeze that clutch lever and then use your legs to pull the bike back to where it started. Keep in mind that you are only able to steer at slow speeds.

Slow speed control is almost entirely in the left hand. While riding in a straight line the clutch lever belongs fully released.

Remember to check traffic with your eyes NOT your mirrors. Keep your eyes up while riding. Danger is primarily in front of you.

Most importantly, make sure to pay attention to traffic, signals, how the bike ’sounds’, and how it reacts to throttle and brake usage.

If you or someone you know has been injured in an Ohio motorcycle accident, you need information. Order your FREE copy of The Ohio Motorcycle Accident Book to learn your rights. Our Sandusky, Ohio accident attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

First time riding your Ohio motorcycle PART 1 | Bowling Green, Ohio motorcycle crash lawyers

blog@www.charlesboyk-law.com (blog Author)16141 — Thu, 30 Jul 2009 08:00:00 EST

Before riding your motorcycle, make sure that you get familiar with the instruments and controls. Sit on the saddle and practice lifting the bike off the side-stand, kicking it back out of the way, balancing (get a feel for heft) and then ‘find’ the side-stand and push it into place and locked. Use your eyes to confirm that it is properly in place and locked there before you let the weight of the bike rest on it. Practice squeezing both levers and ‘work them’ to get a feel for how much pressure your hands have to use.

If you or someone you know has been injured in an Ohio motorcycle accident, you need information. Order your FREE copy of The Ohio Motorcycle Accident Book to learn your rights. Our Findlay, Ohio auto accident attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Banning texting while driving PART 1 | Ohio motorcycle accident attorneys

blog@www.charlesboyk-law.com (blog Author)16081 — Wed, 29 Jul 2009 08:00:00 EST

Lawmakers have called for states to ban texting while driving or face cuts in highway funds, according to FOX news and the Associated Press. This ban is an attempt to reduce driver distraction and highway deaths and injuries.

"When drivers have their eyes on their cell phones instead of the road, the results can be dangerous and even deadly," said Sen. Charles Schumer, D-N.Y.

Fourteen states and the District of Columbia have passed laws making texting while driving illegal.

However, many people are unsure if the law will be able to be enforced. The Governors Highway Safety Association stated it understands the dangers of texting and driving but does not support a ban because it would be difficult to enforce.

Steve Largent, who leads CTIA -- The Wireless Association, said, "...But simply passing a law will not change behavior. We also need to educate new and experienced drivers on the dangers of taking their eyes off the road and hands off the wheel."

If you or someone you know has been injured in an Ohio car accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our Bowling Green, Ohio wrongful death attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Banning texting while driving PART 2 | Perrysburg, Ohio car accident attorneys

blog@www.charlesboyk-law.com (blog Author)16087 — Wed, 29 Jul 2009 08:00:00 EST

Many studies have been conducted about the dangers of using handheld electronics while driving, according to FOX news and the Associated Press.

In a recent study, the Virginia Tech Transportation Institute found that when drivers of heavy trucks texted, their collision risk was 23 times greater than when not texting.

Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks. Virginia Tech researchers found that the risks of texting applied to all drivers.

Texting has grown tremendously, with over 110 billion messages a month in December 2008, according to CTIA, the cellular phone industry's trade group.

A report by Car and Driver magazine found that texting and driving is more dangerous than drunken driving.

If you or someone you know has been injured in an Ohio semi-truck accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our Sandusky, Ohio truck accident lawyers are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Helping your teen avoid the major crash risk factors PART 2 | Swanton, Ohio accident attorneys

blog@www.charlesboyk-law.com (blog Author)15852 — Mon, 27 Jul 2009 08:00:00 EST

According to www.progressive.com, teen drivers have the highest fatal crash risk. Teen drivers have the highest involvement rates in all types of crashes, from property damage to fatal accidents. The problem is the worst with 16 year-olds, who have limited driving experience.

Progressive, an auto insurance company, has made a list of the major crash risk factors for teen drivers:

Passengers
Fatal crashes among teens are more likely to occur when other teenagers are in the car. The risk increases with every additional passenger. In 2003, 59 percent of teenage passenger deaths happened in vehicles driven by another teenager.
Alcohol
Although this is a problem among drivers of all ages, it's actually less of a problem for drivers ages 16 and 17. In 2003, the estimated percent of fatally injured passenger vehicle drivers of this age who had blood alcohol concentrations (BACs) at or above 0.08 percent was 16 percent — down 60 percent since 1982.
Night driving
This is a high-risk activity for beginners. Per mile driven, the crash rate for teenagers driving at night with passengers is 4 to 5 times more likely than teenagers who drive alone during the day.
Low seat belt use
Teenagers generally are less likely to use safety belts than adults. In 2003, 57 percent of 16- to 20-year-old passenger vehicle occupants killed in crashes were not wearing safety belts.

If you or someone you know has been injured in an Ohio truck accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our Ohio car crash lawyers are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Helping your teen avoid the major crash risk factors PART 1 | Ohio teen accident lawyers

blog@www.charlesboyk-law.com (blog Author)15851 — Sun, 26 Jul 2009 08:00:00 EST

Driver error
Compared with crashes of older drivers, those of teenagers more often involve driver error.
Speeding
Excessive speed is a factor in higher crash rates among 16-year-old drivers.
Single-vehicle crashes
More fatal crashes of teenage drivers involve only the teen's vehicle. Typically, these involve high speed and/or driver error.

If you or someone you know has been injured in an Ohio auto accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our Toledo, Ohio teen car accident attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you – for free – to discuss your case.

Cell phone dangers | Swanton, Ohio car crash attorneys

blog@www.charlesboyk-law.com (blog Author)15704 — Thu, 23 Jul 2009 08:00:00 EST

The National Highway Traffic Safety Administration gathered hundreds of pages of research and warnings about the hazards of drivers using cell phones, according to FOX news.

The Center for Auto Safety and Public Citizen were both able to obtain the findings of the research.

The findings included:

-Cell phone usage by drivers increased 50 percent, from 4 percent in 2000 to 6 percent in 2002
-Driver distraction contributes to about 25 percent of all police-reported traffic crashes.
-Cell phone use is growing as a distraction while driving.

The NHTSA warns that "drivers not use these devices when driving except in an emergency."

The studies showed that cell phone conversations take drivers' focus off of the road, which can lead to crashes.

If you or someone you know has been injured in an Ohio car accident, you need information. Contact our office today to order your FREE copy of The Ohio Accident Book written by the Toledo, Ohio car crash lawyers at Charles E. Boyk Law Offices, LLC.

Cell phones are a distraction while driving in Ohio PART 3 | Toledo, Ohio child accident lawyer

blog@www.charlesboyk-law.com (blog Author)15614 — Wed, 22 Jul 2009 08:00:00 EST

Using a hands-free phone does not necessarily eliminate the distraction of talking on the phone while driving. Hands-free phones usually use headphones or an earphone. These hearing devices often have volume problems, which can be a huge distraction when driving.

The Insurance Institute for Highway Safety reported that a driver's likelihood of getting in an accident increases fourfold when talking on a wireless phone, whether handheld or hands-free. The NHTSA researched whether using phones hands-free makes a difference. The study found that drivers typically favored hands-free and voice-dialing options over holding the phone, and typically found these setups easier to use.

According to edmunds.com, as reported by Joanne Helperin, there are several hands-free options that can eliminate the need for headphones by running voice calls through your car's speakers.

Edmunds.com reports that an increasing number of cell phones and vehicles are equipped with Bluetooth technology. This allows you to have your phone anywhere in your car and still make and receive calls. You'll hear the calls through the speakers, and your voice will be transmitted through the car's built-in microphone. Bluetooth-enabled cars are equipped with voice recognition technology, such that you can make and receive phone calls without having to touch any buttons on the phone.

However, even if a cell phone is being used completely hands-free, the risk of having an accident doesn't seem to be reduced, according to edmunds.com. The act of conversing on the phone — not holding the phone to your ear — is the more dangerous distraction. Emotional conversations in particular seem to elevate risk.

If you or someone you know has been injured in an Ohio car accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our Sandusky, Ohio truck accident attorneys are available 24 hours a day, seven days a week, and we have six locations in Northwest Ohio where we can meet with you – for free – to discuss your case.

Cell phones are a distraction while driving in Ohio PART 2 | Bowling Green, Ohio motorcycle accident attorneys

blog@www.charlesboyk-law.com (blog Author)15611 — Tue, 21 Jul 2009 08:00:00 EST

Cell phones have many benefits. We can conduct business and stay in touch with family and friends. We can let people know when we're running late. If there's a problem on the road, cell phones allow us to call for roadside assistance or medical help. We can report problems: a drunk driver, a stranded motorist, an obstacle in the road. Drivers can even call in traffic reports to radio stations, allowing the rest of the community to benefit from their knowledge.

However, cell phones do pose a serious risk by distracting us when we are driving.

Edmunds.com has offered the following suggestions for using a cell phone safely in your car:

Get to know your phone and its features — if you can dial a number with one key instead of seven or 10, you're better off.

Position your phone within easy reach — bending over to reach for it takes your eyes of the road and can cause you to swerve.

Suspend calls in heavy traffic or in bad weather — you need to focus even more under hazardous conditions.

Do not take notes or look up phone numbers while driving — enough said.

Keep conversations short. Inform the person you're calling that you are in a car, and hang up as soon as possible.

If possible, place calls when you are not moving. Pull over where possible.

Ask a passenger to help. Have someone else make or take the call.

Do not engage in stressful or emotional conversations — leave the child support conversations for the home phone.

If you or someone you know has been injured in an Ohio car accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our Ohio motorcycle accident attorneys are available 24 hours a day, seven days a week, and we have six locations in Northwest Ohio where we can meet with you – for free – to discuss your case.

Cell phones are a distraction while driving in Ohio PART 1 | Swanton, Ohio accident lawyers

blog@www.charlesboyk-law.com (blog Author)15610 — Mon, 20 Jul 2009 08:00:00 EST

According to the National Highway Traffic Safety Administration, there are more than 1 million U.S. drivers talking on handheld cell phones right now.

Cell phones are a known driving distraction, which has created concern about safety. According to edmunds.com, as reported by Joanne Helperin, dozens of countries have banned the use of cell phones while driving. In the United States, California, Connecticut, New Jersey, New York, Utah, and Washington, D.C. have banned in-vehicle cell phone use. Dozens of other states have banned use of cell phones by minors and bus drivers.

A 2005 controlled study of Australian drivers found that people who were talking on cell phones were four times as likely to get into a serious accident. In 1997, a study of Canadian drivers linked cell phone usage with increased property damage. The Insurance Institute for Highway Safety reported that phone conversation tasks typically decreased reaction times, travel speeds, and increased lane deviations and steering wheel movements.

If you or someone you know has been injured in an Ohio car accident, contact the Toledo, Ohio car accident attorneys at Charles E. Boyk Law Offices, LLC. Order your FREE copy of The Ohio Accident Book today to learn your rights.

Child safety tips help prevent injury in Ohio car accidents | Swanton, Ohio car accident attorneys

blog@www.charlesboyk-law.com (blog Author)15408 — Thu, 16 Jul 2009 08:00:00 EST

According to AAA, more families will be taking road trips this year. As more families begin to travel in cars, it is important that parents understand vehicle safety. Evenflo has some simple tips to ensure your family's safety this summer:

It is important that you have a good car seat for your child. Make sure that the car seat fits the child, fits the car, and can be installed correctly every time.

If your child is too big for a car seat, but not big enough for regular seat-belts alone, then they should ride in a booster seat. Any child weighing 40 to 80 lbs and under 57 inches needs a booster seat. To get the best result, adjust the lap belt so that it fits low and snug across the child's hips, with the shoulder belt across the mid-chest and shoulder. Standard safety belts are designed for adults, not children. A booster seat raises kids up so that the safety belt fits properly. Using a booster seat can reduce a child's risk of injury in the event of a Toledo, Ohio car accident by almost 75 percent.

Make it a rule that any child under 12 years old must ride in the back seat. Many cars have frontal airbags, which are too forceful for small children and pose a serious safety hazard if activated.

Set a good example for your kids by waiting until everyone in the car is wearing a seatbelt. Research shows that children are more likely to not wear a seatbelt if their parents do the same.

Our Toledo, Ohio car accident lawyers handle cases involving the injury of a child on a regular basis. If your child has been injured in an Ohio car accident, contact our office today to order your FREE copy of Little Kids, Big Accidents.

Children 8 to 12 years old should be in back seat | Ohio car accident lawyer

blog@www.charlesboyk-law.com (blog Author)15301 — Tue, 14 Jul 2009 08:00:00 EST

According to a recent article by the Ohio Kids are Riding Safe website, it is imperative that children between the ages of 8 and 12 ride in the backseat of a vehicle.

While they are too big for a booster seat, the front seat still leaves little protection in the event of an Ohio car accident. Our Toledo, Ohio car accident lawyers encourage parents to always have their kids ride in the back, even if they enjoy riding in the front.

The results of front seat or unrestrained car accidents are devastating. Read these statistics from the article:

Tweens, children eight to twelve years old, are dying in car crashes at a rate of more than one a day. Nearly half of the tweens killed in car crashes in this country each year were riding unrestrained and one third were riding in a front seat. The older children get, the less likely they are to use safety belts or to sit in the back seat.

If you or someone you know has been injured in an accident, or has a child who has been injured in a car accident, you need information. Order your FREE copy of The Ohio Accident Book, or our new book on child accidents, Little Kids, Big Accidents: The Ultimate Guide to Child Accident Cases in Ohio.

Survey: Toledo rated 68th for best drivers | Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)15224 — Mon, 13 Jul 2009 08:00:00 EST

A recent survey published in the Toledo Blade found that Toledoans are rated as good drivers.

According to the survey done by a national insurance company, Toledo was ranked as the 68^th city with the best drivers, out of 200 cities across the United States. Drivers in Toledo have a 2.6 percent chance of an Ohio car accident above the national average. The survey also found collisions only happen every 9.7 years among Toledo drivers.

