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  • What is an Assured Clear Distance?

    Scott Smith | October 23, 2006 12:03 PM | 0 CommentsColumbus, OH

    Often car collisions occur when a person operating a motor vehicle crashes into the back of vehicle traveling in the same direction. When the police arrive, a citation is usually written stating the person who struck the vehicle failed to maintain an assured clear distance ahead. What does this mean? Ohio Revised Code Section 4511.21(A), as part of the written laws of Ohio, states "No person...

  • Frequently Asked Questions About Personal Injury, Medical Negligence, Slip and Fall, Animal (Dog) and Property (Premise Liability) Negligence

    Scott Smith | March 31, 2007 4:17 PM | 0 CommentsColumbus, OH

    What has to be shown in order to prove negligence?In order for one to prove that a defendant (at fault party), was negligent (fault) and therefore responsible for damages to you, a plaintiff (person claiming injuries and damages) must show:• the defendant had a duty to use reasonable; • the defendant breached the duty by acting unreasonably;• it was foreseeable that by acting unreasonably,...

  • Cause of Airplane Accident Data

    Scott Smith | August 18, 2007 9:51 AM | 0 CommentsColumbus, OH

    Causes of Each DisasterAir Traffic Control Error6/13/1947 Leesburg, Virginia Pen Central Air11/11/1949 Arlington, Virginia Eastern /U.S. AF4/14/1958 Castel de Fels, Spain Aviaco7/21/1961 Shemya, Alaska Alaska, AL2/8/1965 New York, New York Eastern AL1/14/1970 Mt. Pumacona, Peru Faucett2/6/1970 Samarkand, USSR Aeroflot12/20/1972 Chicago, Illinois Delta/North...

  • General Types of Compensatory Damages in Personal Injury and Medical Malpractice Cases

    Scott Smith | March 24, 2007 4:16 PM | 0 CommentsColumbus, OH

    Loss of IncomeYou are entitled to compensation if your injuries prevent you from working, causing you to lose income. For example, if you are a landscaper who can't work for a week because you sprained an ankle in an accident, you are entitled to compensation for that week of lost wages. You are also entitled to lost wages if you miss work because of treatment.If the injury is serious enough...

  • CNN Uncovers Auto Insurers Unfair Personal Injury and Property Damage Claims Practices and Bad Faith

    Scott Smith | March 01, 2007 12:35 PM | 2 CommentsColumbus, OH

    An article on CNN.com determined "[I]f you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur - - even if the accident was no fault of your own." (CNN.com, Auto Insurers Play Hardball in Minor-Crash Claims by Drew Griffin and Kathleen Johnston, February 9, 2007)CNN conducted an eighteen...

  • Hiring a Personal Injury or Medical Negligence Attorney on Contingency

    Scott Smith | March 14, 2007 2:13 PM | 0 CommentsColumbus, OH

    Abraham Lincoln once said, "A lawyer's time and advice is his stock in trade." In essence, asking an attorney for his advice is no different than asking an accountant to set up a business plan or do your taxes, a doctor to examine you, render a diagnosis and prescribe treatment or hiring an electrician to fix the wiring of your home. Nonetheless, many people are under the impression that...

  • Government Regulation of Nursing Homes

    Scott Smith | June 09, 2007 1:53 PM | 0 CommentsColumbus, OH

    The Center for Medicare & Medicaid (CMS) is the component of the Federal Government's Department of Health and Human Services that oversees the Medicare and Medicaid programs. A large portion of Medicaid and Medicare dollars is used each year to cover nursing home care and services for the elderly and disabled. State governments oversee the licensing of nursing homes. In addition, State have...

  • Factors Affecting Damages Awards in Personal Injury, Medical Malpractice, Animal (Dog) and Premise (slip and fall) Cases

    Scott Smith | April 21, 2007 8:56 AM | 0 CommentsColumbus, OH

    Nature of InjuryIt stands to reason that the most important fact which will affect the amount of damages that you can recover is the nature of the injury sustained. The more serious an injury is, the higher the value of the claim. If you are suffer from a soft tissue injury, such as with whiplash or neck strain, you will not recover ads much as someone who is injured more seriously, involving...

  • Insurance Law Intimidates Emergency Room Doctors from Alcohol and Drug Testing

    Scott Smith | January 18, 2007 11:23 AM | 0 CommentsColumbus, OH

    Because a 1953 Ohio insurance law permits health insurance companies to deny claims for injuries that result from alcohol or drug use, emergency room doctors and nurses don't test patients for fear the costs of the procedure would be denied. Accordingly, many hospitals don't routinely test patients for drug or alcohol use and won't until the law is overturned. Of course, if the ingestion of...

  • Common Carrier (Airplane/Bus) Liability

    Scott Smith | August 04, 2007 9:49 AM | 0 CommentsColumbus, OH

    The Federal government has created regulations regarding the liability to passengers injured while using a common carrier. A common carrier is one who represents to the public that its business is one of transporting persons or cargo from place to place for compensation, and such services are generally open to the public. Generally, commercial buses, ferries, trains, and airplanes are...

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