More than a million brain injuries occur every year, some resulting in permanent disability or death. The costs associated with a serious brain injury can be excessive. These costs range from high hospital bills, lost wages, to emotional anguish and stress. The victims of brain injury and their loved ones can file a personal injury lawsuit to seek financial damages associated with the brain injury. Attorney Thompson is an experienced brain injury attorney and may be able to help you obtain compensation for your case. Contact experienced personal injury attorney H Lee Thompson by calling TOLL FREE 1-800-461-9013 or by filling out this form for a FREE evaluation of your brain injury claim.

BOATING ACCIDENTS

Boating accidents can occur on private boats, watercraft, jet skis, or commercial cruise lines. Boating accident injuries can be due to collisions with other boats, sinking of the boat, disappearance, or slip and fall accidents. These types of boating accidents are typically due to an inexperienced or negligent boat operator, or a boat malfunction. If you have suffered an injury as the result of a boat accident, contact The Thompson Law Firm for legal representation today.

RAILROAD ACCIDENTS

Accidents occur on railroads throughout the United States every day due to faulty tracks and unprotected crossings. Railroad accidents often result in serious trauma, brain injury, and sometimes death. Contact experienced personal injury attorney H Lee Thompson by calling TOLL FREE 1-800-461-9013 or by filling out the form bellow if you or a loved one has been injured in a railroad accident.

CONSTRUCTION ACCIDENTS

Accidents occur at construction sites due to dangerous working conditions and carelessness. While there are safety guidelines in place to prevent injuries, failure to abide by the safety procedures, negligence, or faulty tools or machinery may lead to a serious construction injury. If you or a loved one has been injured in a construction accident, you may have a legal case.

WORKER’S COMPENSATION

If you have been injured in an accident at work, H Lee Thompson and his staff at The Thompson Law Firm will work to provide you with the best possible compensation for your injuries and suffering. We work closely with top-notch workers’ compensation law firms to ensure that you receive the best representation available.

BENZENE

Benzene, a chemical made from coal and oil, is a clear sweet smelling liquid that can cause harm to those exposed to it, especially at high levels or over a long period. While benzene can be harmful in its liquid state by contaminating water sources or coming into direct contact with an individual’s skin, it is known to evaporate quickly and is typically inhaled.

Benzene is used to make products such as plastics, pesticides, detergents, and gasoline. Therefore, the average person is likely to inhale minimal amounts of benzene through tobacco smoke, vehicle exhaust, or by pumping gasoline over time. High-level benzene exposure can also occur in the workplace causing injury. Gas station attendants, industrial plant workers, and other individuals who work with products made with benzene on a daily basis are especially at risk for developing a serious benzene-related illness from consistent exposure or from a chemical spill.

Exposure to a moderate amount of benzene for a minimal length of time can cause headaches, disorientation, shakiness, vomiting, elevated heart rate, or loss of consciousness. More serious health conditions related to benzene exposure, including, leukemia, Hodgkin’s disease, aplastic anemia, mylodysplastic syndrome, and even death.

If you or a loved one has been harmed by exposure to benzene, you may be eligible for compensation. Contact experienced personal injury attorney H Lee Thompson by calling TOLL FREE 1-800-461-9013 or by filling out the form bellow.

LEAD POISONING

Childhood lead poisoning is one of the most common pediatric problems in the United States today. Yet, lead poisoning is entirely preventable. Lead poisoning most often occurs when young children get lead dust on their hands. These children then engage in the normal hand-to-mouth activity and injests the toxin, becoming lead poisoned. Sometimes children become sick from eat lead based paint chips. The most common source of lead poisoning in children is deteriorating lead based paint in older homes.

The developing nervous system of children is far more vulnerable to lead’s toxic effects than the mature brain. Long term studies of children were exposed to lead indicate neuropsychological deficits and changes in IQ persistent to adulthood. Some problems that can develop as a result of lead poisoning are Attention Deficit Disorder (ADD), Attention Deficit Hyper Disorder (ADHD), Autism, and Pervasive Development Disorder (PDD).

Seek immediate medical attention for your child if your child displays lead poisoning symptoms. Then call H Lee Thompson to determine your legal rights to ensure your ability to bring a lawsuit does not become barred by the statute of limitations. Lead poisoning injuries can prevent a child from reaching his or her scholastic, vocational and financial potential, or from becoming a self-sufficient adult. The kinds of long-term injuries lead can cause in children include:

• Learning Disabilities
• Brain Damage (sometimes subtle)
• Loss of IQ points and Intellect
• Academic Failure
• Neuropsychological Deficits
• Attention deficit disorder
• Hyperactive Behavior
• Antisocial (criminal) Behavior
• Neurological Problems
• Encephalopathy (brain swelling)
• Major Organ Failure
• Coma
• Death

Free Case Evaluation

If your loved one has been involved in an auto accident, Columbus, Ohio Attorney H Lee Thompson can help. He is an experienced auto accident attorney that has the resources to protect your legal rights and fight the insurance companies. It is important that you contact an auto accident lawyer as soon as possible after your auto accident to ensure you meet all deadlines for filing your claim.

The Thompson Law Firm is an auto accident law firm that represents families of those killed in motor vehicle accidents across Ohio and the nation. H Lee Thompson also fights for individuals suffering from severe auto accident injuries that include internal injury, brain injury, or whiplash. Contact our office for a free consultation and thorough evaluation after being involved in a car accident. Let us evaluate your legal options and potential recovery after your auto accident.

Compensation for auto accident injuries includes medical expenses, property damage, pain and suffering, loss of wages, permanent disability, and other expenses. Car accident attorney H Lee Thompson will work hard to achieve the best possible results for your auto injury case. TOLL FREE 1-800-461-9013. If you were injured outside Ohio, we will be happy to direct you to an experienced personal injury or wrongful death attorney who will help you.

UNDERSTANDING YOUR RIGHTS

If you or a loved one has been injured or killed in an auto accident, it is important to be aware of your legal rights. Review the following tips from our car accident attorney.

Following these guidelines provides the best chance of building a strong case.

• · 1 · Keep record of all documents and information related to the auto accident. This includes getting a copy of the police report, obtaining the contact information of any witnesses, taking photos of the scene, motor vehicles involved in the crash, and an injury list. It is also important to keep copies of any bills associated with the car accident.
• · 2 · You do not have to say or sign anything. You have a right to consult with a car accident attorney before you give an interview or record a statement. It is important to know that anything you say can be held against you. If you are at fault or were charged with a traffic or criminal offense as a result of the car accident, you should speak with an auto accident attorney as soon as possible. A car accident attorney can advise you of the proper steps to take following an auto accident, and can help you deal with your insurance company. If you have insurance, you typically are required to cooperate with the insurance company and provide a statement.
• · 3 · The insurance companies may not have your best interests in mind. Your insurance company and the other person’s insurance company interests may not coincide with your own. An experienced car accident attorney will know how to best deal with the insurance companies to ensure you obtain just compensation.
• · 4 · There are time limits within which you must file an insurance claim. Ask your insurance company what time limits apply to your claim or contact The Thompson Law Firm for legal guidance after your auto accident.
• · 5 · Get all offers in writing. You should request that settlements or any other offers be put in writing so you have record of them. The document should include an explanation of the types of damages for which you are entitled.
• · 6 · Legal assistance may benefit your case. You have a right to speak with an auto accident lawyer for advice before you speak with authorities or sign any documents. Be aware that if you sign a release, you may give up your right to file a legal claim and have to pay all costs associated with the car accident yourself. A car accident lawyer will also be more experienced in dealing with insurance companies and can help you obtain the compensation you deserve.
• · 7 · Find a qualified auto accident attorney. If you are seeking the guidance of an experienced car accident attorney, ask your friends, neighbors, relatives, or coworkers if they know of a good attorney. H Lee Thompson is always available TOLL FREE 1-800-461-9013.
• · 8 · Check your car accident lawyer’s credentials. Do a background check of your auto accident attorney’s education, training, experience, and record in litigating car accident cases.
• · 9 · Attorney fees. Before you hire an auto accident attorney, be sure to discuss the lawyer’s fees and what costs are include. Your agreement should include:
  • How and when attorney fees will be paid.
  • How costs associated with the case (i.e. expert witnesses) will be paid.
  • Who will handle the case, and if the case goes to court, who will be the trial attorney.

The information provided above does not constitute an exhaustive list of your legal rights. It is a preliminary checklist of issues you should take into account when preparing for your auto accident injury case.

If you or a loved one has been involved in a car accident, you may need an experienced auto accident attorney on your side to help you obtain compensation. Car accidents can cause serious or permanent injuries like brain damage, which require extensive medical care. If you or a loved one has suffered a serious injury as a result of a car accident, contact our office for a free consultation with attorney H Lee Thompson, an experienced auto accident attorney with over 30 years of experience.

Medical malpractice includes negligent physician actions that result in a patient’s injury or death. Medical malpractice also includes physicians’ actions that do not rise the profession’s standard level of care, delaying a patient’s recovery or worsening her condition. If you or a loved one has suffered a serious or permanent injury at the hands of a negligent health care provider engaged in medical malpractice, contact medical malpractice attorney H Lee Thompson for a free consultation. Attorney H Lee Thompson has extensive experience litigating cases involving surgical errors and other medical malpractice. Medical malpractice attorney H Lee Thompson will fight to protect your rights.

PATIENT’S RIGHTS

Please read the following information regarding your rights as a patient to avoid medical malpractice:

• You have a right to thorough, competent medical care, and the right to prompt recognition and treatment of any complications that may occur.
• You have a right to receive “informed consent” to medical procedures.
• You have the right to have a consulting doctor called in where there are any questions in the mind of the attending doctor (or patient) of the diagnosis or course of treatment.
• You have the right of free access to their medical records, except in the unusual cases of psychiatric disorders.
• You have the right to solicit honest, unbiased doctors in medical malpractice cases.
• You have a right to be represented by competent medical malpractice counsel and to have a medical negligence lawsuit tried in a speedy fashion.