Good driving records can be attributed to strong drivers training, and the idea that drivers in northwest Ohio are courteous, according to Mike Moscinski, the vice president of Trainco Truck Driving School.

If you or someone you know has been injured in an Ohio car accident contact our office today to order your FREE copy of The Ohio Accident Book, written by the Toledo, Ohio car accident lawyers at Charles E. Boyk Law Offices, LLC.

Ohio child dog bite statistics | Swanton, Ohio child injury attorneys

blog@www.charlesboyk-law.com (blog Author)15158 — Sat, 11 Jul 2009 08:00:00 EST

Unfortunately, we often see the devastating consequences that can result from Ohio dog bite injuries. We’ve seen injuries ranging from scars our clients will bear on their faces for the rest of their lives to wounds so deep that muscle and ligaments were exposed. Obviously the bites and resulting medical treatment are painful. But being attacked by a dog also can be tremendously scary, particularly if the victim is a child.

In the United States, approximately 800,000 people a year suffer injuries from dog bites that are significant enough to require medical treatment, according the Centers for Disease Control and Prevention. Children are particularly vulnerable. Of the Ohio dog-bite victims needing medical attention, half are children, the CDC found. Kids between the ages of 5 and 9 years old experienced the most bites, according to the CDC.

Tips that could help your Ohio work injury case | Findlay, Ohio workers' compensation lawyer

blog@www.charlesboyk-law.com (blog Author)15136 — Fri, 10 Jul 2009 08:00:00 EST

That’s not what you get in an Ohio worker’s compensation case. The world of worker’s compensation is a bureaucrat’s dream.

In Toledo, the Industrial Commission is housed downtown in One Government Center. A large waiting area anchors the office, and a number of small rooms where cases are heard line the periphery.

It’s not very dramatic, but obviously the outcome is important to the injured worker. Here’s a very general description of how the process works and our suggestions about some issues you may want to consider:

- Report the injury to your employer: Always make sure you tell your employer when you’ve been injured at work. Ask your employer to produce a written report about the incident. Whether or not your employer completes a written report, make sure you document the date and time of the injury, how it happened, where it happened, and whether there were witnesses. Do this even if you have to produce the report yourself. Also, keep all receipts and hospital records.

- First Report of Injury Form: Complete a First Report of Injury form, which is called a FROI in the work comp world. Your employer is supposed to fill out the form, but if that doesn’t happen, an attorney can help you. The form is crucial because it’s the only way you can get a claim number on file with the Bureau of Worker’s Compensation. Without a claim number, your claim will go nowhere. So, complete a FROI as soon as possible. Generally, an injured worker has two years from the date of the injury to file a claim.

- Get a claim number: You need a claim number issued by the BWC. Once the FROI is filed, contact the BWC so you can get an ID claim card. Everything that happens with your case will be linked to the claim number on the card.

- Get medical treatment: Many people don’t realize they don’t have to get their injuries treated by their employer’s doctor. You can treat with any doctor you want as long as the doc is certified by the BWC. If your family doctor isn’t BWC certified, consult a lawyer who does a lot of this work to get references for qualified doctors. You can only get compensated for the conditions that the BWC determines were caused by your workplace injury. Your attorney can file a motion that seeks coverage for additional conditions related to the injury. This becomes important if you later have to file a permanent partial disability claim.

- Mandatory drug testing: If it’s done in a timely fashion, your employer can require you to take a drug test following your workplace injury. If requested, you have to take the test in order to proceed with your claim. If you test positive for drugs, your drug use will be presumed to have caused or contributed to the accident. That presumption, though, is rebuttable and so it doesn’t always kill your case.

- Lost wages: When you seek temporary total disability benefits, you need to make sure your doctor files a C-84 form with the BWC so you can be compensated for your lost wages. Sometimes doctors forget to do this, so you need to request it or have your attorney work with your doctor’s office.

- Wage differential claims: If your Toledo, Ohio accident injury causes a reduction in your work hours or your rate of pay, you can file for wage differential benefits to help compensate you for the difference. The same concept holds true if your injury causes you to change employers and you are working for less pay or fewer hours than you were at your previous job.

- Contested hearings: If your employer opposes your claim or a portion of your claim, there may be a contested hearing on the issue. In this situation, you really need an attorney that handles a lot of worker’s compensation cases. You need someone who knows what arguments to make for a particular situation in order to portray your situation in the best light possible with the hearing officer.

Landlords generally not liable for Ohio dog bites | Sandusky, Ohio dog bite attorneys

blog@www.charlesboyk-law.com (blog Author)15098 — Thu, 09 Jul 2009 08:00:00 EST

Compensation for most Ohio dog-bite claims comes from the owner or keeper’s homeowner’s insurance policy. If the injuries from the Toledo, Ohio dog bite are serious, most people won’t have the money to pay the victim fair compensation. They need to rely on their insurance to cover the victim’s claims.

This area becomes somewhat muddled when the owner or keeper of a dog is a renter, rather than the owner of property. If that person has rental insurance, the victim may be compensated from that policy. If the dog’s owner doesn’t have renter’s insurance, the dog-bite victim may try to seek compensation from the landlord. Though there are exceptions, this generally results in a dead end.

In Ohio, landlords generally are not responsible for the actions of a tenant’s dog. First of all, to make a landlord liable, it would have to be shown that the landlord harbored the dog. Almost all of the caselaw that we’ve read says that landlords are not harborers of a dog if the tenant has exclusive possession and control of the property. In most situations, tenants are deemed to have possession and control of the rental property during the lease period.

Some judges have found, however, that if a landlord knew a tenant’s dog was vicious and still allowed the dog to remain at the property, the landlord can be held liable for any injuries caused by a dog bite.

Ohio child bicycle accidents | Toledo, Ohio child accident attorney

blog@www.charlesboyk-law.com (blog Author)15030 — Wed, 08 Jul 2009 08:00:00 EST

As all parents know, children face dangers when riding their bicycles. Of the incidents reported in Ohio, 486 children through the age of 15 were injured in Ohio bicycle accidents in 2007, according to the Department of Public Safety. Two of those accidents were fatal.

Injuries attributed to bicycle accidents dropped off in 2007 for children over the age of 16, perhaps because children that age don’t ride their bikes as much once they reach driving age.

Across the United States, 15 percent of all bicyclists killed and 29 percent of those injured in 2007 were under the age of 16, according to the National Highway Traffic Safety Administration. That number actually has fallen pretty dramatically compared to statistics compiled for 1997. That year, 31 percent of all bicyclists killed and 44 percent of those injured were under 16 years old.

Those numbers may have dropped because of the increased emphasis on having children wear bicycle helmets. Wearing a helmet can reduce the risk of a head injury by 85 percent, according to the NHTSA. Brain injuries can be cut by 88 percent through helmet use, the national organization found.

Jackie Bartrom of Oak Harbor injured while riding motorcycle | Ohio motorcycle accident lawyers

blog@www.charlesboyk-law.com (blog Author)14840 — Mon, 06 Jul 2009 08:00:00 EST

According to the Toledo Blade, Jackie Bartrom of Oak Harbor was seriously injured last Friday after he was struck by an SUV while riding his motorcycle.

The SUV alledgedly ran a stop sign, causing the Ohio motorcycle accident that resulted in Jackie Bartrom being life-flighted to the University of Toledo Medical Center.

If you or someone you know has been injured in an Ohio motorcycle accident, you need information. Order your FREE copy of The Ohio Motorcycle Accident Book.

Relatives are beneficiaries in an Ohio wrongful death case | Swanton, Ohio truck accident lawyers

blog@www.charlesboyk-law.com (blog Author)14823 — Sun, 05 Jul 2009 08:00:00 EST

Under state law, wrongful death suits are brought in the name of the executor of the decedent’s estate in the name of various beneficiaries. A beneficiary is someone who is entitled to financial compensation should the case be proven.

In Ohio, the beneficiaries are relatives of the decedents, such as the decedent’s surviving spouse, children, parents, and siblings. A parent who a court determines had abandoned a minor child may not be a beneficiary in a wrongful death claim should the child die.

The probate court judge determines how a settlement or award is to be distributed among the potential beneficiaries based on the relationship to the decedent and the degree of loss to the beneficiary. For instance, if the decedent was the breadwinner in the family, the surviving spouse and children would be given more money than a sibling of the decedent.

If all the beneficiaries are at the same level in the law’s eyes – for instance a group of siblings – they can decide among themselves how to divide up the money and ask the court for approval.

Beneficiaries under 25 years old can be treated differently by the Court in order to protect their interests. The Court can create a trust for beneficiaries under 25 and order that the money be held in trust until the beneficiary turns 25 or that it be distributed in accordance with the terms of the trust.

Ohio personal injury case standards | Northwood, Ohio construction accident injuries

blog@www.charlesboyk-law.com (blog Author)14824 — Sun, 05 Jul 2009 08:00:00 EST

Not everyone who has been injured can win an Ohio personal injury case. The person who causes the injury has to be deemed negligent, or at fault, under the law. Someone is at fault when it is his responsibility to act or behave in a certain way, but fails to and causes some type of damage or injury. There’s a lot of complexity built into that seemingly simple concept, but that’s the rough idea.

A routine traffic accident is a good example. Motorists have a responsibility to drive in a way that doesn’t hurt others. When a driver speeds, fails to yield, or rear-ends another driver and causes an injury, then that driver is negligent.

Filing a negligence claim doesn’t mean that you’re accusing the other driver of being a bad person, and it doesn’t mean you’re being greedy. It’s simply a claim that the other person’s conduct has caused you some type of harm for which you deserve to be compensated. No one is going to go to jail as a result of your civil lawsuit. The civil system offers a way for you to be made whole for the damages you’ve suffered as the result of another’s wrongful conduct.

The insurance industry, along with state and national chamber of commerce organizations, have done a great job of casting doubt on legitimately injured people and the lawyers who represent them. While there certainly are unethical lawyers and people who make fake claims, the vast majority of claimants and attorneys seek only fair compensation for the injury suffered. You shouldn’t feel guilty for pursuing a legitimate claim for injuries caused by someone else.

When you seek a settlement from an insurance company, you’re just trying to be made whole for the medical bills you’ve incurred and the pain you’ve endured. You have nothing to be ashamed of when you look out for your best interests.

Dog Bites can be devastating | Toledo, Ohio dog bite attorneys

blog@www.charlesboyk-law.com (blog Author)14776 — Fri, 03 Jul 2009 08:00:00 EST

The attorneys in our office are all dog lovers. Like most people, we view our dogs as part of the family.

But, unfortunately, we often see the devastating consequences that can result from dog bites. We’ve seen injuries ranging from scars our clients will bear on their faces for the rest of their lives to wounds so deep that muscle and ligaments were exposed. Obviously the bites and resulting medical treatment are painful. But being attacked by a dog also can be tremendously scary, particularly if the victim is a child or an elderly person.

In the United States, approximately 800,000 people a year suffer injuries from dog bites that are significant enough to require medical treatment, according the Centers for Disease Control and Prevention. Children are particularly vulnerable. Of the Ohio dog-bite victims needing medical attention, half are children, the CDC found. Kids between the ages of 5 and 9 years old experienced the most bites, according to the CDC.

Why helmets are important | Perrysburg, Ohio motorcycle accident attorneys

blog@www.charlesboyk-law.com (blog Author)14585 — Thu, 02 Jul 2009 08:00:00 EST

The issue of helmet use is controversial in Ohio and throughout the country. Some riders feel they can hear and see better without a helmet, while others simply like letting their hair blow in the breeze. Many motorcyclists, though, don’t feel as safe or secure without a helmet. It’s an issue of personal preference.

Regardless of how you feel about the issue, statistics show it’s safer to ride with a helmet. In 2007, 63 percent of the motorcyclists killed were not wearing a helmet, according to the Ohio Department of Public Safety. In 2006, 70 percent of riders killed had no helmet. Of those who were injured, roughly 51 percent weren’t wearing a helmet.

Statistics don’t always tell the whole story and we don’t offer them to alarm you, but they do give us all an idea of how dangerous it can be to ride a motorcycle. Many times, motorcyclists aren’t responsible for the accidents in which they’ve been involved. In those situations, they need a lawyer to guide them through the often-complicated personal injury process.

Hire an experienced worker's compensation attorney | Ottawa Hills, Ohio worker's compensation lawyers

blog@www.charlesboyk-law.com (blog Author)14750 — Thu, 02 Jul 2009 08:00:00 EST

In all but the most straightforward of workplace injuries, the issues encountered in an Ohio worker’s compensation case are highly technical. The hearing officers and lawyers who do this work seem to speak a different language to each other, punctuated by awkward statements like “we’ve filed a C-92,” or “this hearing is set for a TTD before a DHO.” If you don’t know that language and your employer has hired an attorney who not only speaks the lingo, but understands the nuances of the issues, you’re probably going to be in trouble. It just makes sense for you to have legal representation as you navigate the work comp world.

A lawyer will be able to spot issues that will help maximize your claim so that you’re compensated fairly. An attorney practicing in this field understands when it’s time to file certain claims or forms, and has been through enough hearings that he or she knows what to expect. Lawyers who don’t handle this type of work likely will be as in the dark as you are about the technic al aspects, so find someone who makes worker’s compensation a regular part of his practice.

As mentioned above, you really need a lawyer if your claims are going to involve contested hearings. While a work comp hearing probably won’t get as heated as a trial, it’s still an adversarial process that pits you against your employer.

Before hiring a lawyer, sit down with him or her to make sure you’ll be comfortable with the working relationship. You’ll also likely be dealing with your lawyer’s paralegal, who should have an in-depth understanding of how the process works and will help guide you through it. In fact, you probably will be dealing with the paralegal more often than the attorney on bureaucratic issues.

Once you decide to retain a lawyer, you’ll have to sign a contract that provides the specifics of your agreement. Most of these contracts are fairly simple, primarily addressing the fee arrangement and the rights and obligations of both parties. Make sure your lawyer gives you a copy of the contract you sign so you can keep it for your records.

