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Toledo Personal Injury Lawyers

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Toledo Personal Injury Law Blog

OVI Checkpoints and Your Constitutional Rights

OVI checkpoints are used as a method to deter drunk driving. Law enforcement officers in the State of Ohio have used checkpoints for these purposes since 1989. The United States Supreme Court in Michigan Department of State Police vs. Sitz 496 U.S. 444 (1990) ruled that properly conducted checkpoints were constitutional as long as certain guidelines were followed. The site of the checkpoint must have a history of alcohol related accidents and alcohol related arrests. The checkpoint must be mapped out by the law enforcement authorities in advance of the event and a notice must be given to the public disclosing the date, time and location of the checkpoint one week in advance.

Social Security Announces the 2015 Cost of Living Adjustment

Social Security has recently announced the 2015 Cost of Living Adjustment (COLA) and once again Social Security recipients are going to receive a rate increase of 1.7% starting next year.

Dangerous, Even Deadly, Faulty Airbags

The National Highway Traffic Safety Administration (NATSA) reports safety issues with airbags in several makes and model vehicles including GM, Honda, Toyota, Nissan, BMW & Mazda triggered another significant recall. If yours or a loved ones car has been recalled for faulty airbags during the last few years, you should get to a dealer immediately. Some of the recalls are national, while others are regional.

Are Your Digital Assets A Part of Your Estate Plan?

In discussions about estate planning, most of my clients are prepared to talk about their physical property. What happens to real estate, jewelry, household furnishings, and automobiles is an easy concept to grasp for most of my client. However, as an ever increasing number of Americans are using social media, email and online banking, the need to consider Digital Asset planning in our estate plan also continues to grow.

The Most Common Question: How Long Does it Take to Get Disability?

When first meeting with a client, one of the most frequent questions I get asked is, "How long will it take?"

New Study Finds Tort Reform Has No Effect on Patient Care

A study was recently released by the New England Journal of Medicine finding that tort reform (or the fear of malpractice cases) has no effect on patient care. Read the study.  

Ohio Senate Approves Bill to Cover Post Traumatic Stress Disorder for First Responders

The Ohio workers' compensation act has, for many years, defined the term "injury" to mean "any injury received in the course of and arising out of employment." Despite this broad definition, and the statutory requirement that workers' compensation laws be construed by courts in the manner most favorable to injured workers and their families, Ohio lawmakers and courts have had a long history of resistance to recognizing work-related psychological or psychiatric injury as compensable under the workers' compensation act. Court decisions long ago took the position that "injury" under the workers' compensation act includes on physical injury, even though the statute at the time contained no provision which specifically required such a limitation. Beginning in the mid-1980's, the General Assembly amended the definition of "injury" in the workers' compensation act to specifically exclude psychiatric or psychological conditions, except in cases where such conditions were caused by a work-related physical injury.

Working While Collecting TT/PTD on Workers' Comp

Often times after an individual is hurt on the job they end up off work for a period of time while their injuries heal. When this happens, the injured worker can be entitled to collect temporary total disability compensation to compensate them for the loss of earnings while recovering from the work related injuries sustained. Occasionally, injuries sustained end up being so severe that an injured worker is awarded permanently and totally disabled compensation for their impairment of earning capacity.

Is It Time To Update Your Estate Plan?

It is always a difficult conversation. A close family member has died. Members of the family gather at my office to discuss the will (or lack thereof) and possible estate administration. I inevitably hear of past conversations within the family as to what was supposed to happen. There is a discussion of the law and how it applies to the fact. Many times a potential client will be become upset that I am unable to tell them what they want to hear. Often the cause of problems is the lack of an updated Estate Plan.

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