For more information about medical negligence, call medical malpractice lawyer H Lee Thompson TOLL FREE 1-800-461-9013 or by filling out this form. Firm and the legal staff will be happy to answer your questions and review your medical malpractice case.

INFORMED CONSENT – THE PATIENT’S RIGHT TO KNOW

A physician may be subject to a medical malpractice lawsuit if he does not obtain informed consent before performing a medical procedure. If you have not been given information necessary to give informed consent before your doctor performs a medical or surgical procedures, you may have legal rights. Jury award studies indicate patients who did not get informed consent are routinely victims of substandard medical care and medical malpractice. You have the right to be informed about the risks, complications, expected results, and alternatives to a medical therapy or procedure performed on you. Make certain you know all the facts before you sign an informed consent agreement for surgery, and contact medical malpractice attorney H Lee Thompson if you did not give consent. You have rights!

MEDIAL NEGLIGENCE – ERRORS AND CARELESSNESS IN HEALTH CARE

The following can be medical malpractice examples:

• Complications from surgery, hospital, or other medical care which were not explained in detail before treatment.
• Infections stemming from surgery.
• Drug treatment that caused either short or long term difficulties.
• Needless surgery, whether or not there are complications or surgical errors.
• Paying for services of an established private physician and having the surgery performed by an inexperienced resident or intern.
• Infection caused by contaminated (unsterile) intravenous therapy equipment or urinary catheters.
• Stomach surgery leading to diarrhea, sweating, weight loss, and/or vomiting.
• Gallbladder surgery resulting in yellow jaundice.

SURGICAL ERRORS

Doctors, nurses, or other hospital staff can all be guilty of surgical errors. These surgical errors can result in serious injuries and death. Victims of surgical errors have a right to file a lawsuit against the responsible party and hold them accountable for damages. Damages in surgical errors cases include compensation for medical expenses, lost wages and mental anguish associated with the injury. Here are a few examples of surgical errors:

• Surgery on the wrong part of the body
• Wrong surgical procedure
• Injury from surgery
• Surgical instruments left in the body

For more information about medical negligence, contact surgical error attorney H Lee Thompson at The Thompson Law Firm. Attorney H Lee Thompson is happy to answer your questions and review your medical malpractice case. Call him TOLL FREE 1-800-461-9013, or fill out the form bellow.

If you or a loved one has suffered a serious or permanent injury at the hands of a negligent health care provider engaged in medical malpractice, contact medical malpractice attorney H Lee Thompson for a free consultation. Attorney H Lee Thompson has extensive experience litigating cases involving surgical errors and other medical malpractice. Medical malpractice attorney H Lee Thompson will fight to protect your rights.

PATIENT’S RIGHTS

Birth injury attorney H Lee Thompson is experienced in various types of birth injury litigation. From 1995 to 1997, he served as an executive board member of the Birth Trauma Litigation counsel of the Association of Trial Lawyers of America’s Medical Negligence Litigation Group. In 2000, H Lee Thompson acted as chairman of the Professional Negligence Section of the Association of Trial Lawyers of America. Attorney Thompson has also lectured and presented for the Association of Trial Lawyers of America.
Attorney H Lee Thompson is affiliated with the American College of Legal Medicine, the Medical Negligence Exchange Group, the Ohio Association of Trial Lawyers Board of Trustees, the Ohio Bar Association, the American Bar Association, the National Bar Association, the American Board of Forensic Examiners, American Association for Justice, the American Trial Lawyers Association, the National Association of Consumer Advocates, and is a lifetime member of the Million Dollar Advocates Forum
Birth injury attorney H Lee Thompson has extensive experience assisting clients whose loved one suffered a birth injury and can offer legal guidance you can trust.

The following are examples of birth injuries:

• BIRTH INJURY AND OBSTETRICAL NEGLIGENCE

  • If your child has suffered a birth injury, our firm can help. We will perform a thorough investigation to determine whether the injury is a result of medical negligence. While proving medical negligence can be a difficult task, Attorney H Lee Thompson and his team of legal professionals at The Thompson Law Firm have the necessary resources and experience to obtain the best possible results for your case.
    Birth injury cases are often complex, as are Ohio state laws governing this type of litigation. If your child suffers from a birth condition caused by medical negligence, you need an attorney on your side. Attorney H Lee Thompson is familiar with birth injury law and understands the complexities of various birth injuries, as well as the strain such injuries place on families.
    It is important to realize, however, that while birth injuries may be attributed to medical negligence, they may also be the result of complications that occur during pregnancy or delivery. For this reason, it is important for a birth injury lawyer to investigate your claim carefully to determine the cause of a birth injury.
    There are several types of birth injuries, discussed in detail below. Quite possibly the most serious of these injuries are those that affect the brain and result in irreversible brain damage, such as cerebral palsy or Erb’s palsy. Both of these injuries are caused at the time of birth or soon thereafter and usually result from medical negligence.
    If you have a child who has suffered from a birth injury such as Erb’s palsy or cerebral palsy, you need an attorney like H Lee Thompson on your side. He has the skills to provide unsurpassed legal representation for your birth injury case.

• CEREBRAL PALSY

  • Cerebral palsy (CP) is a condition caused by damage to the brain during pregnancy, labor, or the period shortly following birth. Cerebral palsy results in movement and posture difficulties. Cerebral palsy is not a disease that gets worse as time goes on or a sickness that can spread to others. If your loved one is a victim of cerebral palsy, contact The Thompson Law Firm today, and H Lee Thompson can advise you of your legal options and may be able to help you gain compensation for medical bills and other costs associated with cerebral palsy.

    When an individual suffers from cerebral palsy, they are unable to completely control motor function. The severity of the condition is contingent upon which the injured part of the brain.

    The following disorders associated with cerebral palsy can occur:

    • Spasms and seizures
    • Involuntary movement
    • Increased or decreased muscle tone
    • Disturbance in gait and mobility
    • Impairment of sight, hearing, and speech
    • Mental retardation
    • Abnormal sensation and perception

    THE SYMPTOMS OF CEREBRAL PALSY

    Signs of cerebral palsy vary from person to person. Cerebral palsy symptoms appear early in life. They may not be obvious at first. Eventually, a parent or healthcare provider may notice signs such as:

    • Extreme muscle stiffness
    • Very relaxed muscles
    • Difficulty feeding, sucking, or swallowing
    • Difficulty moving arms and legs
    • Delay in reaching milestones such as sitting up or crawling
    • Difficulty speaking

    Other conditions often appear with cerebral palsy, such as:

    • Seizures
    • Communication problems
    • Hearing loss
    • Mental retardation
    • Vision loss
    • Joint problems or “contracture” (shortening of muscles and other tissues)
    • Respiratory problems
    • Dental problems
    • Vision loss

    CAUSES OF CEREBRAL PALSY

    There are several possible causes for cerebral palsy that include defective development, premature birth, a blood type incompatibility between parents, a viral disease, injury, trauma, or a lack of oxygen to the brain. Most causes of cerebral palsy are related to the childbearing process and, since the condition is not inherited, it is often called congenital cerebral palsy. These cerebral palsy cases are often complex because it must be proven that medical malpractice was ultimately the cause of the condition. A less common type is acquired cerebral palsy, typically caused by a head injury and usually the result of motor vehicle collisions, falls, or child abuse.

    If your child was unable to get enough oxygen during delivery or soon after birth as a result of medical negligence, contact birth injury expert at The Thompson Law Firm today. Attorney H Lee Thompson has extensive experience in birth injury law and he understands the complexities of cerebral palsy and other birth injury cases. He and his professional legal team have the resources and skills necessary to gather any information and medical reports that may help prove your case.

    ARE THERE DIFFERENT TYPES OF CEREBRAL PALSY?

    There are three main types of cerebral palsy: spastic (characterized by stiff and difficult movement), athetoid (characterized by involuntary and uncontrolled movement), and ataxic (characterized by a disturbed sense of balance and depth perception). A child with spastic cerebral palsy cannot relax his or her muscles, and/or the muscles will be stiff. There may be a mixture of these types in an individual. The most common type of cerebral palsy is spastic, although the other types do occur infrequently.

    HOW MANY PEOPLE HAVE CEREBRAL PALSY?

    It is estimated that some 500,000 to 700,000 children and adults in the United States manifest one or more symptoms of cerebral palsy. With the current low birth rate in the United States and a real reduction in the occurrence of congenital cerebral palsy, there are fewer children being born with this condition. Thus, it is roughly estimated that currently about 3,000 infants are born with the condition each year and some 500 pre-school age children acquire cerebral palsy annually.

    CAN CEREBRAL PALSY BE PREVENTED?

    Yes, measures of prevention are becoming increasingly possible today. Pregnant women are tested routinely for the Rh factor, and, if Rh negative, they can be immunized within 72 hours after the pregnancy terminates and prevent adverse consequences of blood incompatibility in a subsequent pregnancy. If the woman has not been immunized, the consequences of blood incompatibility in the newborn can be prevented by exchange transfusion in the baby. If a newborn baby has jaundice, this can be treated effectively by phototherapy in the hospital nursery. The increased use of neonatal intensive care units, particularly for high risk infants, has helped to decrease the occurrence of cerebral palsy. Other preventative programs are directed toward reducing exposure of pregnant women to viral and other infections, unnecessary exposure to X-rays, drugs and medications, and the control of diabetes, anemia and other nutritional deficiencies. Of great importance is optimal well-being prior to conception, adequate prenatal care, and protecting children from accidents or injury.

    WHO BEARS THE COST?