ACCIDENT STATISTICS SHOW THE DANGERS MOTORCYCLISTS FACE | Fremont, Ohio motorcycle accident attorneys

blog@www.charlesboyk-law.com (blog Author)14583 — Wed, 01 Jul 2009 08:00:00 EST

The allure of hitting the open road on a motorcycle isn’t just the stuff of Hollywood movies. Riding is fun and exciting. But anyone who has ridden knows it’s undeniably dangerous. Bikers know there’s a risk every time they roll out of their driveways, often from the actions of car and truck drivers.

In 2007, 190 people were killed, and 4,053 were injured in motorcycle accidents, according to the Ohio Department of Public Safety. Of the riders killed, 13.7 percent were between 21 and 25 years old, the highest percentage for any age group that year. The next highest groups were 36 to 40 year olds and 51 to 55 year olds, both tied at 12.1 percent.

Riders between the ages of 41 and 45 years old sustained the most injures in 2007 at 13 percent. Riders 46 to 50 comprised 12.9 percent of those injured, with 21 to 25 year olds close behind at 12.6 percent.

Very young children are not negligent for causing injuries | Sylvania, Ohio child accident lawyers

blog@www.charlesboyk-law.com (blog Author)14541 — Tue, 30 Jun 2009 08:00:00 EST

In many cases, children injure other children whether through play or some careless act.

Children under the age of 7 are not liable for their conduct as a matter of law. For example, if a child less than 7 years old injures someone by running into them with a bicycle, the injured person will not be able to succeed on a negligence claim against the child, no matter how severe the injuries.

The idea behind the rule is that children who less than 7 years old are simply incapable of fully appreciating how their acts may impact others. Therefore, the reasoning goes, it would be unfair to hold them responsible for injuries caused by accidental or even reckless behavior.

This can be an important issue if you a child under the age of 7 gets injured in an accident caused partially by the child’s actions. Under Ohio law, juries can weigh the negligence of the person who caused the accident and the injured person. The concept is called comparative negligence. So, let’s say that the driver of a car runs a stop sign at a 4-way stop intersection, and a 6-year-old child on a bicycle also fails to stop at the intersection and is struck while crossing the car’s path. In that situation, the 6-year-old cannot ,as a matter of law, be found to be contributorily negligent. Therefore, the driver of the vehicle would be solely responsible for causing the child’s injuries.

Children 7 or older - and adults, for that matter – also cannot be held liable for causing injuries that occur during recreational activities such as games of tag or baseball, unless their conduct was somehow reckless. In other words, a child who injures someone during some type of play activity won’t be held liable for a run-of-the-mill accident. And, the recreational activity doesn’t have to be confined to sports. For example if a child accidentally wacked someone with a hammer while building a tree fort, they likely couldn’t be found negligent. That may not seem fair to the injured person, but that’s the law in Ohio.

In some situations, a parent can be liable for a child’s negligent conduct. If the parent entrusts the child with something like a gun or a car that is potentially dangerous to others because of the child’s age or inexperience, a claim can be made against the parent.

Parents also can be liable if they don’t exercise the proper control over a child despite knowing that the child’s conduct could cause an injury, or if the parent somehow consents or directs a child’s wrongdoing.

Pregnant Ohio woman suffers wrongful death at hospital | Ohio wrongful death lawyers

blog@www.charlesboyk-law.com (blog Author)13973 — Fri, 19 Jun 2009 08:00:00 EST

Two Bellefontaine women contracted meningitis from an anesthesiologist this past May while delivering babies at Mary Rutan Hospital, according to Fox News. One of the women suffered wrongful death at the Ohio hospital after contracting the disease.

The hospital reported that the anesthesiologist who allegedly caused the death was not wearing a face mask while treating the women, and passed meningitis to them either through speaking or breathing.

The Ohio wrongful death attorneys at Charles E. Boyk Law Offices, LLC have both the women and their families in their thoughts and prayers.

If you or someone you know has lost a loved one to tragic circumstances, contact our office immediately for your free copy of The Ohio Wrongful Death Book. You can also reach our attorneys 24 hours a day, seven days a week at 800.637.8170 for a free consultation.

First way an attorney can help your case | Toledo, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13801 — Wed, 17 Jun 2009 08:00:00 EST

The earlier you find a Toledo, Ohio tragic death attorney, the better. The investigation into the facts of the Ohio wrongful death case could be crucial to your Toledo, Ohio tragic accident claim. Witnesses need to be found and sworn statements may need to be taken. Police officers need to be interviewed, photos of the scene need to be made, and crucial evidence needs to be preserved.

Sometimes the Ohio wrongful death attorney can conduct the investigation. In many Findlay, Ohio tragic accident cases, however, a qualified private investigator must be hired for a proper investigation. Not all investigators possess the same skills. An Ohio fatal accident attorney who handles these types of cases will know the most qualified investigators for each circumstance. We tend to use investigators with whom we have a long-term relationship and will provide priority to our individual Sylvania, Ohio tragic accident case.

Using the right investigator can be crucial. For example, one of our cases involved a disputed liability Ohio fatal car accident. Witnesses gave differing accounts and police officers refused to cooperate with either side. We hired a private investigator who previously had worked for the same police department. Suddenly, the police became more cooperative, additional witnesses were found, and our client received a good settlement short of trial. As the old saying goes, it's not always what you know, but who you know.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Second Way a Lawyer Can Help Your Case | Tragic Death Lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13805 — Wed, 17 Jun 2009 08:00:00 EST

Accident Reconstruction

An accident reconstructionist uses math and physics to determine the cause of an accident. In a disputed liability situation, both sides often use a reconstructionist to try to prove their Swanton, Ohio wrongful death cases. The qualifications of these experts vary from individuals with high school degrees and continuing education classes to professors who teach at universities.

As private investigators, the Ohio tragic accident attorney's experience and connections can find the right expert for your Toledo, Ohio wrongful death case. In one Ohio wrongful death case, the defense team turned the tables on us and hired an expert who usually testified for the plaintiff. We used our connections to find a defense-oriented expert to add credibility to our Toledo, Ohio fatal accident case.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Third Way a Lawyer Can Help Your Case | Toledo, Ohio Wrongful Death Lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13808 — Wed, 17 Jun 2009 08:00:00 EST

One of the jobs of the Toledo, Ohio wrongful death attorney is to maximize recovery for the client. In order to do that, the Bowling Green, Ohio fatal accident attorney needs to find all the potential individuals or businesses responsible for causing the death. Sometimes this is easy and obvious. If a defendant ran a red light and caused the death, it's pretty clear who will be the target of the lawsuit. But if the driver was on the job at the time, it may be difficult to determine the business for whom the driver worked. That's crucial information because under the doctrine of respondeat superior, the employer also may be liable for the Ohio tragic death accident.

Sometimes it's tough to figure out who may be responsible. In a complicated and serious electrical injury case involving a construction job, we sued the employer, an electric company, the general contractor, and 10 different subcontractors to determine the responsible parties. After two years of litigation and lots of depositions we were able to get an extremely good settlement.

Fourth Way a Lawyer Can Help Your Case | Toledo, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13810 — Wed, 17 Jun 2009 08:00:00 EST

Experts can make or break your Perrysburg, Ohio wrongful death case. Experts are witnesses with a specialized knowledge base whose testimony is necessary to prove a case. Examples include economists, grief counselors, psychologists, accident reconstructionsts, coroners, doctors, scientists, and engineers.

In our office, we have many ways to find the right experts. We belong to state and national plaintiff attorney organizations that have databases of various experts. Those organizations also have scouting reports on the experts who tend to testify mostly for defense attorneys. We also have a network of fellow plaintiff Ohio fatal accident lawyers that we consult with on a regular basis to find the best experts.

In one Toledo, Ohio tragic death case, we hired an expert on a complicated liability issue. As the Ohio tragic accident case progressed, a different issue emerged as the central theme of the Fremont, Ohio fatal accident case. The original expert referred us to the preeminent expert in the United States on the key issue. The second expert's testimony essentially forced the defendants to pay our client a large settlement to resolve the Toledo, Ohio wrongful death accident case.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Fifth Way a Lawyer Can Help Your Case | Toledo, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13812 — Wed, 17 Jun 2009 08:00:00 EST

A lawsuit can be filed either where the defendant resides or where the incident causing the death occurred. For instance, if a car accident happened in Lucas County and the defendant lived in Wood County, the lawsuit could be filed in either county.

Certain jurisdictions are more friendly to plaintiffs than other jurisdictions. Sometimes that's because certain judges have previously ruled on a particular issue that might be highly relevant to a Sylvania, Ohio wrongful death case. Your Toledo, Ohio tragic death attorney's experience and insight will be helpful in picking the best court for your Swanton, Ohio fatal accident case.

For example, in one catastrophic car injury case, we filed suit in Detroit because the company of one defendant was based there. The realization that the case would be tried in front of a plaintiff-friendly Detroit jury forced the defendants to own up to their responsibilities. That resulted in a huge settlement for our client.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Sixth Way a Lawyer Can Help Your Case | Findlay, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13814 — Wed, 17 Jun 2009 08:00:00 EST

Insurance coverage is essential to getting the best recovery possible in most Ohio tragic accident cases. Most defendants do not have enough money or assets to adequately compensate the family members of someone killed as the result of negligence.

In one Perrysburg, Ohio fatal accident case, we represented three seriously injured people and the insurance company told us there was only $500,000 in coverage. After we threatened to file suit against the large corporate defendant, we were finally told that a "mistake" had been made and there actually was $2 million in coverage. Our attorneys demand to see certified copies of insurance policies and signed affidavits that the defendant does not have an "umbrella policy," which covers claims that exceed a basic insurance policy.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Seventh Way a lawyer Can Help Your Case | Fremont, Ohio tragic death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13815 — Wed, 17 Jun 2009 08:00:00 EST

Families can suffer a huge economic loss when a loved one dies. In order to prove the amount of that loss, our office hires an economist. Most economists are university professors who look at the decedent's income level, the income they would have earned had they lived, prior tax returns, and other economic data to determine the value of the economic loss caused by the Ohio fatal accident death.

In addition to having excellent academic credentials and real-world experience, an economist also must be a superb communicator with the jury.

The Eighth Way a Lawyer Can Help Your Case | Bowling Green, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13817 — Wed, 17 Jun 2009 08:00:00 EST

The death of a loved one due to an Ohio wrongful death accident is usually devastating, especially when the cause is someone else's negligence. The loss typically causes psychological injury to the survivors. Depression, post-traumatic stress disorder, and anxiety are the most common results. The report of a highly qualified clinical psychologist can help document these very really psychological injuries, which can be presented to the defendant and the jury.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

The Ninth Way a Lawyer Can Help Your Case | Toledo, Ohio tragic accident lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13818 — Wed, 17 Jun 2009 08:00:00 EST

The grief counselor can document loss and help the survivors deal with the tragic situation. The grieving process is an expected part of the wrongful death of a loved one with various stages the family needs to work through with the help of the counselor. The Toledo, Ohio wrongful death attorney can help the family locate trained professionals who can best deal with these issues.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

The Tenth Way a Lawyer Can Help Your Case

blog@www.charlesboyk-law.com (blog Author)13819 — Wed, 17 Jun 2009 08:00:00 EST

A Toledo, Ohio wrongful death case is brought on behalf of the estate of the deceased individual for the benefit of their heirs. Often, the decedent will have accumulated debts that are outstanding at the time of the death. The Perrysburg, Ohio fatal accident attorney's job is to minimize the debts for which the estate would be responsible.

In one situation, a family's loved one died with large outstanding credit card bills as well as other debt. As part of the wrongful death settlement, we allocated all of the proceeds of the settlement to the heirs of the estate, which allowed the estate to escape all of the debt.

In another situation, the decedent's health insurance had paid for the hospital bills that were accumulated prior to death and the insurer sought reimbursement for the payments. We allocated the Ohio wrongful death proceeds to the surviving heirs which allowed the family to avoid the substantial health insurance reimbursement.

Creative and strategic planning by the Fremont, Ohio tragic accident attorney can help provide favorable results for the heirs of the estate.

Eleventh Way a Lawyer Can Help Your Case

blog@www.charlesboyk-law.com (blog Author)13820 — Wed, 17 Jun 2009 08:00:00 EST

The Ohio Wrongful Death Statute is designed to benefit the survivors of the person who died as a result of the conduct of a negligent party. The more survivors who depended on the loved one for companionship, guidance, and income, the greater the value of the Toledo, Ohio tragic accident case.

For example, several years ago we represented a truck driver killed in a truck accident. He was single, had no children, no living parents, and two adult siblings with whom he had a distant relationship. Unfortunately, we settled the case for less than it would normally have been worth because there were few damages to claim as a result of the limited number of relationships.

In a more recent Ohio tragic death case, we represented the surviving parents in the tragic death of a small child. When a child dies, generally there are no significant economic damages. However, we were able to prove the intense personal loss felt by the parents and the child's siblings. The parents wrote heart-wrenching letters that spelled out the devastating impact the loss of their child had caused. Psychologists also wrote reports that discussed the grief everyone in the family had experienced. Photos of family celebrations, holidays, sporting events, and school concerts helped tell the story of a close-knit family that would never be the same again.

Your Bowling Green, Ohio wrongful death attorney should work with you as a team to develop the best strategy for your family's case.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

The Ohio Wrongful Death Claims Controlled By Statute | Sylvania, Ohio fatal accident lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13822 — Wed, 17 Jun 2009 08:00:00 EST

Toledo, Ohio Wrongful death claims are mostly controlled by Ohio Revised Code §§ 2125.01, 2125.02, and 2125.03. Those code sections come from the state's probate laws.

The law allows the executor or administrator of the deceased person's estate to bring a claim against the person or entity whose negligent conduct or wrongful act caused the decedent's death.A Bowling Green, Ohio wrongful death accident case can be brought if the decedent could have maintained a claim for negligence or wrongful conduct had the death not occurred. That means the executor would need to show that the other party acted in a negligent or wrongful way and that conduct caused the death. Wrongful death cases can be brought for negligent acts such as car accidents and medical malpractice or criminal acts like murder and manslaughter.

