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Recent Blog Posts

What Mistakes Should I Avoid When Drafting a Power of Attorney?

 Posted on November 27, 2024 in Estate Planning

Medina, OH power of attorney lawyerA power of attorney is an essential legal tool in estate planning that allows a person (an agent) to make decisions and perform tasks on behalf of someone else (the principal). Principals use powers of attorney for many situations and purposes, including healthcare needs, real estate deals, tax filing, financial management, overseas transactions, and more. However, a power of attorney that is incorrectly drafted can lead to serious consequences, especially if it is legally invalid or provides the agent with powers that are too broad. Therefore, a power of attorney should be created by a qualified Ohio estate planning lawyer.

What Is a Power of Attorney Used for?

There are two main types of powers of attorney in Ohio:

  • Medical power of attorney: This allows an agent to make decisions about the principal’s healthcare. It is usually used when a principal becomes incapacitated and can no longer make such decisions.

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How Does Comparative Negligence Affect Personal Injury Claims?

 Posted on October 10, 2024 in Personal Injury

OH injury lawyerNegligence means someone did not take the precautions a reasonable person would have taken to avoid injury to someone else. A dog owner who fails to leash an aggressive canine, for example, could be considered negligent. A supermarket that does not clean up a spill in time can be accused of being negligent if a customer slips and falls. A driver who texts while driving is also negligent.

When people are injured as a result of someone else’s negligence, they often want to bring a personal injury claim. They may seek to recover damages such as medical expenses and loss of income. In Ohio, however — as in other states — there is a modified comparative negligence law. This allows the victim who brings the claim, also referred to as the plaintiff, to shoulder some of the blame for negligence.

This article will discuss modified comparative negligence and how it affects personal injury claims. Speak with an Ohio personal injury attorney for more details or for assistance with your claim.

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What Are the Legal Defenses to an OVI Charge in Ohio?

 Posted on September 10, 2024 in Criminal Defense

OH defense lawyerOperating a vehicle under the influence (OVI) of alcohol or drugs is a serious crime in Ohio. An OVI conviction can incur severe penalties ranging from fines, jail time, license suspension, and more. These depend on many factors such as:

  • Whether it is a first-time offense
  • The age of the driver
  • The amount of the substance used
  • Whether the driver refused to submit to an alcohol or chemical drug test

Understanding an OVI charge and its penalties is an important first step toward forming a legal defense. Speak with an Ohio OVI defense attorney who will craft a legal strategy to protect your rights.

What Are the Penalties for an OVI?

Because it depends on several factors, the OVI penalty structure is complex. Assuming a driver 21 or older has submitted to all tests and is convicted of an OVI, he or she may receive:

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How Can a Prenuptial Agreement Protect My Business Assets?

 Posted on August 09, 2024 in Family Law

OH family lawyerThere are many important things to consider when entering into a marriage. One of those considerations, while uncomfortable for some couples to think about, is that the marriage may end. If the marriage dissolves, the divorce process can significantly impact the life of each spouse. There may be child custody to divide, spousal support to pay, and marital property to distribute.

Ohio law defines marital property as assets that belong to both parties. These may include real estate, cash, jewelry, cars, and other possessions. They can also include business assets, which are divided in a divorce if they are considered marital property.

Some couples hire an Ohio family law attorney to draft a prenuptial agreement before the marriage to protect assets like businesses from being divided in a divorce. This article will further explore marital property, prenuptial agreements, and how a prenuptial agreement can protect your business assets.

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Is Alimony Mandatory for an Ohio Disabled Spouse?

 Posted on July 12, 2024 in Divorce

OH divorce lawyerDivorce is an emotionally difficult process under the best of circumstances. When the divorce and request for alimony involve a disabled spouse, the process becomes much more complex. People are living longer today than in the past, making disabilities and cognitive decline issues much more common during a divorce. The husband or wife seeking a divorce may face a significant level of judgment for divorcing a disabled spouse, yet there may be many more issues than meets the eye.

The disabled spouse may wonder how they will physically and financially get by on their own. A court will strive to reach an agreement that allows the non-disabled spouse to divorce while ensuring the disabled spouse is not left to struggle financially.

When the divorce is amicable, it is not unusual for the ex-spouse to continue to offer emotional and financial support for the disabled spouse. Even if this is true, the disabled spouse may require additional services and assistance.