    United Cerebral Palsy raises and spends more than $300,000,000 annually in program services, community services, professional education and training, public health education, research, medical education grants, and supporting services. The total estimated annual cost of care for those with cerebral palsy far exceeds that figure through local, state, and federal government expenditures, as well as assistance provided by non-profit organizations under United Cerebral Palsy. By reducing the incidence of cerebral palsy and continuing to mainstream individuals with the disorder into productive jobs that enable them to be independent, we can decrease the amount of funding needed, thereby lessening the impact cerebral palsy has on the U.S. economy.

    CAN CEREBRAL PALSY BE TREATED?

    “Management” is a better word than “treatment.” Management consists of helping the child achieve maximum potential in growth and development. This should be started as early as possible, with identification of the very young child who may have developmental disorders. A management program can then be started promptly, to include attention to the child’s movement, learning, speech, hearing, social, and emotional development. Such programs utilize physicians, therapists, educators, nurses, social workers, and other professionals to assist the family, as well as the child. Certain medications, surgery, and braces are sometimes used to improve nerve and muscle coordination or to prevent and correct deformity.
    As the child grows, he or she may require support services, such as attendant care, continuing therapy, special education, vocational training, living accommodations, counseling, transportation, recreation/leisure programs, and employment opportunities, all essential to the developing adult. Most of all, people with cerebral palsy need the opportunity to live normally in our society.

    Specialized equipment can help a person with cerebral palsy develop to his or her fullest. For example, this “assistive technology” can improve:

    • Communication - a person with cerebral palsy may benefit from:
    • Picture boards that let the person communicate by pointing at illustrations or symbols
    • Speech synthesizers that change text into an electronic voice
    • Word processors to help develop writing skills
    • Learning - among the many learning aids available to people with cerebral palsy are:
    • Special computers for those who can’t use keyboards
    • Tape recorders for note-taking
    • Calculators for developing math skills
    • Mobility - a person with cerebral palsy may need help moving around efficiently, using:
    • Power or manual wheelchairs
    • Walkers and crutches
    • Ramps
    • Lifts

    If your child suffers from cerebral palsy due to medical negligence that resulted in brain damage, contact the brain injury experts at The Thompson Law Firm for a free consultation so that we can take immediate action and investigate your claim.

    ERB’S PALSY

    Brachial plexus palsy (BPP) is also known as Erb’s palsy or brachial plexus injury (BPI). The brachial plexus is a group of nerves that control the fingers, hand, wrist, elbow, arm, and shoulder. Stretching, tearing, or other trauma can cause this type of injury, resulting in full to partial paralysis of one or both arms.
    If your newborn’s arm is notably weak or completely paralyzed, your child may have Erb’s palsy. The cause of this injury is usually the stretching of one or both sides of the neck during a difficult delivery. Nerves that are stretched result in more minor brachial plexus injuries, but if the muscles are torn or pulled out of its socket, injuries may be more serious and surgery may be required to restore function of the muscles.

    Erb’s palsy can occur during the birthing process if the infant was pulled or contorted by medical staff during delivery. However, it can also be caused by a range of accidents. If your loved one has suffered a brachial plexus injury, contact The Thompson Law Firm today. Attorney H Lee Thompson has experience litigating Erb’s palsy cases and may be able to help you seek compensation.

    Risk factors for Erb’s palsy (without occurrence of shoulder dystocia)

    • Uterine tumors
    • Tumors in the neck of the baby
    • Viral disease
    • Other abnormalities
    • Breech fetal position at time of birth

    THE FIRST WEEKS OF LIFE

    During the first few weeks of life, handle your baby’s neck and arm carefully. Be aware of the positioning of your baby’s arm, especially when you lift or carry him or her. Family, friends, and caretakers will need to be taught that pulling or lifting by the arm can cause further injury and pain.

    DOCTORS AND THERAPISTS

    One of the first steps you may wish to consider is to make an appointment with a pediatric neurologist experienced in brachial plexus injuries to define the nature of your child’s injuries and whether there are any further complications. Schedule an appointment with a physical or occupational therapist to learn how to do range of motion (ROM) exercises with each diaper change to keep your child’s joints from becoming stiff. A regular schedule of therapy will also begin at this time. It is best to select a therapist who has thorough knowledge of brachial plexus injuries and is experience in making splints.

    There are a number of specialists who treat the victims of brachial plexus injuries and Erb’s palsy. It is important to research and choose your doctor based on their experience and credentials because it is the doctor’s evaluation of your child’s movements that will determine the severity of their injury. Attorney H Lee Thompson, can advise you of your legal options no matter how severe the injuries. Contact The Thompson Law Firm today for a free evaluation of your Erb’s palsy case.

    TIMEFRAME FOR RECOVERY

    The timeframe for surgical repair is a very important factor for recovery. Within 12 to 18 months of the injury, the muscles that have not already been innervated will have atrophied to the point where innervation is no longer possible.

    It is important to contact a pediatric brachial plexus or Erb’s palsy specialist as early as possible so that appointments can be scheduled. Wait lists are common at larger clinics.
    The neurosurgical techniques most often used to repair a severe injury are exploration of the brachial plexus nerves; testing the nerves to see if the brain is receiving messages from them (EMG); removal of the scar tissue that has formed around the nerve (neuroma); and, if necessary, nerve grafting. This first surgery called “primary surgery” is done between the ages of six weeks and 12 months depending on the protocol of the clinic you choose and the severity of the injury.

    The timeframe for filing a lawsuit in Ohio for Erb’s palsy cases is typically two years. A lawyer can advise you whether your Erb’s palsy case is still valid.

    HANDLING MEDICAL COSTS

    Contact your health insurance company to see if they have a program for children with special needs. Your state may have programs that will give your child access to free or low cost in-home therapies. In some states, it is called Early Intervention (EI) and covers children from birth to three years of age. Medicaid programs may give you an option for free or low cost secondary insurance.

    Your health insurance may cover travel to out-of-state clinics. If not, free or discounted medical airfare is available from many airlines.

    EMOTIONAL SUPPORT

    Emotions will be strong during the first few years of your child’s life. The best support can come from a counselor who is experienced at the issues of having a special needs child and from other families who have had similar experiences. A local support group can be very helpful for the entire family. Also, there are some very good Erb’s palsy websites to visit to gain information and support. Anger, sadness, and grief are normal and important emotions.

    If your child suffers from Erb’s palsy due to medical negligence, contact The Thompson Law Firm today for a free consultation. You need a brain injury attorney, like H Lee Thompson, on your side to protect the rights of you and your child and to help you obtain the compensation you deserve.

    Possible Delivery Emergencies During Pregnancy

    LATE DECELERATIONS AND BRADYCARDIA

    Abnormally low fetal heart rate (FHR) tracing in labor can signal problems with the fetus prior to delivery. Late decelerations are defined as a prolonged slowing of the FHR after a uterine contraction. Fetal bradycardia is defined as a prolonged slowing of the FHR not necessarily associated with uterine contractions. Fetal bradycardia episodes are sometimes referred to as FHR decelerations. Often, the FHR is closely monitored for abnormalities. Although there are some types of FHR decelerations that are normal during labor, there are some that alert fetal stress and require further investigation. Sometimes the FHR will slow down and remain down and not return to its usual level. This is a threatening condition that demands immediate delivery by Caesarean section. Parents should schedule a consultation with an experienced birth injury lawyer to review medical records whenever a baby suffers permanent brain injury as a result of late decelerations or bradycardia during labor.

• PREMATURITY

  • Prematurity is defined as the birth of an infant prior to the baby reaching the 37th week of gestation. One out of eight babies in the United States is born prematurely. Premature birth is the leading cause of newborn death. The following conditions in expectant mothers carry an increased risk of premature delivery and require careful monitoring during pregnancy:

    • Expectant mothers who previously gave premature birth.
    • Expectant mothers who are expecting twins or more.
    • Expectant mothers who are experiencing pre-term labor in current pregnancy.
    • Expectant mothers who previously had a pregnancy loss in the second trimester, between 13 and 23 weeks.
    • Expectant mothers with an abnormality of the uterus; e.g., a heart-shaped uterus.
    • Expectant mothers with an abnormality of the cervix; women at risk include those who have received a diagnosis of incompetent cervix, who have a history of surgery to their cervix, or who have a cervix that is found to be short when examined.
    • Expectant mothers who were exposed to the drug DEG when their mothers were pregnant with them.
    • Infants born with a low birth weight may require months of care in a neonatal intensive care unit. They may also be severely handicapped. Parents should consult an experienced birth injury attorney to review medical records if they believe that the premature birth was preventable.

    Contact birth injury attorney H Lee Thompson at The Thompson Law Firm today if you suspect your child suffered injuries as a result of negligence.

• EMERGENCY CAESARIAN SECTION

  • A caesarian section is a procedure that involves surgical delivery of the baby through the abdomen. An estimated one out of every five births in the United States is performed via caesarian section. An emergency Caesarean would be performed if minutes remained before the threat of loss of life or damage became imminent. Events that can result in an emergency caesarian section include fetal distress, placenta previa, cephalopelvic disproportion (the baby is too large for the birth canal), failure to progress, genital herpes, multiple gestation, placental abruption, breech baby, excessive scarring from previous surgeries, placental insufficiency, and active preeclampsia. Most women are required to stay in the hospital for about four days after an emergency caesarian section. The birth rate of mothers who undergo a caesarian section is about three times higher than the death rate associated with a natural delivery. Parents should schedule a consultation with an experienced birth injury lawyer to review medical records whenever a baby and/or mother suffers a permanent injury as a result of emergency C-section delivery.

• RUPTURED UTERUS

  • Uterine rupture usually does not occur during the initial pregnancy. However, when a vaginal birth is planned after a caesarean section, it increases the likelihood of the uterus being ruptured. Uterine rupture is a tearing of the uterine tissue, which can cause fetal bradycardia and maternal hemorrhage. Usually, an emergency C-section is required.