To prove the Findlay, Ohio tragic death case in a negligence context, the executor must show that the defendant owed a duty of care to the decedent; that duty of care was breached; the breach caused the decedent's injuries and death; and that the decedent's estate and beneficiaries suffered damages.

The Perrysburg, Ohio tragic accident case must be proven by a standard called "preponderance of the evidence," which roughly means that the evidence must tilt more in the favor of the executor than the defendant. Attorneys often explain the standard by telling jurors they just need to prove their case by 51 percent, which is well short of the reasonable doubt standard that we've all seen in television dramas depicting criminal trials.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

The Time to File an Ohio Wrongful Death Lawsuit Is Limited | Swanton, Ohio wrongful death accident lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13823 — Wed, 17 Jun 2009 08:00:00 EST

Generally, the statute of limitations on a Toledo, Ohio wrongful death claim is two years, which means if a lawsuit has to be filed, it must be filed within two years of the decedent's death. It's extremely important to keep track of this date. If the two-year period lapses, a claim will be barred forever. The idea behind a statute of limitations is that crucial evidence that someone needs to defend such a lawsuit could be lost or destroyed if too much time passes.

If the decedent's death was caused by a defective product, generally the product can't have been delivered to the first purchaser more than 10 years prior to the death.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Relatives Are Beneficiaries in Ohio Tragic Accident Case | Sylvania, Ohio fatal accident lawyer

blog@www.charlesboyk-law.com (blog Author)13829 — Wed, 17 Jun 2009 08:00:00 EST

Under state law, Ohio wrongful death suits are brought in the name of the executor of the decedent's estate in the name of various beneficiaries. A beneficiary is someone who is entitled to financial compensation should the case be proven.

In Ohio, the beneficiaries are relatives of the decedents, such as the decedent's surviving spouse, children, parents, and siblings. A parent who a court determines had abandoned a minor child may not be a beneficiary in a wrongful death claim should the child die.

The probate court judge determines how a settlement or award is to be distributed among the potential beneficiaries based on the relationship to the decedent and the degree of loss to the beneficiary. For instance, if the decedent was the breadwinner in the family, the surviving spouse and children would be given more money than a sibling of the decedent.

If all the beneficiaries are at the same level in the law's eyes - for instance a group of siblings - they can decide among themselves how to divide up the money and ask the court for approval.

Beneficiaries under 25 years old can be treated differently by the Court in order to protect their interests. The Court can create a trust for beneficiaries under 25 and order that the money be held in trust until the beneficiary turns 25 or that it be distributed in accordance with the terms of the trust.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Damages Available to Beneficiaries of Ohio Tragic Death Accident | Toledo, Ohio fatal accident lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13832 — Wed, 17 Jun 2009 08:00:00 EST

Though it is little consolation to people who have lost a loved one, the way our court system compensates the beneficiaries of a decedent is by awarding money. Damages - the term used to refer to the various reasons for which financial compensation can be awarded - are available for the estate for the damages of the decedent and to the beneficiaries

The estate of the decedent can be compensated for the medical bills incurred to treat the decedent prior to the Ohio tragic accident death and for the pain and suffering the decedent experienced as a result of the accident or wrongdoing.

Under state law, the following damages are available to the beneficiaries: loss of suppert, loss of services, loss of society, loss of prospective inheritance, and mental anguish.

Read more to learn about each damage available to the beneficiaries.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Damages Available: Loss os Support | Toledo, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13833 — Wed, 17 Jun 2009 08:00:00 EST

Loss of support - This refers to the lost earning capacity of the decedent had he or she not died in a Findlay, Ohio tragic death accident. The factors taken into consideration for loss of support would be the salary at the time of the decedent's death as well as the amount of money the decedent reasonably could have been expected to earn in the future had the death not occurred. Charts called "life tables" are used to calculate how long the decedent would have been expected to live based on such factors as age at the time of death, gender, and race.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Damages Available to Beneficiary:Loss of Services | Swanton, Ohio fatal accident lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13834 — Wed, 17 Jun 2009 08:00:00 EST

Loss of services - Damages for loss of services are available to beneficiaries of Fremont, Ohio wrongful death cases. It's a sort of vague Ohio tragic accident claim, but essentially the law allows beneficiaries to collect compensation for services the decedent provided the beneficiaries. For example, assume Betty was killed as the result of someone's negligence. If Betty provided daycare for her daughter Leslie's children, Leslie could seek compensation for the money it cost her to secure daycare. That's not to say that the estate must show all the claimed lost services are attached to a specific dollar amount. The jury can determine a dollar figure for each lost service.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Damages Available to Beneficiaries:Loss of Society | Sylvania, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13835 — Wed, 17 Jun 2009 08:00:00 EST

Loss of society - Under this category, beneficiaries of Ohio wrongful death accidents can seek financial compensation for such things as the loss of companionship, care, assistance, protection, advice, guidance, and education provided by the decedent. Obviously, it is difficult to put a dollar figure on these types of damages because they're not easily quantifiable. For instance, you can't look in a book to find a figure that would fairly compensate a wife deprived of decades of a future with her deceased husband. That's the job of your Perrysburg, Ohio tragic accident attorney - to place a dollar amount on the loss of a decedent's society and to justify that amount with a reasoned argument to a jury. Though it's not readily quantifiable, it's certainly a huge and legitimate loss to the beneficiaries - a loss for which they deserve to be compensated.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Damages Available to Beneficiaries:Loss of Prospective inheritance | Bowling Green, Ohio wrongful death lawyer

blog@www.charlesboyk-law.com (blog Author)13837 — Wed, 17 Jun 2009 08:00:00 EST

Loss of prospective inheritance - Under this category, beneficiaries of Toledo, Ohio tragic accident cases can seek financial compensation for the inheritance they might have received from the decedent had the decedent lived a normal lifespan.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Damages Available to Beneficiaries:Mental Anguish | Findlay, Ohio wrongful death accident lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13838 — Wed, 17 Jun 2009 08:00:00 EST

Family members can be awarded compensation for the mental anguish they endured as a result of the loss of their loved one . Like loss of society, this may be a hard figure to quantify because there's no formula for setting a dollar value on one's pain. Nonetheless, it can account for a significant amount in a damages award because most people can relate to the grief experienced as the result of the death of a family member.

Making a case for mental anguish is similar to asking for pain and suffering damages in a routine personal injury case. Your Ohio tragic death accident attorney could ask the jurors to award money based on the anguish endured over a set time period such as months or years. Your Swanton, Ohio fatal accident lawyer may take a different approach by not suggesting a formula and simply asking the jurors to determine a fair figure to compensate family members for the mental anguish they've suffered.

Ohio Wrongful Death Standards Part I | Swanton, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13841 — Wed, 17 Jun 2009 08:00:00 EST

As mentioned earlier in the book, Ohio wrongful death cases are brought because of another party's negligence or wrongful conduct. It might be helpful to understand a little bit about those concepts.

Just because someone dies doesn't mean a Fremont, Ohio wrongful death case can be justified. For example, if Bill trips in a grocery store over cans stacked in an aisle, causing him to hit his head and die, there won't be a case. Under Ohio law, those cans would be deemed an open and obvious hazard that Bill should have seen, so the store wouldn't be negligent.

If, however, a grocery store employee spilled some clear, liquid soap on an aisle and left it there for hours without cleaning it up or posting a warning sign, and Bill took the same fateful tumble, the store would be negligent.

The point is that a person or entity who causes the death has to be deemed negligent, or at fault, under the law. Someone is at fault when it is his responsibility to act or behave in a certain way, but fails to, which causes injury or death. There's a lot of nuance to negligence law, but that's a boiled down version of the concept.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Ohio Wrongful Death Standards Part 2 | Sylvania, Ohio fatal accident lawyer

blog@www.charlesboyk-law.com (blog Author)13844 — Wed, 17 Jun 2009 08:00:00 EST

So, one basis for a Perrysburg, Ohio wrongful death claim is to prove negligence. The other way is to prove wrongful conduct such as an intentional act that resulted in a death. For example, if Steve punched Tony without provocation, causing Tony to fall down, hit his head, and die, Steve could be sued for causing Tony's death. In that case, Tony's estate would have to prove that Steve's intentional and wrongful conduct caused Tony's death.

Bringing a civil suit for wrongful death would be appropriate in both of the above examples. Winning a lawsuit probably would seem like a hollow victory compared to the loss suffered, but the court system is purposely set up to allow us to work out our differences with other parties in a civil, organized way.

The insurance industry, acting in concert with state and national chamber of commerce organizations, have worked their propaganda machines overtime to paint everyone who files a lawsuit as a money grubber. That's ridiculous and it's shameful. People shouldn't be made to feel guilty for pursuing legitimate claims, especially when a person was killed as the result of negligent conduct. Family members deserve to be compensated for the mental anguish and loss of financial support they experience due to the wrongful death of a loved one. You have nothing to be ashamed of when you look out for the best interests of yourself and your family.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Why You Need to Seek Legal Help Part 1 | Bowling Green, Ohio wrongful death lawyer

blog@www.charlesboyk-law.com (blog Author)13845 — Wed, 17 Jun 2009 08:00:00 EST

In a routine personal injury claim, sometimes it's possible to proceed without a lawyer, even though it's usually unwise. People shouldn't even think about trying to handle an Ohio wrongful death claim on their own. These cases generally are far too complicated and technical for most people to tackle by themselves.

For instance, wrongful death claims need to be made through the administrator or executor of an estate. That means an estate has to be opened through the probate court, which requires an understanding of that legal process. The Toledo, Ohio tragic accident lawyer handling your wrongful death claim will do that for you or will consult with a probate attorney to get it done. The estate will remain open until the claim resolves.

Sometimes these already complicated cases get trickier because the person who caused the decedent's death also dies in the incident. In that case, the claim is made against the wrongdoer's estate. If no one opens that estate, your Ohio wrongful death lawyer will have to open it if you plan to go after estate assets. Again, that's a technical process that a layperson shouldn't try to handle.

As we discussed earlier, your Bowling Green, Ohio fatal accident lawyer has to show the decedent's death was caused by negligent or wrongful conduct. On top of that, the lawyer must prove the various elements of the beneficiaries' claims for damages. The issues involved are complicated even for attorneys who operate in this world every day.

Why You Need to Seek Legal Help Part 2 | Perrysburg, Ohio tragic accident lawyer

blog@www.charlesboyk-law.com (blog Author)13850 — Wed, 17 Jun 2009 08:00:00 EST

Seek a Toledo, Ohio tragic death accident lawyer who focuses his or her practice on personal injury claims and who has experience working on Ohio wrongful death cases. Findlay, Ohio fatal accident lawyers in this field understand the issues the insurance industry and defense attorneys will raise to defeat your claim, and will have the knowledge and experience to fight for your rights.

Your Swanton, Ohio wrongful death lawyer will have a few options when trying to resolve your case. Some lawyers file a lawsuit immediately, which has the benefit of putting you quickly on a trial track. The other path the attorney might take is negotiating with the insurance adjuster to resolve the case without having to file a lawsuit. Most Ohio fatal accident attorneys, including those in our office, prefer the second approach.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.

Why You Need to Seek Legal Help Part 3 | Fremont, Ohio wrongful death lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13851 — Wed, 17 Jun 2009 08:00:00 EST

Lawsuits are time-consuming, expensive, and unpredictable. The benefit of settling a Sylvania, Ohio fatal accident claim with the adjuster is that the client gets compensated sooner and has a certain outcome. We only file suits quickly if the adjuster makes an unfair offer that we know isn't going to get any better or if the two-year statute of limitations discussed above is about to expire.

Sometimes going to trial becomes the only option. When you're looking for an Ohio wrongful death lawyer, make sure you hire someone who is willing to try cases if necessary. It can take a long time to get to trial, but it may offer your best chance of getting fair compensation for your wrongful death claim. If you have to go to trial, be prepared for a long wait. It's not unusual for a trial date to be set anywhere from six months to a year after the complaint is filed, and trial dates often get postponed.

New book on child accidents in Ohio featured on CBS's Channel 11 News | Toledo, Ohio child accident lawyer Chuck Boyk

blog@www.charlesboyk-law.com (blog Author)13362 — Mon, 08 Jun 2009 08:00:00 EST

Toledo, Ohio child injury accident lawyer Chuck Boyk and his new book, Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio were featured on CBS's Channel 11 News Your Morning.

Bowling Green, Ohio kid injury accident attorney Chuck Boyk discussed different elements of the book, including the fact that if children are hurt in an Ohio accident, they have rights under Ohio law. After a child injury accident in Ohio, parents need to seek treatment immediately for their child, follow up with pediatrician, and follow the pediatrician's recommendations.

Parents also need to document everything after a child injury accident in Ohio. They need to take photos of the injuries and the accident, and contact an attorney to get witness statements and the use of a private investigator.

In the CBS Channel 11 interview, Chuck Boyk also went on to discuss the most tragic of Ohio child injury accidents - the loss of a child.

"Children are our hopes and dreams," Ohio child accident attorney Chuck Boyk said. "The loss of a child is probably the worst thing that could ever happen to a family. When something like that happens, there's the grieving process, the process of recovery, and then there's the legal process. Parents need to know their Legal options of what they can do if, God forbid, something like that were to happen."

Every parent needs a copy of this book. Order your FREE copy of Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio by clicking here or by calling our office at 800.637.8170.

OSHA investigates possible wrongful death of Bruce Bartos afer Ohio work injury | Ohio work injury lawyers

blog@www.charlesboyk-law.com (blog Author)13222 — Thu, 04 Jun 2009 08:00:00 EST

Bruce Bartos, an employee of Toledo Edison, suffered an Ohio work injury on May 12th, after falling and breaking his leg. Our thoughts and prayers go out to his family after we learned that he passed away Monday while having surgery on the injured leg, according to the Toledo Blade.

The United States Occupational Health and Safety Administration is investigating the Ohio work injury that caused Bruce Bartos' broken leg, as well as the possible Ohio wrongful death he suffered on the operating table.