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3 Tips to Follow When You Get Arrested

 Posted on June 12, 2024 in Criminal Defense

OH defense lawyerGetting arrested can be a scary, stressful situation to find yourself in. It can be especially difficult to control your reactions. Depending on the situation, the arresting officers might be on their guard and feeling edgy. With so much tension around, one wrong move has the potential to turn everything from a routine arrest into something much more distressing.

This article will offer five tips to follow if you get arrested. Knowing in advance what to expect can go a long way toward helping you remain in control of yourself and in turn, you can demonstrate to the arresting officers with your calm behavior that you should not be considered a threat and there is no need for extra force. When you are arrested for the first time, you have no idea what to expect, and there is no guide to follow. You also might not be aware of your rights. While all arrests are different, there are things you can do that are always a good idea. Of course, if this happens to you, a dedicated Brunswick, OH criminal defense lawyer can offer you valuable guidance on how to proceed.

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What Is Power of Attorney in Ohio?

 Posted on May 20, 2024 in Estate Planning

Wadsworth estate planning lawyerAssigning power of attorney to a trusted person gives family members or another designated individual the power to make important decisions on your behalf. A power of attorney is typically used in cases where you are unable to make medical or end-of-life decisions for yourself.

Many people may be somewhat familiar with the concept of power of attorney. However, it is important to understand the specifics of how incorporating it into your estate planning might be helpful. An Ohio estate planning lawyer can answer your questions about assigning power of attorney in your estate.

Ohio Power of Attorney: The Basics

In Ohio, the Uniform Power of Attorney Act details the specifics of power of attorney and when it might be used. Under this act, there are two main types of power of attorney that you may be able to incorporate into your estate plan or will:

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Is an Ohio Hotel Responsible if I Sustain an Injury?

 Posted on April 17, 2024 in Personal Injury

Wayne County personal injury lawyerWhen visiting a hotel around Ohio, tourists and Ohio natives alike expect the property to be safe and well-maintained. However, in cases where hotel owners neglect this duty or act recklessly, they may be liable for any injuries that occur. An experienced Ohio personal injury lawyer can help you understand your rights after being injured on a hotel property.

Common Types of Hotel Accidents and Injuries

Hotels are generally safe to visit and stay in, though a lack of care and maintenance or poor design of the hotel can lead to injuries in some situations. Common types of accidents sustained in hotels include:

  • Slip and fall accidents
  • Pool accidents and drownings
  • Elevator and escalator accidents
  • Faulty or damaged locks on room doors leading to crime, injury, or accidents
  • Improper food handling or cooking
  • Defective furniture or appliance accidents

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Can I Sue After an Ohio Car Accident?

 Posted on March 18, 2024 in Personal Injury

Medina, OH car accident lawyerExperiencing a car accident in Ohio can be devastating, and even seemingly minor car accidents can result in injuries that severely affect a person’s life. Recovering from any kind of car accident typically results in medical bills, emotional trauma, and other expenses that can be very difficult to manage.

In some cases, you can sue the party at fault for an Ohio car accident and receive compensation for your accident-related losses, including pain and suffering. An experienced Ohio car accident attorney can help you navigate this process.

How Do I Pursue an Ohio Car Accident Claim?

Pursuing an Ohio car accident claim can seem overwhelming at first, but there are a few steps you should initially follow that can make the process easier. Make sure that you receive adequate medical treatment for any injuries before you begin pursuing your claim.

To seek compensation after an Ohio car accident, you will need to:

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How Are Child Custody Decisions Made in Ohio Family Law Cases?

 Posted on February 15, 2024 in Family Law

Blog ImageChild custody disputes can be some of the most emotional and challenging aspects of a divorce or separation. In Ohio family law cases, the court's primary concern is always the best interests of the child. When making decisions regarding child custody, Ohio courts consider various factors to determine what arrangement will be most beneficial for the child's overall well-being. A skilled and experienced family law attorney can help you understand these factors and provide you with insight into how child custody decisions are made in Ohio.

Types of Child Custody

In Ohio, there are two general categories of child custody, which are usually referred to as legal custody and physical custody. Parents will usually be able to share both types of custody, although the arrangements put in place will depend on the specific issues involved in an individual case. Legal custody is known as the allocation of parental responsibilities under Ohio law, and it involves the parents' rights to make important decisions regarding their children's upbringing, such as education, healthcare, and religious practices. Physical custody is known as parenting time, visitation, or companionship, and it addresses where a child will primarily reside and when they will spend time in the care of each parent.

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