• FAILURE TO PROGRESS AND DYSTOCIA

  • Failure to progress is defined as the fetal head being halted during the progression through the birth canal. Dystocia is defined as a difficult, slow progression of delivery. Dystocia is derived from the Greek words dys meaning difficult, painful, and abnormal, and tokos, meaning birth. The following are potential conditions that may cause slow progression of delivery or parturition:

    • Uterine contractions may not be strong or coordinated enough to expand the cervix and during the second stage of labor, voluntary muscles may push inadequately
    • The fetus may be lined up improperly to allow passage through the birth canal in addition to other complications with the fetus that can delay passage
    • The maternal bony pelvis may be too narrow to allow the baby to progress through the birth canal
    • The birth canal may have abnormalities that can obstruct fetal descent

    If this condition lingers, the mother and baby can be in danger. The obstetrician may recommend delivery by C-section, forceps, emergency vacuum extraction, or other means.

• EMERGENCY FORCEPS DELIVERY

  • Obstetric forceps are surgical instruments designed to grasp the fetal head to assist the birth of a child. Emergency forceps delivery is considered to be an operative delivery, due to the fact that surgical instruments are used. Obstetric forceps usage is declining, because obstetricians do not receive lengthy forceps delivery training during their residencies. Parents should schedule a consultation with an experienced birth injury lawyer to review the medical records whenever a baby suffers a permanent injury as a result of forceps delivery.

• EMERGENCY VACUUM EXTRACTION

  • Emergency vacuum extraction is defined as the removal of the fetus from the uterus or vagina at or near the end of pregnancy with a metal traction cup that is attached to the fetus’s head. Negative pressure is applied and traction is made on a chain passed through the suction tube. This is considered to be an operative delivery. Improper usage of the vacuum extractor can result in injury to the infant, causing intracranial hemorrhage. Parents should schedule a consultation with an experienced birth injury lawyer to review medical records whenever a baby suffers permanent injury as a result of emergency vacuum extraction.

• ECLAMPSIA

  • Eclampsia is defined as convulsions, seizures, and coma occurring in a pregnant or puerperal woman, associated with preeclampsia; i.e., with hypertension, edema, and/or proteinuria. There is no way of detecting which women with preeclampsia will suffer eclampsia. There are currently no preventative measures, although it is important for expectant mothers to have early and continuing prenatal care. Women who have suffered permanent mental or physical injury from eclampsia should schedule a consultation with an experienced birth injury attorney to review her medical records.

• SHOULDER DYSTOCIA

  • Shoulder dystocia occurs during birth when the shoulder of the fetus becomes trapped behind the top of the maternal pelvis (symphysis pubis), thus preventing delivery of the infant. It is defined by most obstetricians as any birth in which gentle downward traction of the fetal head fails to accomplish delivery. This condition cannot always be prevented and usually goes unnoticed until after the infant head has been delivered. When this condition occurs, the obstetrician must take immediate action. Obstetricians should be knowledgeable as to how to handle this emergency condition.

    Although shoulder dystocia cannot always be prevented, the following are conditions that can cause the condition:

    • Lengthy second stage of labor
    • History of shoulders dystocia
    • Large prior birth infant
    • Large baby in current pregnancy over 8 lb 14 oz
    • Short maternal stature
    • Maternal weight gain (above 35 lb)
    • Baby overdue (40 weeks)
    • Maternal obesity
    • Gestational diabetes
    • Maternal diabetes
    • Short first stage of labor
    • Contracted/flat maternal pelvis

    Recognizing the conditions is the initial step in becoming knowledgeable about how to handle shoulder dystocia. After shoulder dystocia has been diagnosed, there are procedures that the obstetrician should perform:

    • Obstetrician should immediately request help because the shoulder dystocia may not be easy to take care of
    • Application of suprapubic pressure can sometimes bring the anterior shoulder into and through the pelvis
    • Intentional fracturing of the clavicle to reduce the diameter of the shoulders
    • Pushing the fetal head back up into the uterus by using the Cephalic replacement or Zavanelli maneuver
    • Delivery of the posterior arm
    • Utilizing the Woods (or corkscrew) maneuver, which involves pushing the posterior shoulder through a 180-degree clockwise and/or counterclockwise arc
    • Utilizing the McRobert’s maneuver which is the hyperflexion of the mother’s thighs onto her abdomen

    Fractures of the clavicle or humorous, brachial plexus or other nerve injuries, asphyxia, and death are some of the fetal complications associated with shoulder dystocia. If your infant suffers a permanent injury related to shoulder dystocia, contact The Thompson Law Firm today for a free consultation and review of medical records.

• PLACENTAL ABRUPTION

  • Placental abruption is a third trimester complication that results from the hemorrhage and accumulation of blood between the placenta and the wall of the uterus. This inevitably interferes with fetal oxygenation and often necessitates emergency C-section. It is also known as abruptio placenta, which is the premature separation of the placenta from the wall of the uterus. Placental abruption can be life threatening for both the expectant mother and infant if the bleeding is severe and necessary medical attention is delayed. With expedient and proper medical care, both the expectant mother and infant can fully recover. Women and infants who have suffered permanent injury as a result of placental abruption should schedule a consultation with an experienced birth injury lawyer to review their medical records.

• PLACENTAL INSUFFICIENCY

  • Placental insufficiency is defined as failure of the placenta to deliver an adequate supply of nutrients and oxygen to the fetus and remove toxic wastes. The earlier the condition occurs in the pregnancy, the more severe it will become during the course of the pregnancy, possibly leading to intrauterine growth restriction. Pregnancy ultrasounds can be utilized to monitor the growth of the fetus and placenta. It is imperative that this condition is diagnosed early in the pregnancy, to prevent serious long-term side effects and decrease the risk for neurological and intellectual impairments such as cerebral palsy and seizures. Parents should schedule a consultation with an experienced birth injury lawyer whenever an infant suffers a permanent brain injury from placental insufficiency.

• POSTMATURITY

  • Postmaturity is gestation extending 43 weeks or longer, which is considered high risk and is sometimes associated with fetal dysmaturity. The normal length of pregnancy is 37 to 41 weeks. Usually obstetricians induce labor or perform a caesarean section. This condition creates a high risk for placental insufficiency and fetal wasting.

    The following conditions are a concern:

    • If the baby is large, problems can occur
    • Meconium aspiration - when an infant breathes in fluid containing the first stool
    • Increased risks during labor and birth for a fetus with poor oxygen supply
    • Amniotic fluid volume may decrease; the fetus may stop gaining weight and could actually lose weight
    • Infant can become hypoglycemic due to having few glucose-producing stores
    • Overgrowth of nails
    • Dry, peeling skin
    • Abundance of scalp hair
    • Visible creases on palms and soles of feet
    • Minimal fat deposits
    • Green, brown, and yellow coloring of the skin from meconium staining

    Parents should schedule a consultation with our experienced Ohio birth injury lawyer whenever an infant suffers an injury related to postmaturity.

• AMNIOTIC FLUID EMERGENCY

  • Amniotic fluid is the fluid that surrounds the developing fetus within the amniotic sac. This environment cushions the baby from injury and plays an important role in fetal development. If the amniotic fluid and the membranes of the placenta become infected, it is known as chorioamnionitis. If the chorioamnionitis becomes severe, an emergency delivery is required. The condition of having an extremely low amount of amniotic fluid is called oligohdramnios, which is a strong indication that the infant’s life is in jeopardy. This condition is closely associated with umbilical cord compression in the fetus and requires emergency delivery.

• AMNIOTIC FLUID EMBOLISM

  • Placental insufficiency is defined as failure of the placenta to deliver an adequate supply of nutrients and oxygen to the fetus and remove toxic wastes. The earlier the condition occurs in the pregnancy, the more severe it will become during the course of the pregnancy, possibly leading to intrauterine growth restriction. Pregnancy ultrasounds can be utilized to monitor the growth of the fetus and placenta. It is imperative that this condition is diagnosed early in the pregnancy, to prevent serious long-term side effects and decrease the risk for neurological and intellectual impairments such as cerebral palsy and seizures. Parents should schedule a consultation with an experienced birth injury lawyer whenever an infant suffers a permanent brain injury from placental insufficiency.

• CORD ACCIDENT

  • The fetus is connected to the placenta by the umbilical cord. On rare occasions, the cord can become entangled, twisted, or knotted, or perhaps even drop into the birth canal when membranes are ruptured, thus creating the need for an emergency delivery. When the umbilical cord becomes entangled, it can squeeze the blood vessels inside the cord, causing stoppage of the blood flow and creating a fatal condition for the fetus if left untreated. Cord accidents are the least common cause for emergency deliveries, but can result in a serious birth injury.

• PREECLAMPSIA AND HELLP SYNDROME

  • Preeclampsia is a condition that occurs in up to 5 percent of pregnancies. It is a condition that consists of edema (swelling), hypertension, and albuminuria. The cause of preeclampsia is unknown and there is no known treatment. Preeclampsia is a known cause for premature delivery and intrauterine growth restriction (IUGR). The progression of this condition can be slowed with bed rest, magnesium sulfate, and other treatments. Sometimes the condition lingers after delivery and can cause kidney failure, seizures, and other serious conditions in the mother.

    Hemolysis-elevated liver enzymes - low platelet count (HELLP) syndrome is often misdiagnosed initially. Early diagnosis is necessary due to morbidity and mortality rates reported to be as high as 25 percent. It is a preeclamptic or eclamptic disorder with the findings shown in the clinical description from which the acronym is created. Severe hypertension may be present. Some women require blood transfusions. Women who have reached term should be delivered. However, women who have not reached full term should be closely monitored. HELLP syndrome has been known to be associated with poor maternal and fetal outcome in the third trimester, so the obstetrician must act promptly. The D-dimer test has been known to be helpful for the early identification of women with preeclampsia, which could lead to severe HELLP syndrome. Contact the birth injury attorney H Lee Thompson at The Thompson Law Firm today for more information.