If you or someone you know has been injured on the job in Ohio, you need information. Order your free copy of The Ohio Work Injury Book, written by our Toledo, Ohio workers' compensation lawyers, which answers questions like: Will I get fired if I am injured at work?, and, Who is going to pay my medical bills if I am injured at work?

Our Findlay, Ohio tragic accident attorneys have also written a book on what to do if you lose a loved one to tragic circumstances. The Ohio Wrongful Death Book is also available free of charge, and will teach readers what an Ohio wrongful death means, what a beneficiary is, and how to handle the grieving process.

Making a bicycling mistake can cause Ohio bicycle accident injuries - Mistake #1 | Findlay, Ohio bicycle accident lawyer

blog@www.charlesboyk-law.com (blog Author)13117 — Tue, 02 Jun 2009 08:00:00 EST

Every parent wants their child to be careful while riding their bicycle, in order to prevent an Ohio bicycle accident injury. But every parent should also be aware of the eight most common bicycling mistakes that can cause a serious bicycle accident injury.

According to the Ohio Department of Public Safety, one of the most common bicycling mistakes is riding on busy sidewalks. Read what they have to say about the mistake that can cause an Toledo, Ohio bicycle accident injury:

It's inconsiderate...not to mention dangerous. In every city that has analyzed bicycle crash rates of sidewalks and roadways, the sidewalks were found much more dangerous. Ride in the street with the rest of traffic.

If you or your child has suffered a bicycle accident injury due to the negligence of another person, you need information. Contact our office today to receive your FREE copy of Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio.

Avoiding Bicycle Mistake #2 could prevent serious bicycle accident injuries | Fremont, Ohio bicycle accident injury lawyer

blog@www.charlesboyk-law.com (blog Author)13118 — Tue, 02 Jun 2009 08:00:00 EST

The Ohio Department of Public Safety recommends avoiding common bicycling mistakes that have the potential to cause serious bicycle accidents and injury to the rider.

Parents should teach these common mistakes to their children, in order to help them prevent Ohio bicycle accidents and remain injury free.

Read Bicycling Mistake #2 that can cause a Swanton, Ohio bicycle accident injury, pushing a high gear, courtesy of the Ohio Department of Public Safety:

Riding around in tenth gear is another sign of a novice bicyclist. They struggle and strain and wobble down down the road.
Use a middle gear for casual riding and try to get your pedal cadence up to 60-80 revolutions per minute. Once you get the hang of it, you'll find this is a lot easier on your knees, too.

Wobbling down the road leaves the rider with the risk of wobbling right into traffic and being struck by a car. Avoid serious Fremont, Ohio bicycle accident injuries by always practicing safe riding techniques.

If you or someone you know has suffered a Fostoria, Ohio bicycle accident injury due to the negligence of another person, contact our office today for one of our free books. We have The Ohio Accident Book, as well as Little Kids, Big Accident: The Ultimate Guide to Child Injury Cases in Ohio.

Mistake #3 - Riding without hands can cause serious bicycle accident injuries | Bowling Green, Ohio bicycle accident lawyers

blog@www.charlesboyk-law.com (blog Author)13122 — Tue, 02 Jun 2009 08:00:00 EST

It can be tempting for kids to show off for their friends while riding their bikes. One of the most common mistakes that kids make while bicycling is riding "no-hands," or riding without their hands on the handle bars. This can be very dangerous and can cause a serious bicycle accident injury.

The Ohio Department of Public Safety agrees. See what they have to say about this dangerous mistake that can cause an Ohio bicycle accident injury:

Some bicyclist think this [riding "no-hands"] shows how skillful they are. Actually, all it really shows is that they can balance on their bikes - something almost everyone can do.

It also shows that they aren't in control of their bikes and all other road users should watch out for them. Such a childish attitude tells the motorist that the bicyclist hasn't grown up yet.

Ride with both hands on the handle bars; you'll be ready for emergencies. '

If you or someone you know needs help after a Sylvania, Ohio bicycle accident injury caused by the negligence of another person, contact our office for your FREE copy of Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio. Our attorneys are available 24 hours a day, seven days a week.

California boy seriously burned by propane heater | Defective product attorney

blog@www.charlesboyk-law.com (blog Author)12313 — Thu, 21 May 2009 08:00:00 EST

In December of 2005, seven-year-old Trevor Dennis was severely burned by a Coleman propane heater inside the trailer where he was camping with his family. Trevor had burns covering most of his body after the propane heater caused the trailer to catch fire while he was still inside.

The case was heard in the California Court of Appeals earlier this week. On the packaging of the Coleman heater was a photo of a woman holding a child inside of a home, making the consumer believe that the heater was appropriate for indoor use. However, California Health and Safety Code Section 19881 mandates that non-vented propane heaters may not be sold for indoor use.

John Bisnar, an aggressive personal injury attorney from California, is representing the Dennis family against the makers of the propane heater, and hopes to bring justice to a family who must live with their son's injury for the rest of their lives.

If you or someone you know has suffered burns or other serious injuries from a defective or mislabeled product, you need information. Contact our office 24 hours a day, seven days a week.

Ohio Yaz injury lawyer launches new TV commercial | Ohio Yaz injury attorney

blog@www.charlesboyk-law.com (blog Author)11584 — Mon, 04 May 2009 08:00:00 EST

If you or someone you know has suffered any of the following health problems after taking Yaz, Yasmin, or Ocella birth control, you may have a claim. According the manufacturer's warning label, problems arising from Yaz may include:

Blood clots

Stroke

Heart Attack

Benign liver tumors

Bleeding inside the brain

High blood pressure

Our Swanton, Ohio Yaz injury lawyers have just launched a new TV commercial that addresses this important issue. Contact our office immediately, 24 hours a day, seven days a week if you have any question on the serious health issues that may arise from taking Yaz birth control.

Ohio Yaz injury lawyer launches new TV commercial | Ohio Yaz injury attorney

blog@www.charlesboyk-law.com (blog Author)11585 — Mon, 04 May 2009 08:00:00 EST

New Little Kids, Big Accidents book to help parents | Findlay, Ohio child accident lawyers

blog@www.charlesboyk-law.com (blog Author)11497 — Fri, 01 May 2009 08:00:00 EST

Our Swanton, Ohio child accident lawyers are pleased to announce the launch of their new book, Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio.

The attorneys in our office believe that knowledge is power. Our goal with Little Kids, Big Accidents is to help parents understand how they can best protect their rights and their children's rights after an Ohio dog bite, an Ohio car accident, an Ohio pedestrian or bus accident, or an Ohio wrongful death.

If you or someone you know has a child who has been injured in an Ohio children's accident, click here to order your FREE copy of Little Kids, Big Accidents: The Ultimate Guide to Child Injury Cases in Ohio.

Our Toledo, Ohio car accident lawyers are available 24 hours a day, seven days a week.

How can you prevent an Ohio motorcycle accident fatality? | Tiffin, Ohio motorcycle accident lawyers

blog@www.charlesboyk-law.com (blog Author)11050 — Fri, 17 Apr 2009 08:00:00 EST

Our Findlay, Ohio motorcycle accident lawyers handle cases involving injuries from Ohio motorcycle accidents on a regular basis.

New impact jackets act like airbags for the body when a motorcyclist is ejected from their bike during a motorcycle accident. Just as helmet use is imperative in protecting a rider from injury during an Ohio motorcycle accident, impact jackets are imperative in protecting the body.

During a motorcycle accident, ribs can break and puncture the heart. Impact jackets inflate the moment a rider leaves the bike in a motorcycle accident, proving cushion and a buffer between the rider and the road.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our office today to order your FREE copy of The Ohio Accident Book.

Yaz birth control pills cause blood clots and other serious injury Part II | Ohio Yaz blood clot lawyers

blog@www.charlesboyk-law.com (blog Author)10479 — Thu, 02 Apr 2009 08:00:00 EST

In a previous blog, our Findlay, Ohio Yaz blood clot attorneys alerted readers to the health problems caused by Yaz birth control.

Some of these health issues include:

Yaz causing pulmonary embolism, commonly known as blood clots in the lung

Yaz causing myocardial infarction or heart attacks

Yaz causing cerebral hemorrhage or bleeding inside the brain

Yaz causing cerebral thrombosis or blood clots in the brain, leading to strokes

Yaz causing thrombophlebitis or blood clots in one or more of your veins

Yaz causing hypertension or high blood pressure

Yaz causing gallbladder disease

Yaz causing hepatic adenomas or benign liver tumors

While every birth control pill has its side effects and risk factors, the problem with Yaz is that the false advertisements masked Yaz’s potentially fatal health problems.

If you or someone you know has suffered serious injury due to Yaz, contact our Ohio Yaz injury lawyers immediately, 24 hours a day, seven days a week at 800.637.8170, or click here.

Yaz birth control pills can cause major health issues Part I | Ohio Yaz blood clot lawyers

blog@www.charlesboyk-law.com (blog Author)10478 — Tue, 31 Mar 2009 08:00:00 EST

Our Swanton, Ohio products liability lawyers handle cases involving misleading prescription drugs on a regular basis.

There has been recent controversy surrounding the birth control pill Yaz, as the Food and Drug Administration warns Bayer, the maker of Yaz, that their commercials are misleading.

In two separate Yaz commercials, the consumer could think that Yaz birth control treats a common problem affecting women, premenstrual syndrome, or PMS. In reality, the pill only treats a separate and totally different problem, PMDD.

The commercials also state that Yaz can clear up adult acne, which is also not true, according to the FDA.

More importantly, Yaz has been found to cause a number of serious health problems for women taking the once-daily birth control pill.

Click here to learn of potentially fatal health issues that can arise after taking Yaz.

If you or someone you know has suffered serious injury due to Yaz, contact our office immediately, 24 hours a day, seven days a week at 800.637.8170, or click here.

Bluffton fatal bus accident victims to share $3 million | Findlay, Ohio bus accident attorneys

blog@www.charlesboyk-law.com (blog Author)10172 — Sun, 22 Mar 2009 08:00:00 EST

The State of Georgia will pay $3 million to the victims in the 2007 Bluffton baseball team fatal bus accident, which is the maximum legal settlement that the state is allowed to pay.

The Atlanta-Journal Constitution quotes:

"But state tort law limits the state’s liability to $3 million per occurrence, no matter how many people were hurt, said DOT spokesman David Spear."

The fatal bus accident took the lives of seven passengers, including five baseball players, the bus driver, and his wife. Twenty eight passengers suffered personal injury as a result of the fatal bus accident.

According to the Associated Press, it is believed that the bus driver thought that he was continuing onto a HOV, or High Occupancy Vehicle, lane, but drove onto a mismarked exit ramp. The parents of the fatal bus accident victims are asking the government to enforce stricter rules for bus safety, including stronger window glass and roofs, mandatory seatbelts, better driver training, and clearly marked exit signs.

Our Findlay, Ohio fatal bus accident attorneys have seen the devastation that Ohio bus accidents can cause. If you or someone you know has been injured in an Ohio bus accident, contact our office immediately to order your FREE copy of The Ohio Accident Book.

Motorcycle Safety Foundation releases guidelines for safe motorcycle riding | Swanton, Ohio motorcycle accident lawyers

blog@www.charlesboyk-law.com (blog Author)10112 — Thu, 19 Mar 2009 08:00:00 EST

The Motorcycle Safety Foundation recently released a guide to safe motorcycle riding that can help prevent a Swanton, Ohio motorcycle accident.

Here are some tips that can help you avoid a Findlay, Ohio motorcycle accident, according to the Motorcycle Safety Foundation:

1. Be visible. Stay out of other vehicle's blind spots, and avoid driving directly behind cars and trucks. Always use your headlights, even during daylight hours.

2. Dress for safety. Wearing a helmet is one of the best ways to avoid a motorcycle head injury due to a Tiffin, Ohio motorcycle accident. Use leather or thick clothing, as well as gloves, protective eyewear, and reflective clothing.

3. Apply effective mental strategies. Always ride your motorcycle defensively. Change lanes using your directional indicator, and avoid weaving in and out of traffic.

4. Know your bike and how to use it. Motorcycle classes are offered frequently around northwest Ohio, and should be taken by anyone who wants to ride. Practicing safe riding in all types of weather can help you avoid Toledo, Ohio motorcycle accidents.

If you or someone you know has been injured in an Ohio motorcycle accident, contact our office today to order your FREE copy of The Ohio Accident Book to learn your rights.

Fatal car accidents can happen even in the driveway | Findlay, Ohio car accident lawyers

blog@www.charlesboyk-law.com (blog Author)9928 — Fri, 13 Mar 2009 08:00:00 EST

How many fatal car accidents occur each year that don't happen in traffic?

According to The National Highway Traffic Safety Administration, over 33 people die and 16,000 are injured each week in the United States in non-traffic car accidents. Non-traffic fatal car accidents include accidents such as vehicular backovers, children being strangled when a motorized window goes up, kids passing away after being left in a hot automobile and suffering from hyperthermia, carbon monoxide poisoning, and car fires.

KidsandCars.org, a non-profit organization that advocates for kids and automobile safety, was happy to see the statistics finally gathered and released, since they have been rallying to have the government gather info on fatal car accidents and injuries that do not happen on the roads.

Our Findlay, Ohio car accident lawyers urge parents to be extra careful with their kids around cars, regardless if you are on the road or in your driveway. If you or someone you know has been injured in or around a car, contact our office today to order your FREE copy of The Ohio Accident Book.

Toledo car accident writes on Intra Family Exclusion, gets blasted by insurance adjuster | Toledo, Ohio car accident lawyer

blog@www.charlesboyk-law.com (blog Author)9853 — Wed, 11 Mar 2009 08:00:00 EST

When Toledo, Ohio car accident lawyer Dale Emch wrote a Toledo Blade article on Intra Family Exclusions, he didn't expect to receive such a harsh response from a local insurance agent in a Letter to the Editor. Read the response to Toledo, Ohio car accident attorney Dale Emch and see for yourself.

Attorney Emch went on to write a rebuttal, defending his stance that he is only trying to look out for the little guy in the event of an Ohio car accident. Here is an excerpt of his response:

My view is that passengers who are injured in a car accident should be entitled to receive compensation for medical expenses, lost wages, and pain and suffering even if the accident was caused by a driver who was an insured family member.

