Posted on September 09,2019 in Uncategorized

When an injury-causing accident happens, there is often more than one reason the accident occurred. For example, a car accident may be caused by a combination of poor weather, intoxicated driving, and a traffic violation like speeding.

When an injured person brings a personal injury lawsuit against another party, the court must consider all of the factors that led up to the accident, and many personal injury cases involve more than one party who acted negligently. In some cases, the person bringing the personal injury claim was in some way partly to blame for the accident. In situations like these, comparative negligence laws dictate the amount of damages a partially at-fault claimant can pursue.

Ohio Comparative Negligence Laws

Comparative negligence, sometimes called comparative fault, is a legal concept that dictates how damages are reduced when a claimant’s negligence contributed to their accident. Different states have different laws regarding comparative negligence. In some states, a claimant cannot pursue any damages through a personal injury lawsuit if he or she was even slightly at fault for the injury-causing accident. Fortunately, Ohio courts follow a shared negligence model called “modified comparative fault.” In Ohio, a claimant is still allowed to pursue compensation for their damages as long as they are less than 51 percent at fault for the accident. Put another way, the claimant can still bring a personal injury lawsuit as long as they were not more at fault than the defendant.

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 Posted on August 01,2019 in Divorce

The decision to end a marriage is not easy, especially if the couple was married for a long time. One of the factors that concerns many people about getting a divorce is the financial aspect. The thought of how to divide assets or the loss of one whole income can be daunting. In some cases, one spouse may have earned significantly less than the other spouse did or even gave up his or her career to raise a child. In many states, such as Ohio, an award of “alimony” or now called “spousal support” may allow the spouse with the lower income to maintain his or her standard of living after the divorce. But, what happens to those support payments if one of the ex-spouses remarries?  

Determining Spousal Support in Ohio

In the state of Ohio, the court may order temporary spousal support during the divorce proceedings since some divorces can take a long time. Permanent spousal support payments may then be ordered once the divorce is final. While some states have guidelines for calculating the amount and duration of spousal support payments, Ohio divorce law leaves these decisions up to the court’s discretion. A judge must consider several factors when deciding whether or not to award spousal support payments.

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 Posted on July 16,2019 in Estate Planning

It can be easy for the elderly or disabled to be exploited by people who take advantage of them through undue influence, secret transactions, or identity theft. A power of attorney (POA) is a legal document that grants permission for one person, the “agent,” to represent another person, the “principal,” in different types of financial and medical matters.

Creating a power of attorney can be helpful if a person cannot be present to sign legal documents. It can also be a necessity, such as if someone becomes incapacitated. The POA allows for the agent (family member or friend) to take care of the principal’s finances or make decisions regarding medical treatment.

Comprehensive Durable Power of Attorney

All states have adopted a “durability” statute, which allows the principal to include in his or her POA a directive that no power granted by the principal will become invalid if said principal becomes mentally incapacitated. This is referred to as a “durable power of attorney,” and the document continues to be valid until a specified termination date or when the principal dies. Some of the advantages of having a comprehensive durable POA include:

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 Posted on June 07,2019 in Criminal Defense

Driving under the influence of alcohol and/or drugs in any state is illegal. This violation is commonly known as a DUI in many of states. In Ohio, the term is Operating a Vehicle under the Influence, or OVI. Alcohol or drugs can significantly impair a person’s ability to drive safely. If someone is arrested for an OVI for the first time, and his or her BAC or urine test exceeds the lawful limits, the officer on scene will confiscate his or her driver’s license. This is also true for a refusal of testing. In addition, the Ohio Bureau of Motor Vehicles (BMV) can suspend a motorist’s license. A driver can challenge the suspension after a period of 30 days from his or her arraignment. Ohio’s OVI laws can be complex, so it is important to understand the legal consequences if you are charged with an OVI and your options for defense.

Penalties for OVI

If you are lawfully arrested for an OVI in Ohio, there can be serious consequences, such as license suspension and fees, even if you are not convicted of an OVI in criminal court. The penalties for a first OVI offense depend on your intoxication level, or blood alcohol concentration (BAC) at the time of the arrest.