• PLACENTAL PREVIA

  • Placenta previa is defined as the anatomic positioning of the placenta over the cervical opening to the birth canal. This condition has been known to occur in about one in 200 pregnancies. This is an important cause of painless third trimester bleeding in the pregnant female. Other effects include premature contractions, abnormal lie (breech, transverse), or the uterus measuring larger than what is normally expected given the projected delivery date. Many cases of placenta previa will require C-section delivery.

    Infant risks:

    • Increased incidence of congenital anomalies
    • Acute blood loss
    • Intrauterine growth retardation due to poor placental perfusion

    Mother risks:

    • Increased risk of placenta accrete
    • Caesarean delivery
    • Hemorrhage (life threatening)
    • Increased risk of postpartum hemorrhage

Individuals that have been injured by a defective medication need experienced attorneys on their side. Contact our office today for qualified legal guidance.

DRUG AND MEDICAL DEVICE LITIGATION

Our firm has represented clients in class action suits against the manufacturers of such injury-causing drugs as Rezulin®, Propulsid®, and Fen-Phen. Today, drug manufacturers Pfizer, Inc. and Merck & Company may be held liable for marketing potentially dangerous products. Attorney H. Lee Thompson is currently accepting new clients from across the nation who have sustained permanent injuries as a result of using these dangerous drugs. Contact our office today for a free consultation.

Trasylol®

On September 21, 2006 an FDA advisory committee, after reviewing extensive data at a public meeting, concluded that Trayslol was still acceptably safe and effective for certain patients.

Bayer AG, the pharmaceutical manufacturer, has marketed this drug injection since 1993. Some days after the advisory meeting a whistleblower, possibly an outside medical researcher, reportedly called the FDA. Bayer had been forced to make a full disclosure. Results of a study by Bayer not disclosed to the committee showed that Trayslol/Aprotinin may increase the chance for death, serious kidney disease, congestive heart failure, and strokes in heart surgery patients.

Trasylol/Aprotinin has been used in heart surgery to reduce blood loss and the need for transfusion since 1993. Two studies published this year again found that Trasylol increased the risk of kidney failure, heart attack, and stroke. The Ischemia Research and Education Foundation published its research in the New England Journal of Medicine in 2008. The results were that following hear surgery a patient had an increased risk of kidney failure by more than 2 ½ times (250%). CBS’ 60 Minutes provided a special investigation on February 17, 2008, of a report of a patient and family that have sued Bayer Corporation because the patient died.

If you or someone you know underwent open heart surgery and had kidney problems (with or without dialysis) soon afterward, usually during the hospitalization resulting from the heart surgery, please contact The Thompson Law Firm today for a free consultation.

Gadolinium

Gadolinium based contrast agents are often used to enhance the quality of MRI’s. However, recent investigations have discovered a link between the use of gadolinium based contrast agents and the development of a rare, debilitating disease called Nephrogenic Systemic Fibrosis (NSF) or Nephrogenic Fibrosing Dermopathy (NFD). NSF involves the fibrosis or stiffening and swelling of the skin, joints, internal organs, and other body parts. The disease can also cause discolored, irritated patches of skin. There is no known cure for this potentially fatal disease. The development of NSF/NSD is especially common among patients who have suffered previous kidney problems.

There are currently five gadolinium based contrast agents on the market. They are Magnevist (gadopentetate dimeglumine), Omniscan (gadodiamide), OptiMARK (gadoversetamide), MultiHance (gadobenate dimeglumine), and Prohance (gadoteridol). If you or someone you know has developed Nephrogenic Systemic Fibrosis or Nephrogenic Fibrosing Dermopathy as a result of being exposed to any of these products, contact The Thompson Law Firm today for a free consultation.

If you or a loved one has suffered an injury due to nursing home abuse or negligence, contact nursing home abuse attorney H Lee Thompson at The Thompson Law Firm. Attorney H Lee Thompson has experience handling nursing home abuse cases and can help you obtain compensation for your injuries at the hands of the nursing home facility and their employees. Contacting a qualified attorney not only helps you through a difficult time, but also improves the quality of care that will be provided at the nursing facility in the future.

TYPES OF NURSING HOME ABUSE

Nursing home abuse includes psychological abuse, physical abuse, sexual abuse, verbal abuse, or negligence and involuntary seclusion. Typically, nursing home negligence and abuse is a result of overworked and underpaid caregivers who either are unable to provide each patient with the proper care, or take out their frustrations on the patients.

If you or your loved one has been a victim of nursing home negligence or abuse, we sincerely want to help you through a difficult time by protecting your legal rights. Contact nursing home abuse attorney H. Lee Thompson to help you hold the responsible party liable for their negligent actions.

HOW DO I FIND A SAFE NURSING HOME FOR MY LOVED ONE?

Unfortunately, nursing home abuse occurs even in facilities that appear to be of high quality.

If your loved one is currently in a nursing home and you are concerned about the care they are receiving, or you are in the process of choosing a nursing home for a relative or friend, please review the following information to avoid nursing home abuse happening to your loved one.

If you or your loved one has been a victim of nursing home negligence or abuse, we sincerely want to help you through a difficult time by protecting your legal rights. Contact nursing home abuse attorney H. Lee Thompson to help you hold the responsible party liable for their negligent actions.

• A nursing home is only as good the certified nursing assistants (CNAs) who care for the patients. Although nurses act as supervisors, CNAs take care of many patients needs. When visiting potential homes, pay close attention to how these nursing assistants interact with patients and staff.
• Ask questions! Speak to current residents about their opinions of the quality of care and life in the nursing home, and to others who have family members in the home. Talk to the staff about any specific questions you have regarding the policies or daily operations of the facility.
• Trust your nose and eyes! Unsanitary conditions could be lurking under the surface; the smell of urine, feces, or mildew is a sign of neglect and poor hygiene. Check areas where patients gather and dining areas for appropriate amounts of beverages and healthful foods; malnutrition and dehydration are serious problems in nursing homes and can lead to illness or death.
• Find out how often doctors visit patients and how many staff members there are in relation to patients, especially during night and weekend hours.
• If you have any questions about a particular nursing home facility, check with the clerk of courts in the county in which you live for any evidence that it has been a defendant in a nursing home abuse or negligence lawsuit.

If you suspect that your loved one has been harmed due to negligence or abuse in a nursing home, contact our office today. Attorney H Lee Thompson is on your side, and has the resources needed to conduct a thorough investigation of your claim.

If your legal problem is not covered in this website or you are not located in Ohio, he still encourages you to contact him with your legal question or concern. He works with a network of professional attorneys that may be able to answer your legal questions. He can be reached by filling out the this form, or by calling TOLL FREE 1-800-461-9013.

Here are answers to frequently asked legal questions:

• Traffic & Auto

  • • Understanding the Risks of Drinking and Driving
    • Loaning Your Car to Others
    • Traffic Court and What to Expect
    • Protection of Ohio Vehicle Purchasers under the Lemon Law
    • Law Change for the Average (minor) “Fender-Bender”
    • Auto Insurance Rights and Responsibilities
    • Auto Insurance Policy
    
    Understanding the Risks of Drinking and Driving
    Q: My girlfriend and I just shared a bottle of wine at dinner. Should we drive home or call a cab?
    A: Please do not get behind the wheel if you think your ability to drive is impaired, no matter how much or how little you have consumed. While your blood alcohol content (BAC) may not be over the legal limit, any amount of alcohol associated with driving is risky.

    Q: How much alcohol can I consume before being at risk for exceeding the legal limit?
    A: If you are at least 21 years old, and your BAC is over .08, meaning you have above a concentration of alcohol in your breath or blood at this level, you have exceeded the legal limit and are considered to be operating a vehicle impaired (OVI). Driving over the legal limit is commonly referred to as DUI, driving under the influence, or DWI, driving while impaired, but the state of Ohio has not used these acronyms since 1982. It was in 1982 that they adopted the OVI and OMVI, operating a motor vehicle impaired.

    Q: So I only have to be worried if my BAC over .08?
    A: No. There are also legal limits to the amounts of alcohol allowed in a person’s blood serum, plasma, and urine. While many states have done away with urine tests for alcohol concentration because of issues with handling and testing, Ohio still uses the test. If your urine tests at a level of .11 or greater, you are over the legal limit. If blood serum is taken, you are considered over the legal limit if have .096 or greater concentration. If this test is taken, it must be conducted according to Ohio Department of Health rules to be admissible in court.

    Q: If my girlfriend and I have carefully assessed our situation and decide we are capable of driving home, does it matter who drives?
    A: If you were correct in your assessment, then it should not matter, because both of you would be capable of driving. However, it is important to note that when controlling for things such as amount of alcohol consumed, duration of consumption, and similar food consumption, women’s BAC will generally be higher than men’s. This is because a woman’s body generally contains less water and more fat than a man’s, which allows more alcohol to be absorbed in woman’s body. It is also important to mention that weight can have a huge impact on BAC. The smaller someone is, the greater the chance that their BAC will be higher.

    Q: Does the law provide different limits to BAC for men and women?
    A: While claims have been made that the limit of .08 discriminates against women for the above reasons, the science behind breath testing uses the “law of averages” and treats men and women alike.

    Q: What happens if I test over the legal limit?
    A: or a first time offense the punishment could potentially involve all or some of the following:

    · 1 · Immediate license suspension by the arresting officer, which can be for up to one year if you refuse to take a test.
    · 2 · Jail for a minimum of 3 days
    · 3 · A 3 day driver intervention program.
    · 4 · A fine ranging anywhere from $200-$1000.
    · 5 · A court imposed license suspension ranging from 6 months up to 3 years.