While not all auto insurance policies contain an Intra Family Exclusion, it is still a good idea to check with your agent to see if yours does. A ten-minute phone call could save you years of suffering if you are ever involved in an Ohio car accident. If you or someone you love is injured in an Ohio car accident, contact our office today to order your FREE copy of The Ohio Accident Book.

Nursing home suits heat up

blog@www.charlesboyk-law.com (news Author)4565 — Mon, 09 Mar 2009 08:00:00 EST

There's a new flurry of litigation over mandatory arbitration provisions in nursing home admissions contracts.

"There's a ton of litigation. It's a fairly rapid and recent development," said Paul Bland of Public Justice in Washington D.C., who receives two to three calls per week from plaintiffs' attorneys attempting to challenge arbitration clauses in nursing home agreements.

Nursing homes have made a big push in the past two years to require new patients to sign arbitration clauses waiving their right to a jury trial, and courts are now being asked to decide if those provisions are enforceable, said David Couch, an attorney in Little Rock, Ark., and the chair of the nursing home litigation section of the American Association of Justice.

Many of the same arguments over mandatory arbitration in other contexts apply to nursing homes. Providers say they help reduce litigation and insurance costs, while consumer advocates say that the furthest thing from a patient's mind when entering a nursing home is whether he or she has the right to sue in court.

However, nursing home cases also have unique aspects that distinguish them: patients are elderly and often mentally fragile or heavily medicated, and frequently someone other than the patient signs the contract to admit him or her.

New legal arguments

Although courts generally uphold mandatory arbitration provisions under the Federal Arbitration Act, procedural unconscionability arguments can be more powerful in nursing home cases.

"I've seen more [nursing home] cases in which courts have not enforced arbitration agreements than in any other setting," said Bland.

This is both because nursing home plaintiffs are a vulnerable population and because nursing homes have been very aggressive about imposing mandatory arbitration clauses on their patients, he said.

In the past, nursing homes overreached, burying their arbitration clauses in small print and limiting damages or discovery.

But nursing homes have learned from earlier court decisions and are now more careful about drafting their arbitration provisions, said Eric Carlson, an attorney and director of the long-term care project of the National Senior Citizens Law Center in Los Angeles.

Nursing home arbitration provisions are now often in bold print, require separate initialing and include a 7-day opt-out provision in an effort to make them "voluntary," Couch said.

The legal arguments have evolved as well.

The more recent cases involve questions of procedural unconscionability and the authority to bind the patient.

"To the extent that nursing homes are forming contracts with people who are very vulnerable, the unconscionability argument is easier," said Bland.

But because unconscionability is a fact-specific determination, there is no clear trend, Carlson said, although a handful of courts recently struck down terms within arbitration agreements, but then upheld the agreements after severing those terms.

Another evolving area of litigation is whether a relative, spouse or health care agent has the authority to sign a mandatory arbitration agreement for the patient.

"There are a lot of unusual legal issues that pop up because a lot of patients are signed in by someone who doesn't have the authority" to sign away their right to a jury trial, said Bland.

Courts, however, are all over the map on this issue.

The outcome depends on state agency law and the scope of authority possessed by a surrogate or health care agent, said Carlson.

Some courts, for example, have held that an agent's job of making "health care decisions" includes signing an arbitration provision, while others have said that signing a waiver of a jury trial is a legal decision, not a health care decision.

One court ruled that where an arbitration agreement was voluntary, this was a separate decision from the decision to enter the nursing home and therefore was not a "health care decision," Carlson noted.

In many cases, a general durable power of attorney, rather than a health care proxy, is at play, said Couch.

As a prevention strategy, he has begun asking estate planning lawyers to take care in drafting powers of attorney.

"I tell all estate planners when preparing a power of attorney to put in a clause explicitly limiting someone's power to enter into a mandatory arbitration agreement," said Couch.

Recent cases

Here's a look at some recent cases involving mandatory arbitration agreements in nursing home contracts that illustrate some of the common legal arguments on the issue:

Authority

• When an arbitration agreement stated it was not a precondition to admission to a nursing home, signing it was not a "health care decision" by a health care surrogate, and the patient can sue in court for wrongful death. (Mississippi Care Center of Greenville v. Hinyab, No. 2005-CA-01239 (Miss. 2008).)

• A wife didn't have the authority to sign an arbitration agreement for her husband where she had not been given power of attorney or guardianship and the husband was not incapacitated and was able to sign the agreement himself. (Sikes v. Heritage Oaks West Retirement Village, 238 S.W.3d 807 (Tex. App. 2007).)

• A husband did not have the authority to sign an arbitration agreement for a wife suffering from dementia who had given no express or implied consent for him to act as her agent. (Warfield v. Summerville Senior Living, Inc., 158 Cal. App.4th 443 (Cal.App. 2007).)

• A wife's history of acting on behalf of and making decisions for her husband constituted circumstantial evidence that the wife was the husband's agent for purposes of signing an arbitration agreement. (Ruesga v. Kindred Nursing Centers West LLC, 215 Ariz. 589 (Ariz.App. 2007).)

• A nursing home patient with dementia was bound by her mother's signing of an arbitration agreement. (J.P. Morgan Chase & Co. v. Conegie ex rel. Lee, 492 F.3d 596 (5th Cir. 2007).)

Power of attorney

• Although a son had a durable power of attorney, this did not give him the authority to bind his mother to arbitration when admitting her to an assisted living facility, where the mother was not incapacitated and did not sign the agreement herself. (In re Estate of McKibbin v. Alterra Health Care Corp., No. 2D06-5452 (Fla. Ct. App. 2008).)

• A durable power of attorney for health care decisions includes the authority for the agent to enter into an arbitration agreement as part of a nursing facility admission agreement. (Owens v. National Health Corp., No. M2005-01272-SC-R11-CV (Tenn. 2007).)

Unconscionability

• Although an arbitration clause was substantively unconscionable, a nursing home patient could not prove procedural unconscionability where she was 70 years old and handled her own business affairs. (Fortune v. Castle Nursing Homes Inc., No. 07-CA-001 (Ohio Ct. App. 2007).)

Severability

• A court struck down several unconscionable provisions (including a limitation of damages clause, a one-sided choice of forum and copying charges of $3 per page) but upheld the remaining arbitration provision. (Trinity Mission Health & Rehabilitation of Clinton v. Estate of Scott, No. 2006-CA-01053-COA (Miss. Ct. App. 2008).)

• A court refused to uphold arbitration by severing the clause that designated an arbitrator whose rules carry a higher burden of proof than state law, even though the contract contained a severability clause. (The Place at Vero Beach Inc. v. Hanson, 953 So.2d 773 (Fla. Ct. App. 2007).)

Intra family exclusions in auto policies discussed by Toledo, Ohio car accident lawyer Dale Emch | Toledo, Ohio car accident attorney

blog@www.charlesboyk-law.com (blog Author)9765 — Fri, 06 Mar 2009 08:00:00 EST

Toledo, Ohio car accident lawyer Dale Emch wrote a very interesting article in the Toledo Blade on intra family exclusions in auto insurance policies. He has posted it on his Toledo, Ohio car accident blog.

If your auto policy has an intra family exclusion, it could mean that your family would not be protected in the event that you cause an Ohio car accident. The exclusion allows for the insurance carrier to deny the claim if you cause the accident, which also means that the insurance company would refuse to pay for your passengers’ medical bills, lost wages, or pain and suffering.

If you or someone you know has suffered injuries from a Toledo, Ohio car accident, you need information. Contact our Toledo, Ohio car accident lawyers today to receive your FREE copy of The Ohio Accident Book, or to schedule a free, no-obligation case evaluation and consultation.

Hidden clause in policy could be costly after Ohio car accident | Toledo, Ohio car accident lawyers

cboyk@charlesboyk-law.com (blog Author)9659 — Thu, 05 Mar 2009 08:00:00 EST

Even though you buy full coverage auto insurance to protect you and your family in an Ohio car accident doesn't mean that you will be fully covered.

Our Toledo, Ohio car accident lawyers see cases where an Intrafamily Exclusion is deeply written in an auto policy, which denies coverage if the Ohio car accident is caused by a family member. Many families do not know that their full coverage policy contains this exclusion - even though they pay extra money for what they think is full coverage.

Our Toledo, Ohio car accident lawyers urge drivers to double check with their insurance agents to see if this clause is present in their policy. If it is, make arrangements to change coverages. An Ohio car accident is jut that - an accident. Everyone should be entitled to compensation after an Ohio car accident, regardless of who causes it.

If you or someone you love has been injured in a Toledo, Ohio car accident, contact our office to receive your FREE copy of The Ohio Accident Book.

Ohio workers' compensation lawyer Dale Emch discusses Ohio work injuries | Toledo, Ohio workers' compensation attorneys

cboyk@charlesboyk-law.com (blog Author)9476 — Fri, 27 Feb 2009 08:00:00 EST

Our Ohio workers' compensation attorney Dale Emch discusses Ohio work injuries in his most recent Toledo Blade column, "Legal Briefs." If you or someone you know has been injured on the job, contact our office today for your FREE copy of The Ohio Work Injury Book. General legal questions to be considered in "Legal Briefs" can be sent to Ohio car accident lawyer Dale Emch at demch@charlesboyk-law.com or to 405 Madison Avenue, Suite 1200, Toledo, Ohio 43604.

Dear Dale: Assume someone has a worker's compensation claim with an allowable diagnosis of lumbar radiculopathy along with a psychiatric diagnosis. Can the worker be declared to have reached maximum medical improvement for the back injury and still keep open the psychiatric claim?

Answer: The quick answer is yes.

The worker's compensation system in Ohio is designed to pay for injured workers' medical bills and replace a portion of their wages if the injury renders them unable to work. Sometimes a worker sustains more than one injury and those injuries can resolve at different times.

You referred to maximum medical improvement, which indicates a familiarity with the worker's compensation system. Those folks speak a language that leaves the uninitiated scratching their heads and wondering what was just said. Maximum medical improvement means that the worker's injury is about as good as it's going to get. That doesn't mean the person has completely recovered, just that the doctors believe the person has healed to the extent possible.

Before workers reach maximum medical improvement, they can receive compensation called temporary total disability. (See, it's more lingo. People who spend a lot of time in the worker's compensation world speak in abbreviations like TTD and MMI.) Temporary total disability pays injured workers a portion of their wages while they're recovering. Once they reach maximum medical improvement, workers who haven't fully recovered may be eligible to receive compensation for any permanent injuries.

So, in your scenario, the worker you're speaking about has a back injury and a psychiatric issue related to the workplace accident. If the worker's back has improved to the extent possible - even if recovery isn't 100 percent - that portion of the claim can be resolved. If the accident led to a permanent back problem, the worker would be eligible for a payout based on the percentage of impairment or, if the injury renders the worker unable to gain sustained employment, the worker could receive compensation to replace his or her wages.

A resolution can be reached on the back injury while keeping the psychiatric claim open. If the workplace accident caused psychiatric problems that render the worker unable to work for a period of time, the person could receive temporary total disability. Or, the worker may be able to work, but needs to have any mental health treatment covered.

The worker's compensation system can be confusing at times, but there are resources that provide good information. The state's Web site can get you started. The address is www.ohiobwc.com.

Most dangerous time to drive is not in the winter | Ohio fatal car accident lawyers

boykadvertising@gmail.com (blog Author)9301 — Fri, 20 Feb 2009 08:00:00 EST

It turns out that the snowy winter months are not the most dangerous time to drive. The National Highway Traffic Safety Administration, of NHTSA, reports that August is the most dangerous month to be on the road, and Saturday is the most dangerous day to drive.

The number of car accidents in August 2008 totaled 3,612 and the number of car accidents in January of the same year were 2,818, according to the NHTSA. The change in the number of car accidents could be due to the time of day, simple distractions, or unsafe behavior, according to Forbes.com, who reported the findings.

The NHTSA also reported that speeding is a factor in 30% of all fatal car accidents, 18% of daylight car accidents were alcohol-related, and 54% of nighttime car accidents were alcohol-related.

Our Toledo, Ohio car accident lawyers handle Ohio car accidents on a regular basis. If you or someone you love has been injured in an Ohio car accident, contact our office today for your FREE copy of The Ohio Accident Book. You can also contact our attorneys 24 hours a day, seven days a week to discuss your Ohio car accident case.

Injured in Michigan? We work with Michigan's best car accident attorneys, Buckfire and Buckfire. They handle all types of Michigan car accidents, and have also written The Ultimate Michigan Car Accident Handbook. To order your FREE copy today, contact their office 24 hours a day, seven days a week.

New technology can help prevent pedestrian car accidents | Ohio fatal pedestrian car accidents

boykadvertising@gmail.com (blog Author)9239 — Wed, 18 Feb 2009 08:00:00 EST

What can you do to prevent pedestrian car accidents? Check out the video below to see what General Motors is doing to create technology that could save lives.

New technology, called V2P, or Vehicle to Pedestrian, is designed to help drivers spot pedestrians and bicyclists nearby. Small devices the size of a cell phone release signals to cars with the built-in receivers.

Our fatal car accident lawyers handle on a regular basis car accidents that involve pedestrians or auto accidents involving bicyclists. We can help you if you have been struck by a car while walking or on your bike. Contact our office to order your FREE copy of The Ohio Accident Book.

Bus safety Part II | Ohio bus accident lawyers | Ohio fatal bus accident attorneys

boykadvertising@gmail.com (blog Author)9084 — Fri, 13 Feb 2009 08:00:00 EST

The recent Toledo, Ohio bus accident involving a van and a bus carrying Toledo high school students has brought the issue of bus safety to light in the northwest Ohio area.

February's issue of Trial magazine also featured an article on bus safety, entitled, "A dangerous ride on America's buses." The article highlighted some of the major problems that surround bus accidents in the United States.

Some of these problems include:

Lack of seatbelts. The National Transportation Safety Board determined that passenger seat belts could have saved some of the lives that were lost during the Bluffton baseball team bus crash in 2007.