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 Posted on May 17,2019 in Personal Injury

The dangers drivers face each day on our roadways are undeniable. There are around six million car accidents each year in the United States, with more than three million annual injuries, and two million that lead to permanent physical effects. Also, an average of 90 Americans lose their lives every day in auto accidents.

Driver negligence is the primary contributing factor in most car wrecks, and it comes in many forms. If you were injured in a car crash caused by the negligent actions of another driver, you may be entitled to full compensation for medical costs, lost work, and pain and suffering.

Here are some of the most common causes of car accidents:

Distracted Driving

More than 1,000 individuals are hurt every day in the U.S. in accidents caused by distracted drivers, including an average of nine deaths per day. Texting while driving increases a person’s odds of getting into a car accident by 2,300%. Checking email, browsing social media, and talking on non-hands-free devices all contribute to these tragic stats.

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 Posted on April 19,2019 in Family Law

The history of prenuptial agreements can be traced back 2,000 years, but they began to benefit women in the United States during the 19th century. Before the Women’s Property Act of 1848, a woman could not have property in her name. In cases in which a woman’s husband would leave or pass away, a prenuptial agreement would ensure she would be left with something. After the act became law, prenuptial agreements protected women from their husbands taking advantage of their inheritances or property.

Today, prenuptial agreements have a similar purpose to situate finances before marriage in case either party wants a divorce sometime in the future. Preparing for divorce before walking down the aisle may feel like planning for a marriage to fail, but in reality, it helps couples communicate truthfully about their finances.

What is in a Prenup? 

In signing a prenup, financial expectations are finalized before marriage. There is no hiding debt of secret bank accounts with a prenuptial agreement. Lying in this notarized document is perjury. Some people get into marriages without knowing what kind of financial baggage their significant other carries, and that can lead to trouble down the road.

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 Posted on March 18,2019 in Divorce

It is often said that half of marriages in the United States end in divorce. In reality, the percentage of divorce is somewhere between 40 and 50 percent, and that rate has steadily decreased in recent decades. There are many factors that can contribute to a couple’s likelihood to get a divorce, such as the length of the relationship, the age of the individuals, and whether or not one of the parties has been married before. According to USA Today, the divorce capital of Ohio is Bedford Heights, with nearly 20 percent of the population being divorced, compared to 13 percent throughout the rest of the state. 

When the time comes for a married couple to decide on separation, this may feel like an overwhelming decision. There are many things to consider when getting a divorce, such as the division of assets and child custody, but couples should first consider how to proceed with the divorce process. In Ohio, there are multiple options for resolving the legal issues that must be addressed during divorce. Depending on the relationship with your ex-spouse, you may find one is better for your situation than another. 

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 Posted on February 15,2019 in Personal Injury

In 2017, there were over 4,000 deaths caused by car accidents involving collisions with semi-trucks throughout the United States. Large commercial trucks weigh significantly more than cars, and they take longer to stop. As a result, the majority of victims who died in truck accidents were the occupants of passenger cars. 

Truck Accident Statistics

According to an analysis of U.S. Department of Transportation data by the Insurance Institute for Highway Safety, deaths caused by truck accidents are at an eight-year high. The early 2000s brought a sharp decrease in deaths of passengers involved in truck accidents, but in 2009, deaths began rising. 

Large commercial trucks are often associated with highways and freeways, but only 32 percent of accidents that caused deaths in 2017 occurred on those types of roads. The majority of tractor-trailer truck accidents take place on major roads not considered freeways or interstate highways. 

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 Posted on February 01,2019 in Estate Planning

Nobody wants to talk about what will happen to themselves or their family after death. It can be a difficult and uncomfortable conversation, but having a plan in place that determines what happens to your affairs when you die is important. The majority of Americans have not created any sort of estate plan, meaning the majority of American families will have an unnecessarily difficult time getting a loved one’s affairs in order after their death. Wills are a basic form of estate planning that everyone -- no matter if you are 25 or 95 -- should have in place should the unthinkable happen.

Here are a few ways that having a will in place can benefit you:

1. You Can Make Sure Your Kids are Being Taken Care of By a Person of Your Choosing

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