    Subsequent offenses only enhance the severity of the punishment. If you test well above the legal limit, and have what are considered “high tier” test results which constitute a .17 BAC for breath, a .204 for blood serum or plasma, and .238 for urine, the minimum jail time is doubled.

    Q: Do I have to submit to one of the above mentioned tests?
    A: Under Ohio law, once arrested for OVI, it is a criminal offense to refuse to submit to testing. If not arrested, refusal of testing can still result in a conviction in court based on evidence presented against you of poor driving performance, alcohol odor, slurred speech, red and glassy eyes, and staggering and poor performance on field sobriety tests.

    Q: I am under 21, are the legal limits different?
    A: Yes! The legal limits for anyone under 21 are much lower. For breath or blood, the limit is .02. It is .03 for blood serum or plasma, and .028 for urine. Even the slightest amount of consumption can place you over the limit if you are under 21.
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    Loaning Your Car to Others
    Q: Can I lose my car if someone borrows it and violates a traffic law?
    A: Until recently, yes in fact you could lose your vehicle if you loaned it to someone who committed certain serious traffic laws. Recent legislation though has made it less likely, so long as you can prove you were an innocent owner.

    Q: What is considered a “serious” traffic offense?
    A: A serious offense which could result in immobilization and seizure of a vehicle include those persons found guilty of driving while intoxicated, without insurance, without a driver’s license, or with a suspended license.

    Q: Can my car be taken if I wasn’t involved in the “serious” traffic offense?
    A: The law permits the state to seize a vehicle involved in a “serious” traffic only when it is owned by the offender. If your vehicle was seized because of the actions of another individual, the state is required to pay the costs of removal and storage. This was done because of the time and cost necessary to prove innocent ownership.

    Q: How can I prove I was an innocent owner?
    A: To prove that you were an innocent owner, you must prove that you did not reasonably know that the person borrowing the car was intoxicated, didn’t have insurance, had a suspended license, or did not have a license at all when allowing them to borrow the car. If you are not deemed an innocent owner, you can be convicted of a wrongful entrustment.

    Q: What does a wrongful entrust conviction entail?
    A: A wrongful entrustment conviction can lead to the seizure of your vehicle. A second conviction could result in the loss of your vehicle ownership.
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    Traffic Court and What to Expect
    Q: I was recently given a traffic citation and given a court date. What will happen when I show up?
    A: Your initial appearance in court is called an arraignment. Here the judge will ask you if you have received a copy of your ticket and understand the charges against you. Along with the notice of charges, he will explain the potential penalties for each offense and ask if you wish to enter a plea at this time.

    Q: Can I have an attorney?
    A: You can have an attorney represent you at any or all stages of a case. If you cannot afford an attorney and the offense involves potential jail time, you can ask the court to appoint an attorney for you. Likewise, if the case does not have the potential for jail time and the court reviews your financial information and deems you indigent, meaning that you are unable to afford an attorney, one will be appointed for you.

    Q: How can I plead?
    A: When asked to enter a plea, you must plead either guilty, not guilty, or no contest.

    Q: What does a guilty plea mean?
    A: A guilty plea means that you are admitting to the charges brought against you and the judge will find you guilt and sentence you.

    Q: What does a plea of no contest mean?
    A: A plea of no contest means that you are stating that you do not dispute the facts set forth in the traffic citation. At this time, you will be allowed to offer an explanation of the incident before the judge decides punishment. More often than not, the judge will probably find you guilty. Note that pleading no contest can be used against you in a subsequent civil case, because the burden of proof in civil cases is different than it is in criminal cases.

    Q: What does a not guilty plea mean?
    A: A not guilty plea means that you are disputing the charges and your case will be scheduled for trial. The law states that for criminal offenses, the trial will generally start anywhere from 30 to 180 days after your arraignment. You can however waive your “right to a speedy trial” to allow for a more convenient time for you or the court. Often times too, the judge may schedule a pre-trial.

    Q: What happens at a pre-trial?
    A: A pre-trial is an informal conference between you, your attorney if you are being represented, and the prosecutor. Here there is a discussion about potential plea negotiations in hopes that your case can be resolved without trial. Topics to be discussed include explanations for the incident and recommendations for punishment. If an agreement cannot be reached, the judge will then schedule motion hearings and a trial date.

    Q: What is a motion hearing?
    A: In some cases, issues of law need to be decided before the trial. These are not issues of fact in the case merely issues relating to the way in which facts can and cannot be presented.

    Q: What happens at trial?
    A: At trial, the prosecutor will present his or her case first. They must prove that you are guilty beyond a reasonable doubt, which is the burden of proof in criminal cases. Witness may be called to testify against you, and you or your attorney, if you are being represented, will be allowed to question subsequent to the prosecution’s questions. When the prosecution has completed the presentation of their case, you and/or your attorney can call your own witnesses and you yourself can testify on your behalf. When you have presented your case, the judge will weigh the evidence presented and find you guilty or not guilty. If you are found guilty, the judge will then sentence you.

    Q: Can I have a trial by jury?
    A: It depends on the severity of the case. For minor misdemeanor offenses, you are not entitled to a jury trial. Any offense carrying the potential for jail time can be tried by a jury so long as you ask in a timely matter, usually no later than 10 days before the trial date.
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    Protection of Ohio Vehicle Purchasers under the Lemon Law
    Q: What is the Lemon Law and what does it do?
    A: The Lemon Law is a law meant to protect vehicle purchasers in cases in which there has been a defect in the vehicle impairing its use, value, or safety. This law requires that manufacturers replace or buy back an owned or leased vehicle that cannot or has not been properly repaired in a timely matter.

    Q: Which types of vehicles are covered by the Lemon Law?
    A: The following types of vehicles will be covered under the Lemon Law:

    · 1 · Passenger cars
    · 2 · Motorcycles
    · 3 · Motor Homes (Only the engine and chassis; interior items not covered)
    · 4 · Light trucks (Those designed to carry no more than one ton and not used in the course of a business for profit)

    Q: Which types of vehicles are not covered?
    A: Generally, used vehicles over one year old with greater than 18,000 miles are not covered. However, the passage of the Federal Magnuson Moss Act will cover any used vehicles regardless of the age if the dealer issues a warranty with a purchase. Please note that any used car subject to the Lemon Law must be reported within the first year of its purchase.

    Q: How would I know if I have a Lemon?
    A: All new motor vehicles have a warranty from the manufacturer which states that they will pay for parts and labor for anything specifically listed in the warranty. If this situation exists, take your vehicle back to the dealer so that the problem can be correctly diagnosed and repaired. If the dealer cannot fix the problem within a reasonable number of attempts, it is likely that you have a lemon.

    Q: What constitutes a reasonable number of attempts?
    A: A reasonable number of attempts exist when one or more of the following occurs:

    · 1 · The same problem has been subject to repair three or more times and still exists or reoccurs.
    · 2 · The vehicle has been out of service for a total of 30 or more calendar days for repairs.
    · 3 · Eight or more attempts have been made to repair a substantial problem covered by the warranty but with no success.
    · 4 · There has been at least one repair attempt for a safety-related problem, and the problem either continues to exist or reoccurs.

    Q: I have a lemon. Now what?
    A: Continue to work with your dealer to have the problem fix and be in contact with the manufacturer’s representative about the possibility of getting a new vehicle or your money back. Beware of potential attempts to force you to pay the increased sticker price on a new vehicle. Under the lemon law, you are not required to pay this, but swindling car salesmen exist. If there is any doubt though, do not hesitate to contact a lawyer that specifically practices in this area of the law.
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    Law Change for the Average (minor) “Fender-Bender”
    Q: I know that for the ordinary traffic citation I cannot be sentenced to jail time. What is the maximum fine, though?
    A: Most traffic offenses that result in a minor accident (e.g. a failure to maintain assured clearance, a failure to yield the right-of-way, going through a red light, or failure to stop at a stop sign) are known as minor misdemeanors. Before January 1, 2004, a person could be fined up to $100 and charged court costs for a minor misdemeanor. Jail sentences were not authorized by law and neither were other special terms of probation. Since then, the maximum fine has been increased to $150 and you may still be required to pay court costs.

    Q: Is it true that I still cannot receive a jail sentence for a minor misdemeanor?
    A: Yes, but there have been some important changes in the law. Jail sentences still cannot be imposed, but other sanctions can now be imposed.

    Q: Aside from paying a fine and court costs, what other sanctions can be imposed?
    A: As of January 1, 2004, Ohio law allows courts to impose, in addition to fines and court costs, restitution (reparation for damages or injuries incurred) and reimbursements to the victim that you are required to pay. Also, in place of all or part of a fine for a minor misdemeanor, a court may impose up to 30 hours of community service.

    Q: Assuming I plead no contest to a citation where an accident is involved, could I be held responsible if the court orders restitution for the victim?
    A: Ohio law now uses the broad definition of the term “economic loss” that was used in the 1996 changes made to felony sentencing law. According to this definition, a court may order restitution based upon the victim’s “economic loss,” which includes loss of income, medical costs, funeral expenses, insurance deductible amounts, etc.

    Q: Does a court have to order restitution, and if so, how will the court decide what is the appropriate amount of restitution?
    A: A court does not have to order restitution and many courts have declined to do so. If a court does order restitution, however, it may base its determination of the appropriate amount on a recommendation received from the victim, the defendant, or a pre-sentence investigation. The types of evidence that can be used to support these recommendations can include estimates, receipts, or “other information.”

    Q: What if I do not or cannot pay the amount of restitution ordered by the court?
    A: As of January 1, 2004, the amount of court-ordered restitution can become a civil judgment (a separate civil court decision) in favor of the victim. This civil judgment can be enforced through a normal collection procedure such as a wage garnishment (in which money is taken from your wages to pay the restitution) or bank account attachment. So, you may find yourself in a situation where, with a plea of no contest and without a trial, you have a civil judgment taken against you. This may happen even without any notice to your insurance company.