The need for stronger roofs. As bus manufacturers enlarge the windows on buses, the support structures have gotten smaller, making the roofs weaker and more likely to collapse in a rollover accident.

Lax enforcement of existing regulations. Bus operators are often not concerned if they are not following the rules - as long as their passengers are happy.

Poor oversight of bus operators. The only thing needed to start a bus company is a motor coach. Bus companies do not have to follow any federal regulators the way that airlines must obey the the FAA.

Unqualified bus drivers. As bus travel becomes more and more in demand, so does the need of drivers. This need causes the driver qualifications to relax. According to the article, too many bus company owners simply look the other way and hope that nothing happens.

If you or someone you love has been injured in an Ohio bus accident, you need information. Contact our office today to order your FREE copy of The Ohio Accident Book.

Toledo school bus accident injures 13 | Ohio bus accident lawyers

boykadvertising@gmail.com (blog Author)8980 — Tue, 10 Feb 2009 08:00:00 EST

Bowser high school student Josh Sonora, Jr. speaks on the Ohio bus accident he was recently involved in.

The Toledo Public School bus, carrying 10 high school students from different area schools, was headed to Toledo Express Airport for a lesson on airplane mechanics when a minivan swerved across the road and collided with the bus.

Everyone involved in the Toledo Public School bus accident was taken to the hospital.

Our Toledo, Ohio bus accident lawyers handle Ohio bus accident cases on a regular basis. The Ohio bus accident attorneys handle TARTA bus accidents, Ohio school bus accidents, Greyhound bus accidents, and other types of Ohio bus accidents for both passengers and drivers.

If you or someone you know has suffered injuries from a bus accident, contact our office today to order your FREE copy of The Ohio Accident Book.

Parents file $100 million lawsuit against Days Inn Corp. after daughter is killed by employee at hotel | Ohio wrongful death lawyers | Toledo tragic death attorneys

boykadvertising@gmail.com (blog Author)8752 — Wed, 04 Feb 2009 08:00:00 EST

An Alabama woman suffered wrongful death after she was killed in a Tennessee hotel this past September. The parents of the 21-year-old former homecoming queen filed a $100 million lawsuit against the hotel, Days Inn Corp., for the wrongful death of their daughter, citing that the hotel failed to preform employment background checks after hiring illegal immigrants.
A Days Inn employee used a master key to let himself into the room where the woman was staying during her business trip, then sexually assaulted and killed her. Her body was found a week later in a nearby lake.

Tragic deaths like this one are so sad, but they are also common, and our Ohio wrongful death attorneys see the devastation these types of horrible crimes can cause.

If you need help dealing with the tragic loss of a loved one, contact our office today to order your free copy of The Ohio Wrongful Death Book to learn your rights.

Ohio fatal car accident lawyers | Cities with most fatal teen car crashes

boykadvertising@gmail.com (blog Author)8520 — Fri, 30 Jan 2009 08:00:00 EST

Our Toledo, Ohio fatal car accident lawyers see the devastation that deadly car accidents can have. While fatal car accidents can happen to anyone, car accidents are the leading cause of death among teenagers, according to the US Centers for Disease Control.

Many factors can contribute to teen car accidents, including cell phone use and texting messaging behind the wheel, drinking and driving, or other distractions in the car like friends or music. Mix those distractions with ADD, or Attention Deficit Disorder, which the CDC reports over 2 million teens nationwide suffer from, and it turns into a recipe for disaster.

According to a recent study by Allstate Insurance Company, Tampa, Florida is considered the top city for fatal teen car accidents between Thanksgiving and New Years Day out of the 50 largest metro areas in the country. Here are the other top nine cities in the US where fatal teen car accidents are the most prevalent:

Jacksonville, FL

Orlando-Kissimmee, FL

Kansas City, MO

Birmingham-Hoover, AL

Phoenix-Mesa-Scottsdale, AZ

Las Vegas-Paradise, NV

Oklahoma City, OK

Louisville, KY

Richmond, VA

If you or someone you know has been injured in an Ohio car accident, contact our office for your free copy of The Ohio Accident Book.

Ohio amusement park injury lawyers | Kentucky teen settles lawsuit after she loses feet in roller coaster accident

boykadvertising@gmail.com (blog Author)8519 — Wed, 28 Jan 2009 08:00:00 EST

Roller coaster injuries, falls from thrill rides, or injuries caused by workers' unsafe practices can all have devastating consequences. Our Ohio amusement park injury attorneys handle cases where people are injured at amusement parks, and they see how serious these injuries can be.

Kaitlyn Lasitter, a teenager from Kentucky, received a settlement from a Six Flags Amusement Park after her feet were severed during a thrill ride in June 2007. The ride malfunctioned, causing a cable to snap, swing down, and cut off the 13-year-old's feet.

Her parents later sued the Kentucky amusement park for negligence and failure to properly test, inspect, maintain, and operate the ride. The lawsuit states that if the machine operator had pressed the emergency stop button right away, Kaitlyn probably would have only suffered cuts and scrapes.

Doctors were able to reattach her right foot, but part of her left leg had to amputated. The settlement, which is to be kept confidential, will provide lifetime care for the girl.

If you or someone you know has been injured while at an amusement park, contact our office today for your free consultation and case evaluation.

Ohio fatal accident lawyers | Book recommendations for grieving families Part II

boykadvertising@gmail.com (blog Author)8396 — Sat, 24 Jan 2009 08:00:00 EST

The Ohio fatal accident lawyers in our office see the devastation that Ohio wrongful deaths can cause, and they understand how much grief a death can bring to a family.

They encourage anyone who is grieving from the tragic loss of a loved one to seek help in this time of need, whether it be from other family members, or professionals.

In response to our previous blog on book recommendations for those suffering from the death of a loved one, we are providing a more titles that can help you while you grieve.

The titles include The Bereaved Parent, by Harriet Sarnoff Schiff; Who Dies? by Stephen and Ondrea Levine; On Death and Dying, by Dr. Elizabeth Kubler-Ross; and Awakening from Grief: Finding the Road Back to Joy, by John E. Wishons.

If you or someone you know has lost a loved one due to a fatal accident, The Ohio Wrongful Death Book, written by the attorneys in our office, could also help. Contact our office for your complimentary copy.

Ohio car accident lawyer | Toledo, Ohio dog bite attorney Dale Emch on will execution

boykadvertising@gmail.com (blog Author)8354 — Thu, 22 Jan 2009 08:00:00 EST

Toledo, Ohio car accident lawyer Dale Emch discusses will execution in his most recent Legal Briefs column in the Toledo Blade. If you have a general legal question you would like to see considered for publication in Legal Briefs, including those involving Ohio car accidents, Ohio workers' compensation claim s, Ohio dog bites, or Ohio ATV and motorcylcle accidents, contact Attorney Emch at demch@charlesboyk-law.com or by contacting our office.

Dear Dale: I have some questions about being an executor of a will. When an attorney is appointed to be the executor of a family member’s will, how is the attorney paid for his services? How is the attorney held accountable for his honesty and integrity in handling the execution of the will? And, does the attorney have an obligation to make a financial accounting to the beneficiaries of his fees?

ANSWER: Ohio and local rules specify how executors and attorneys can be compensated. Executors and attorneys serve different functions in how estates are handled through the Probate Court.

Let’s start with the role of the executor. The executor administers the estate of a decendent who had a will.

This person can be a family member, a trusted third party, a lawyer, a bank, or a trust company. This can be a big job that includes responsibilities such as receiving payments owed to the estate, paying debts owed by the estate, determining the estate’s beneficiaries, and following the Probate Court’s orders concerning the estate.

An executor has a duty to act in the best interest of the estate and to carry out all state-law- mandated responsibilities. Acting in the capacity of an executor can be a time-consuming job for which state law allows compensation.

Under state law, an executor of an estate involving a will can receive a commission of 4 percent of the first $100,000 of the estate; 3 percent above $100,000 and below $400,000, and 2 percent above $400,000. So, for example, if you were the executor of an estate valued at $200,000, you could receive $4,000 for the first $100,000 and $3,000 for the next $100,000 for a total of $7,000. An executor also can receive commissions for other activities, but my space is too limited to include a laundry list here.

Whether or not the attorney acts as the executor doesn’t matter in terms of the legal obligations imposed.

The executor must carry out the obligations mandated by law, must act in good-faith, and must account to the Probate Court for expenditures made on behalf of the estate and for the fees received for those services.

If an executor does not meet the obligations imposed by law, the Probate Court can remove the executor.

You also asked about whether an executor has to make an accounting to the beneficiaries. At a time specified by state law, the executor has to make an accounting to the Probate Court and the beneficiaries.

But that doesn’t mean that a beneficiary has the right to demand an accounting of the executor whenever he or she wants that information.

Because you intertwined the roles of attorneys and executors in your question, I want to address compensation for attorneys. It’s not hard to imagine that the duties of an executor can become pretty overwhelming, especially if an estate contains a lot of assets or debts. Executors often hire an attorney to help sort out the estate and to handle the legal work with the Probate Court.

Attorneys can set their own hourly fees for estate work. They also can elect to be compensated in an amount set by the Probate Court. In Lucas County, the schedule for attorney fees on probate assets is 4.5 percent of the first $100,000; 3.5 percent of the next $300,000, and 2.5 percent of the remaining balance.

Ohio fatal accident attorneys | Ohio tragic accident lawyers recommend books that help cope with loss

boykadvertising@gmail.com (blog Author)8202 — Sat, 17 Jan 2009 08:00:00 EST

Losing a loved one to tragic circumstances is devastating. Dealing with the emotions of loss, confusion, and grief can be hard even when the death is natural.

Our Ohio wrongful death lawyers see the devastation that Ohio fatal accidents can have on a family. Our attorneys encourage the surviving family and friends to talk about their feelings, and avoid bottling up any emotions.

We realize that sometimes it can be hard to talk to someone, especially if there are few surviving family members. Our Toledo, Ohio fatal accident lawyers recommend these books to help survivors cope with a loss, and learn how to talk to others about the pain they are suffering. Titles that can help you deal with the loss of a loved one include: This Thing Called Grief: New Understandings of Loss by Thomas Ellis, When Bad Things Happen to Good People by Harold Kusner, Spousal Bereavement in Late Life by Camille Wortman, and Lessons of Loss: A Guide to Coping by Robert A. Neimeyer.

The attorneys in our office have also written a book called The Ohio Wrongful Death Book that helps surviving family members navigate the complicated world of an Ohio wrongful death claim. If you or someone you know if suffering a loss due to a fatal Ohio accident, contact our office today for your free copy.

Ohio fire fatality lawyers | Lawsuit filed after man dies in Ohio apartment fire

boykadvertising@gmail.com (blog Author)8114 — Thu, 15 Jan 2009 08:00:00 EST

Our Ohio wrongful death lawyers filed suit in Wood County Court of Common Pleas this week in a case involving the Ohio accidental death of Ronald Perez, 45.

Mr. Perez died in an Ohio apartment fire in Weston last July, as did his friend and neighbor, Jimmy White, 69. Onlookers believe that it was Mr. Perez who could be seen in the second story window, hair and body on fire, screaming for help, before going back into the burning building to save his friend.

The lawsuit, filed on behalf of Ronald Perez's father, Abel Perez, Sr., claims that the apartment where Ronald lived was not equipped with working smoke detectors. The suit states that apartment owner Daniel Van Vorhis "owed a duty of care" to supply the building with working smoke detectors, and comply with all applicable building, housing, health, and safety codes.

According to a Toledo Blade article from July, many of the neighbors did not awaken until they heard firefighters trying to fight the blaze, which was producing flames 80 feet high.

Our Ohio fire fatality lawyers know how important the role smoke detectors play in saving lives during a fire, and urge everyone, renters and homeowners alike, to regularly test their smoke detectors. Notify your landlord if you feel that you are not properly protected from potential fires - you have a right to be safe where you live.

If you or someone you know has lost a loved one due to tragic circumstances, contact our office to order your free copy of The Ohio Wrongful Death Book.

Ohio fatal accident lawyers | Sylvania, Ohio native passes away after tragic accident during Christmas play

boykadvertising@gmail.com (blog Author)7952 — Thu, 08 Jan 2009 08:00:00 EST

Our Ohio fatal accident lawyers see the devastation that tragic accidents can cause to a family and a community.

Keri Shryock of Sylvania, Ohio tragically died shortly after a fatal accident during a Christmas pageant on December 18, 2008, according to the Toledo Blade.

Keri was playing the part of a wiseman in the play, and was suspended by a cable over 20 feet in the air when the cable snapped, causing her to fall to the ground. She passed away the next morning.

“Ms. Shryock should have never been up that high without proper safety devices and training,” Attorney Chuck Boyk said. “She should have been protected better in order to prevent this tragic fatal accident.”

If you or someone you know needs help dealing with a wrongful death caused by tragic circumstances, order your free copy of The Ohio Wrongful Death Book. Our fatal accident attorneys can help you navigate the complicated world of an Ohio wrongful death claim.

Ohio prescription error lawyers | Elderly patients at risk for prescription errors

boykadvertising@gmail.com (blog Author)7749 — Fri, 02 Jan 2009 08:00:00 EST

Our Ohio medical malpractice lawyers see the devastating effects that prescription errors can have on a family. Often times these fatal prescription errors are made during the care of an elderly or disabled person.

The Journal of Hospital Medicine reported that 49 percent of almost 500,000 hospital patients 65 and older have been prescribed one or more drugs known to be unsafe to older patients.

The Institute of Medicine reported that at least 1.5 million Americans are sickened, injured or killed each year by errors in prescribing, dispensing and taking medications.

Prescription errors can be characterized as any of the following:

• Prescribing the wrong medication
• Dispensing the wrong medication
• Prescribing the right medication in the wrong dosage
• Prescribing a medication that may have severe interactions with other medications the patient is currently taking
• Filling the wrong prescription or dosage
• Giving patients the wrong instructions for taking the medications
• Neglecting to monitor the patient's response to drugs
• Mislabeling the drug placed in a bottle and misuse of generic drugs

Our Ohio prescription error attorneys urge patients and caretakers to be extra cautious before taking any type of medication, whether it is over-the-counter or prescription, in order to prevent potentially fatal prescription errors. Talk to you doctor and your pharmacist about your medications, and make sure that the paperwork matches what you discussed.

Read all labels and make sure that the bottles have your name and contact information on it. Also make sure that your pharmacy is aware of all drugs that you are taking, in order to prevent adverse side effects or overdose.

Ohio truck accident lawyers | Prevent Ohio truck accidents this winter, use extra caution in ice and snow

boykadvertising@gmail.com (blog Author)7682 — Tue, 30 Dec 2008 08:00:00 EST

Our Toledo, Ohio truck accident lawyers want to urge drivers to be extra careful this winter as the snow and ice make it difficult for semi-trucks to maneuver on roadways.

According to the National Highway Traffic Safety Administration, one in eight fatal car accidents in 2004 resulted from a collision involving a large truck.

The heavy weight of the vehicle makes it harder for semi-trucks to stop, especially when there is snow and ice on the ground. Since the trailer is only connected to the truck’s cab in one place, it is easy for the trailer to jack-knife, or sway on icy roads. Help truck drivers avoid an Ohio truck accident by never cutting off a driver, and by maintaining proper speed around them.

Stay out of a trucker’s blind spot. If you cannot see their rear-view mirrors, the truck drivers cannot see you. Avoid Ohio truck accidents by keeping extra distance between you and trucks this winter. But if you or someone you know has been injured in an Ohio truck accident, contact our Ohio truck accident attorneys to order your FREE copy of The Ohio Accident Book today.

Ohio car accident lawyer | Toledo, Ohio lawyer on rental agreements and deposits

boykadvertising@gmail.com (blog Author)7594 — Fri, 26 Dec 2008 08:00:00 EST

Ohio car accident lawyer Dale Emch discusses rental agreements and deposits in his December 21, 2008 Legal Briefs column. If you have a general legal question on Ohio car accidents, Ohio dog bites, Ohio workers’ compensation, or a similar issue, contact Attorney Emch and demch@charlesboyk-law.com.

Dear Dale: I moved out of an apartment last year. Even though more than a year has passed, I have not been able to get my security deposit back. I've called the apartment complex's office more than 100 times, but they still won't return my deposit. Every time I call, they have good attitudes with a lot of excuses, but they never give me my security deposit. I'm really tired of calling them. Is there anything I can do?

Answer: I think most of us have rented an apartment or home at some point in our lives, and most of us have had a landlord hold back all or a portion of a security deposit, sometimes justifiably, sometimes not.

I shudder at the memory of my college roommates and I acting indignant when our landlord refused to give us our security deposit back many years ago. We were, to put it euphemistically, enthusiastic college boys. By the end of the year, the nice home we had moved into looked like something the city might consider condemning. An exaggeration, but you get the point. Though we really had no business getting our deposit back, my brother, Gregg, and a buddy of his - both newly minted lawyers at the time - pointed us to a law that put part of our deposit back in our undeserving hands.

State law dictates when landlords can retain security deposits, and our landlord didn't comply with the law. The Ohio Revised Code requires landlords to return security deposits within 30 days after termination of the rental agreement.

A landlord can withhold all or a portion of a security deposit for such things as unpaid rent, damage to the property, or violations of the lease. A landlord seeking to withhold any portion of a security deposit must provide written notice within 30 days of the end of the lease giving an itemized listing of reasons the deposit wasn't repaid, and a dollar figure associated with each item. Normal wear and tear on an apartment isn't sufficient reason to withhold a security deposit, and courts have ruled that landlords can't build in routine cleaning costs to the lease as justification for withholding security deposits.

State law provides a hammer tenants can use to whack landlords who don't comply with the security deposit code section. If a landlord fails to comply with the law, the former tenant can get double the amount owed to him, plus reasonable attorney fees.

Double damages and attorney fees are available but the law states that the tenant must provide the landlord with written notice of a new address where the security deposit or an itemized list of deductions can be sent. Though it appears that your landlord did not supply you with notice of why your deposit was being withheld, it's unclear to me whether you provided written notice of your new address.

If you did provide notice of your new address, you may want to consider suing the landlord in Toledo Municipal Court. It might take some time, but you've waited this long, right? It's clear that the landlord either feels justified in withholding your deposit or has no intention of ever coughing it up. Maybe having to pay double damages and attorney fees will cause the landlord to reconsider this behavior in the future. Trying to stop that kind of behavior is precisely why the law contemplates that financial hit. The legislature realized that without some sort of pain in the pocketbook, landlords could withhold security deposits for all sorts of shaky reasons.

If you haven't supplied your landlord with written notice of your new address, I'd do that immediately by certified mail, and then I'd contact an attorney if that fails to produce your security deposit.

Ohio Workers' Compensation Lawyer | Ohio car accidents on the job can be confusing

boykadvertising@gmail.com (blog Author)7580 — Thu, 25 Dec 2008 08:00:00 EST

Ohio workers’ compensation attorney Dale Emch addresses the issue of Ohio car accident work injuries in his Toledo Blade column “Legal Briefs.” Attorney Emch answers general legal questions every other Sunday on topics ranging from Ohio dog bites and wrongful death, to medical malpractice and Ohio ATV accidents. Read his column below.

Dear Dale: If one of our employees is injured in a car accident in a company vehicle while on the job, what can we recoup from the person who caused the accident? If our workers' compensation payments increase, can the person who caused the accident be forced to pay the difference?

You've raised a few points about the degree to which someone who causes a traffic accident might be held financially responsible. To provide answers to your specific questions, it might be helpful to have a more general understanding of how much money the victim of an injury accident can recover.

Generally, the victim in a personal injury accident can recover for all of his financial loss. The injured person can recoup losses for medical bills incurred, lost wages, pain and suffering experienced, and the cost of vehicle repair. In some limited situations, such as when the person who caused the accident was intoxicated, punitive damages may be awarded as a way to punish the driver and set an example to others.

The idea is to make the injured person whole for actual expenses incurred and provide compensation for the pain experienced. The person who caused the accident is responsible for the financial damage caused to the extent the injured person can provide evidence of his injuries. Obviously, these expenses can mount quickly, which is why we're all required under Ohio law to carry liability insurance.

The same concept applies to anyone who experienced a loss as the result of another's negligence. So, if you're an employer and your employee is injured in a company vehicle, the person who caused the injury is financially responsible for the damage to your vehicle. Usually, this is the easy part of an accident claim. If it's clear that one person is responsible for causing the accident, that person's insurance company generally will settle the property damage. You may not always think the compensation offered is fair, but usually you'll get it worked out.

Applying these ideas to your situation, you should be able to recoup any losses caused by damage to your company vehicle. The workers' compensation issue is a lot trickier. In Ohio, employers either pay into a state fund or qualify for self-insured status. It's a no-fault system, which means that generally, regardless of whether the employee causes the injury or if it's somehow caused by the employer's conduct, workers' compensation will provide benefits to the injured worker.

It seems that you're concerned that if one of your employees is injured as the result of a third party's negligence, you'll be stuck paying higher premiums. This may not be the case at all. Your premiums may not budge as a result of the claim, especially if the injury was caused by a third party not related to your company.

If your injured worker brings a personal injury claim against the person who caused the accident, workers' compensation has a right to recoup any money it paid for the workers' comp claim. That recovery is based on a formula that includes such things as the amount recovered, the expenses incurred to secure that recovery, and the attorney's fees. You might get credit for the amount the system recovers on the claim, but I don't think you'd be able to sue the third party for any increase in your premiums.

I don't have enough space in the column to provide a lot of details about the impact to your workers' compensation premiums, but if you think your company may be affected by this type of situation, I'd recommend that you contact the Bureau of Workers' Compensation.

Ohio ATV accident lawyers | ATV accident settles for $6.1 million

boykadvertising@gmail.com (blog Author)7443 — Fri, 19 Dec 2008 08:00:00 EST

A case involving an ATV accident that caused blindness to a little boy was recently settled in Pennsylvania for $6.01 million.

A nine-year-old boy was riding his grandfather’s ATV unsupervised, when a hunting dog escaped from his kennel and startled the boy. He then lost control of the ATV, flipped it, and the handlebar punctured the boy’s eye. The ATV accident caused permanent blindness.

Our Toledo, Ohio ATV accident attorneys want to remind riders to be careful while riding on ATVs, and also want to discourage parents from allowing their children under 16 from riding them at all.

In order to prevent an ATV accident, riders should not use the vehicles on a road – they are built to be off-road. Always travel at a safe speed, and never ride with a passenger. One of the most important factors in preventing a wrongful death from an ATV accident is using a helmet.

Ohio dog bite attorneys | Lucas County Dog Warden Tom Skeldon named "Dog Warden of the Year"

boykadvertising@gmail.com (blog Author)7389 — Thu, 18 Dec 2008 08:00:00 EST

Our Toledo, Ohio dog bite attorneys would like to extend our congratulations to Lucas County Dog Warden Tom Skeldon.

Mr. Skeldon was just named Dog Warden of the year by the nation's only dog bite advocacy group, DogsBite.org. DogsBite.org was founded by a person who was a victim of a pit-bull attack in Seattle. We work closely with Mr. Skeldon, and appreciate the work he has done to keep children and adults safe from vicious dogs and dog bites.

DogsBite.org agrees with Mr. Skeldon's hard work. They write, "Tom Skeldon has vigorously worked to prevent horrendous pit bull maulings resulting in serious injuries or death of human beings, their domesticated pets and livestock."

If you or someone you love has been injured by an Ohio dog bite, contact our office to order your FREE copy of The Ohio Dog Bite Book. Our attorneys are available 24 hours a day, seven days a week.

Ohio drunk driving car accident lawyer | Ohio alcohol-related fatal car accident attorneys | More alcohol myths that can prevent a drunk driving car accident

boykadvertising@gmail.com (blog Author)7252 — Fri, 12 Dec 2008 08:00:00 EST

Our Toledo, Ohio car accident lawyers would like to remind drivers about some of the alcohol myths that can lead to a drunk-driving car accident.

Alcohol-related car accidents can devastate a community, and these types of car accidents occur more often around the holidays, due to the increase in parties and family get-togethers.

According to Mothers Against Drunk Driving an estimated 1,000 people die during the period from Thanksgiving to New Year’s Eve in drinking-related crashes.

The Insurance Institute for Highway Safety reports that most deaths involving alcohol-related car accidents occur on December 23rd and January 1st.

Stay aware of another myth about alcohol, to keep you, your family, and other people on the road safe from alcohol-related car accidents.

MYTH:

I drive slower and more cautiously when I know that I have been drinking.

FACT:

Drinking impairs your motor skills. Period. Overcompensating your driving, such as moving slowly or spending extra time on turns can still cause a car accident and injure another person. If you drink, don’t drive, no matter how little you think you have had.

Designate a driver before you arrive at an event or party, and if you are hosting a party, make sure to set rules on drinking and driving. Offer to provide a ride home or a place to sleep for guests who drink. Avoid driving during the early and late evening hours on holidays like Christmas and New Years, and always wear your seatbelt.

We owe it to each other to keep everyone as safe as possible this holiday season.

Ohio car accident lawyer | Ohio drunk driving car accident attorney | Learn myths about alcohol that can prevent a drunk driving accident

boykadvertising@gmail.com (blog Author)7199 — Thu, 11 Dec 2008 08:00:00 EST

Our Toledo, Ohio car accident lawyers would like to remind drivers about some of the alcohol myths that can lead to an Ohio drunk-driving car accident.

Alcohol-related car accidents can devastate a community, and these types of Ohio car accidents occur more often around the holidays, due to the increase in parties and family get-togethers.

According to Mothers Against Drunk Driving an estimated 1,000 people die during the period from Thanksgiving to New Year’s Eve in drinking-related crashes.

The Insurance Institute for Highway Safety reports that most deaths involving alcohol-related car accidents occur on December 23rd and January 1st.

Stay aware of the following myths about alcohol, to keep you, your family, and other people on the road safe from Ohio alcohol-related car accidents.

MYTH:

It is easy to spot someone who has had too much to drink since they will show visible signs of intoxication.

FACT:

Physical appearance can be misleading. Just one drink can impair one's ability to drive safely, because judgment and motor skills are the first things affected by alcohol consumption.

Even at a blood alcohol level of 0.03, which is below the legal limit of 0.08, a person’s body can have trouble reacting to an emergency, standing with steadiness, steering a car, or properly moving their eyes.

MYTH:

Drinking coffee or eating a meal after drinking sobers up someone who has had too much to drink.

FACT:

Time is the only remedy for intoxication. It takes approximately one hour to rid the body of the effect of each drink consumed.

If you or someone you love has been injured in an Ohio car accident, contact our office today to order your FREE copy of The Ohio Accident Book.

Ohio ATV accident lawyers | Toledo, Ohio ATV accidents | NBA star Rodney Rodgers paralyzed after ATV accident

boykadvertising@gmail.com (blog Author)7052 — Fri, 05 Dec 2008 08:00:00 EST

An ATV accident has left former NBA star Rodney Rogers paralyzed from the shoulders down, according to the Associated Press. The ATV accident injury caused severe spinal cord damage.

LeRoi Moore, saxophonist and founding member of the Dave Matthews Band, suffered wrongful death this August from complications after an ATV accident in July.

Our Toledo, Ohio ATV accident attorneys want to remind riders to be careful while riding on ATVs, and also want to discourage parents from allowing their children under 16 from riding them at all.

In order to prevent an ATV accident, riders should not use the vehicles on a road – they are built to be off-road. Always travel at a safe speed, and never ride with a passenger. One of the most important factors in preventing a wrongful death from an ATV accident is using a helmet.

Injuries from an ATV accident can include broken arms or legs, including hands and feet. Often during a rollover ATV accident, the driver’s leg becomes pinned under the ATV, crushing the limb. There have been cases where the injury to the leg leads to amputation.

If you or someone you love has been injured by an ATV accident, contact our office today to order your FREE copy of The Ohio Accident Book, to learn your rights.