    Q: What can I do to protect myself?
    A: Many insurance companies will not defend a case and definitely won’t pay a civil judgment if they are not notified of the proceedings ahead of time and given a chance to defend the case. To protect yourself, you should call your insurance company as soon as you receive a traffic citation arising from any accident where restitution might be ordered. You should also notify your insurance company of the date of the hearing on your traffic citation and ask your insurance company for advice about legal representation. While many courts may choose to allow the issue of the proper amount of damages to be determined in a civil case rather than as part of the sentencing in a traffic case, it is important to remember that a “fender-bender” can involve thousands of dollars of damages these days. If your insurance company does not want to send a lawyer to court with you, depending upon the amount of damages at issue, it might be worth it to hire your own lawyer.
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    Auto Insurance Rights and Responsibilities
    Q: Are drivers in Ohio required to purchase insurance?
    A: The state of Ohio does not require drivers to buy car insurance, but they do require that every driver have a guaranteed way to pay for injuries or damages resulting from personal negligence or negligence of anyone driving a vehicle you own. Under Ohio’s Financial Responsibility Law, you must be able to show “proof of financial responsibility,” which results in many drivers buying liability insurance.

    Q: What does liability insurance cover when I am at fault?
    A: When personally at fault, liability insurance pays on your behalf for the other person’s injuries or death and any damage to their property. It will also pay for your legal defense should you be sued. This generally will cover any licensed driver you allow to drive your car, but be sure to read your policy as there might be individuals excluded.

    Q: How much liability coverage do I need?
    A: Ohio law requires that drivers carry at least the following:

    · 1 · Bodily injury coverage of $12,500/person and $25,000/accident; and
    · 2 · Property Damage Coverage of $7,500/accident.

    Please note, these are bare minimums, and a severe crash will require a lot more insurance.

    Q: What is Bodily Injury Liability?
    A: Bodily injury liability pays for injury or death of others when the driver of your car is at fault. There can be two limits, the first of which is the amount paid for injuries for any one person’s injuries, and secondly, the total amount for all persons injured in the accident.

    Q: What is Property Damage Liability?
    A: Property damage liability coverage pays for damage your car causes to other people’s property when you or another authorized driver causes damage while driving your vehicle.

    Q: What is Medical Payments Coverage?
    A: Medical payments coverage pays medical bills for you or your passengers after a motor vehicle accident. It also covers medical expenses if you or family members are pedestrians and are hit by a car.

    Q: What is Physical Damages Coverage?
    A: There are two types of physical damages, which can be sold together or separately by your insurance agent or company. The first is collision coverage, which pays for repairs to your car when it hits another vehicle, crashes into something or turns over. It pays regardless of who is at fault in the accident. The second is comprehensive coverage, which pays for losses that result from incidents that are not collisions, such as theft, fire, vandalism, hail, falling objects or hitting animals. These are not required by law and thus are strictly optional dependent upon your financial situation.

    Q: What is Forced Placement?
    A: If you finance your car, the lender may require that you get physical damage protection for the vehicle. If you do not take this, they are allowed to buy the insurance and add it to the cost of your loan. It will protect them, and is very expensive to you, so it is wise to buy your own policy.

    Q: Why is my Insurance I.D. card important?
    A: After 1995, Ohio lawmakers put some teeth into Ohio’s Financial Responsibility Law, requiring that your insurance company give you an insurance ID card showing when your liability coverage starts and ends. You are required by law to show this to any police officer who stops you for a traffic violation or safety check. This card should also be taken to court with you following a citation or accident.

    Q: What happens if I misplace my Insurance ID card?
    A: If you are unable to show the police officer your ID card, or some other proof of financial responsibility at the time of citation, it will be noted on the ticket. You will be required to bring this with you at the time of your court date.

    Q: What happens if I drive without Financial Responsibility?
    A: Being caught driving without financial responsibility can result in severe penalties including:

    · 1 · Suspension of driver’s license for a minimum of 90 days and up to two years
    · 2 · Impoundment of your license plates and/or your automobile
    · 3 · Court costs
    · 4 · No driving privileges during suspension.

    Q: Do I need financial protection against Uninsured and Under-Insured Motorists?
    A: Generally, this is a very good idea, because despite Ohio’s Financial Responsibility Law, there remain thousands of people who drive without coverage. Some estimates claim as many as 20% of drivers break the Financial Responsibility Law, and an even greater percentage do not have enough insurance to cover serious injuries. As a result, your insurance agent or company may offer you protection from these drivers with coverage that:

    · 1 · Takes the place of the liability coverage the other driver did not have; and
    · 2 · Pays for injuries to you and your passengers when the other driver did not have enough insurance to pay for your injuries

    Even with a good health insurance policy, it is wise to take Uninsured Motorist Insurance, because in addition to medical bills, it can include expenses related to your injuries including pain and suffering and lost wages.

    Q: If I have an accident with an uninsured motorist, what should I do?
    A: It is very important to file an accident report in a timely matter with the police after the accident and to immediately contact your insurance company.

    Q: After an accident, how will I know how much I am going to be compensated?
    A: In Ohio, there exists what is called a comparative negligence law, which says that responsibility for an accident can be shared, which subsequently can have an outcome on how much you collect. If an accident occurred because you did not use the amount of care that should be expected of a reasonable and prudent person, you can be considered negligent even if you were not cited, thus reducing the amount you can receive in damages.
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    Auto Insurance Policy
    Q: What is a Declarations Page?
    A: When you get your automobile insurance policy, the top page is normally the Declarations Page or “Dec Page,” and shows what the policy covers and the premium you pay for those coverages. If you do not receive a new policy each year, you may only receive a new Dec Page.

    Q: What are my policy responsibilities?
    A: You have the obligation to fill out the insurance application with complete and accurate information, remembering to list all licensed drivers. Upon completion, you should receive a binder from your agent which can be used as proof of coverage until receiving your insurance ID card.

    Q: What are my premium rights and responsibilities?
    A: You have the right to a fair estimate of your premium, even though the actual premium may be more or less than the quoted estimate. If the company charges a premium though which has not been approved by the Ohio Department on Insurance and you paid too much for it, you are entitled to a refund. You also have an obligation to keep track of your policy renewal date and to pay premiums by their due date, because failure to do so can result in the cancellation of your policy.

    Q: What are my policy rights?
    A: You have the right to receive a copy of your policy, and you may request a copy of any form you or the agent signs. Likewise, you cannot be discriminated against because of your race, national origin, beliefs or a physical handicap that does not impair your driving ability.

    Q: What are my renewal and cancellation rights regarding my policy?
    A: If your policy is cancelled or not renewed, the insurance company must issue you a written notice stating the reasons for their actions.

    Q: What are my claim rights under my policy?
    A: Unless limited by your policy, you have the right to choose which shop will repair your car. You also have the right to a prompt and good faith settlement based on your policy terms. With that, you are allowed to negotiate with the insurance company’s adjuster, and to reject any settlement offer you find unacceptable. Should it be necessary, per your policy, you can use an arbitration procedure to ensure you receive a fair settlement.

    Q: What are my claims responsibilities?
    A: Under no circumstance should you file a phony, padded or fraudulent claim asking your insurance company to pay for damages that did not occur, as the penalty for such claims could result in jail time. You should though promptly report any accidents or losses and provide your agent with all information pertaining to the incident.

    Q: I think the insurance company has deceived me, what can I do?
    A: You have the right to call or contact the Ohio Department of Insurance at 1-800-686-1526 and file a consumer complaint, and to have your complaint investigated by an investigator from the Ohio Department of Insurance. There are rules and regulations that apply to automobile insurance carriers in Ohio, and in this instance it is wise to consult with and retain an attorney to protect your legal rights and duties.
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• Housing

  • • Tenants and their Security Deposit Rights
    • Ohio Eviction Procedures
    
    Tenants and their Security Deposit Rights
    Q: Does the law require my landlord give back my security deposit?
    A: Yes, but you must notify your landlord of your forwarding address in writing or in person. After receiving your notice, your landlord has 30 days to give you a written itemization of deductions taken and refund the remainder to you.

    Q: How can I improve my chances of getting back my security deposit?
    A: First, you should review your lease and make sure that there are no “intent to vacate” clauses, which are clauses within the lease giving your landlord a certain amount of notice that you intend to leave at the end of your lease. If there is such a clause, be sure to get your intent to vacate in on time and keep a copy of what you sent by certified mail. Courts have enforced clauses that renew a lease for another year because tenants have not given proper notice to their landlord. Even if no such clause exists, it is always a good idea to send your landlord a certified letter (one requiring a signature upon receipt) containing your forwarding address.

    Q: Is there anything else I can do to make sure I get my deposit back?
    A: After you have removed your possessions and fixed any damage you may have caused, clean your unit. It may be wise to hire a professional cleaner even, and if you do, be sure to keep your receipt. Videotape the unit before you leave, holding a copy of that day’s newspaper capturing the headline date.

    Q: I think my landlord will improperly withhold my security deposit at the end of my lease. Can I wait to pay my last month’s rent until I have the security deposit?
    A: You should always pay your last month’s rent, and do not assume your security deposit will cover it. By not paying the last month’s rent, you are not protected by law for damages claimed over the amount of the security deposit, because that entire amount would be rightfully withheld as rent.

    Q: I paid last month’s rent, but still think my security deposit was improperly withheld. What can I do now?
    A: A provision in Ohio law, specifically Ohio Revised Code 5321.16, allows you to go to court to obtain double damages and attorney fees from your landlord. This is also the case if you can prove that you properly notified the landlord of your forwarding address and the landlord wrongfully kept any portion of your security deposit for more than 30 days.

    Q: What if I get an itemized list of damages I never caused?
    A: If necessary, you can sue your landlord, generally in small claims court. Be sure to remember that who you think your landlord is may be just a rental manager for another person or company, so look up who owns the property on your county auditor’s or recorder’s website and name them as the defendant in your lawsuit. In the complaint, be sure to say that you are filing suit under Ohio Revised Code Section 5321.16 and requesting double damages and attorney fees. It is not entirely necessary to have an attorney at this point, but asking for an attorney fee up front provides you with potential compensation should you hire an attorney in the future. If the court finds that your landlord wrongfully withheld any amount, they must award double the amount of that which was withheld and hold a hearing to determine what attorney fees were reasonable and should be covered.
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    Ohio Eviction Procedures
    Q: My wife and I formed a limited liability corporation (LLC) for a property rental business, and manage the properties ourselves. Are we allowed to file evictions against tenants and sue them for damages or must an attorney do that?
    A: If you yourself own the property then yes, you can file evictions on the rental property. However, if the property is owned by the LLC, only an attorney can file an eviction action or sue for damages. A recent Ohio Supreme Court ruling though now allows you to file a complaint in small claims court on behalf of the LLC for damages as long as you do not act as an attorney would at trial. This includes arguing or cross examining witnesses as well as engaging in others acts of advocacy. Because it is small claims court, the damages you can seek should be no more than $3000.

    Q: Can a landlord collect punitive damages or attorney fees in an action against a tenant?
    A: A landlord generally is not entitled to collect punitive damages, which are damages meant as punishment, against a tenant. Similarly, they are not entitled to collect attorney fees if an eviction action is for non-payment of rent.

    Q: What types of damages cam a landlord collect?
    A: A landlord may collect actual damages (damages in their full amount) and can collect attorney fees if the tenant does not:

    · 1 · Keep his or her unit safe and sanitary.
    · 2 · Dispose of all garbage in a safe and sanitary matter.
    · 3 · Keep all of the unit’s plumbing fixtures as clean as their condition permits.
    · 4 · Operate all electrical and plumbing fixtures properly.
    · 5 · Comply with state and local housing, health, and safety codes.
    · 6 · Refrain from and forbid any guests from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises.
    · 7 · Maintain in good working condition any appliance supplied by the landlord.
    · 8 · Behave in a way that will not disturb the neighbors and require guests to do the same; and
    · 9 · Allow the landlord reasonable access, generally upon 24 hours notice, to enter the premise to inspect, make repairs, deliver parcels, supply necessary or agreed upon services, or show the unit to prospective or actual buyers, mortgagees, tenants, workers, or contractors.

    If any of the following are violated, a landlord may seek to get a writ of restitution.

    Q: What is a writ of restitution?
    A: A notice from the court to forcibly remove a tenant from a unit.

    Q: Assuming we have the writ of restitution, how can we enforce that order?
    A: Generally, you can ask the same court to issue a writ of execution. To do this, you must file with the clerk of courts and pay a filing fee. What this does, is within 10 days of receiving the writ of execution, the tenant must vacate the property. If not, depending upon jurisdiction, the sheriff, police officer, constable, or bailiff must execute the order and restore your property to you.

    Q: If I have to move the tenant belongings out, am I responsible for them?
    A: Even though the sheriff or another court officer is responsible for carrying out the writ of execution, you the landlord are responsible for restoring the unit to its original form, and must hire movers to remove belongings, which can be placed next to the curb or street. As long as you do not intentionally damage the tenant’s belongings, you are not liable if something breaks or is stolen from the corner.

    Q: Where can I get more information about evictions?
    A: The Ohio State Legal Services Association (OSLSA) provides information about evictions and other landlord/tenant issues through their website www.ohiolegalservices.org.
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• Discrimination

  • Ohio Civil Rights Commission and Cases of Discrimination

    Q: What is the Ohio Civil Rights Commission?
    A: The Commission is a state agency that investigates most forms of discrimination including those in housing, credit, employment, and public accommodation. The office for the Ohio Civil Rights Commission (OCRC) is located here in Columbus at the Rhodes State Office Tower.

    Q: What types of discrimination cases will the Ohio Civil Rights Commission examine?
    A: The OCRC will investigates charges of discrimination in employment, public accommodations, housing, credit and higher education on the bases of race, color, religion, sex, national origin, disability, age, ancestry or familial status.

    Q: I wish to file a discrimination-in-employment charge under Ohio law. What must I do?
    A: You must:

    · 1 · File the charge with the Ohio Civil Rights Commission within 180 days of the discriminatory act.
    · 2 · Provide contact information for yourself and your employer; and
    · 3 · Provide a description of the discrimination. This should include the date on which the act of discrimination occurred and whether it was based on sex, race, color, national origin, religion, age, or disability, or if it involved retaliation for previously opposing or reporting discrimination.

    Q: What are the benefits to filing a discrimination charge with the OCRC?
    A: There are many benefits to filing with the Commission. First, it will not cost anything for you to file, and the Commission will investigate all claims in which it has jurisdiction. Likewise, it has representatives who will help you prepare your charge, so while it may be helpful or advisable to have your own attorney, filing with the Commission does not require one.

    Q: What does the Commission do with the charges once they are received?
    A: The Commission will investigate the claim and issue findings of either:

    · 1 · No probable cause, which means that the evidence is insufficient to substantiate a charge of discrimination, or
    · 2 · Probable cause, which means that the evidence is sufficient to substantiate a charge of discrimination.

    Q: What happens next if the Commission finds there is probable cause?
    A: If there is no settlement, the Commission files a formal complaint and schedules a formal hearing before an administrative law judge and an assistant attorney general is assigned to prosecute the case for the Commission.

    Q: If the 180 days has lapsed, can I still file a discrimination charge?
    A: Yes, but with the federal agency called the United States Equal Employment Opportunity Commission, which has offices in Cleveland and Cincinnati. This processes discrimination claims under federal law, which permits charges to be filed within 300 days of the discriminatory act.

    Q: If I file with the Commission, can I also take my case to court?
    A: Except when filing age discrimination charges in cases of employment, going to the Commission does not exclude going to court simultaneously or at a later date. Often times, the court can give more relief than the Commission can, including punitive damages, attorney’s fees, and money for mental anguish.

    Q: What type of reward could I get for filing with the OCRC?
    A: Under current Ohio law, the Commission can reward the following for employment cases:

    · 1 · Back pay, both of salaries and wages from a prior pay period.
    · 2 · Compensation for lost benefits.
    · 3 · A job that was denied for discriminatory reasons.
    · 4 · Job reinstatement.
    · 5 · Job promotion.
    · 6 · Expungement of any disciplinary actions from employment records if discipline was a result of discriminatory behavior; and
    · 7 · A requirement that the employer must implement equal opportunity training and complaint programs.

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• Contracts & Loans

  • • Cancellation of Contracts
    • College Student Loans
    
    Cancellation of Contracts
    Q: Can I legally cancel any contract I make?
    A: No. There is a popular belief that any contract may be canceled within a certain period of time. This is simply not true. The law allows for a 3 day right of recession and subsequent cancellation of a contract in the following instances:

    · 1 · Home solicitation sales (those sales made inside of your home).
    · 2 · Health Club Contracts.
    · 3 · Dating Service Contracts.

    Q: I recently joined a health club and did not know about my right to cancel. What can I do to get out of the contract?
    A: Under law, with any transaction carrying a cancellation period, you should be advised of your right to cancel the contract by sending in a written cancellation within 3 days of the initial purchase. The seller, in this case the health club, is required to tell you of this. If you were not informed of this right, you can cancel at any point. If you were advised of this right then you must keep to the terms and length of the contract.

    Q: I was not permitted to return clothing I bought that didn’t fit. Is that allowed?
    A: Under Ohio law, all retailers are permitted to set their own return policy. Some stores will allow you to return the item, and others will not. A sign stating the return policy for cash or check must be posted where one would reasonably be able to see it. If it is not, you would be permitted to return the item despite the policy.

    Q: I bought an item from a store with a “No Return Policy.” It turns out that the product is defective. Do I have any course of action?
    A: For defective products, regardless of the policy, the seller has to give you a refund or replacement.

    Q: I think I may have a case to cancel my contract, but I’m not sure, what should I do?
    A: If there is any doubt, contact an attorney, because there are many who practice specifically in the areas of breach of contract law and product liability law.
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    College Student Loans
    Q: What is an unsubsidized loan?
    A: An unsubsidized loan is non-need based (not dependent on the student’s financial need). The amount received cannot be more than the difference between the educational costs of attending school and other financial aid received, such as other loans, scholarships, or grants. In other words, the money the student receives for this loan is given directly to the college or university in which he/she is enrolled to pay for school expenses. Interest on an unsubsidized loan must be paid either while the student is in school at least half-time, or, if the student chooses not to pay the interest while in school, it will accumulate and be added to the principal (the amount of money the student takes out as a loan, not including the interest). A student must begin repaying the principal on an unsubsidized loan 6 months after graduation, once he/she has withdrawn from school, or if/when the student is enrolled less than half-time. Repayment is usually based on a 10-year repayment plan, but repayment may be extended up to 30 years in certain circumstances.

    Q: What is a subsidized loan?
    A: A subsidized loan is a need-based loan for which the federal government pays the interest while the student is in school, for any periods in which the student is not required to pay after graduation (known as post-graduate deferment periods), and 6 to 9 months thereafter. Depending on the type of repayment plan selected, the total interest and principle must be repaid in 10 to 30 years.

    Q: What is a Perkins loan?
    A: The Perkins loan is a federal loan guaranteed of up to $4,000 per year for undergraduate studies and $6,000 per year for graduate studies. The amount of the loan received is based on financial need and availability of other aid, with the repayment being deferred for up to 10 years. If the student fails to pay the agreed amount according to the repayment plan (known as a default), the recipient will not be able to obtain any other federal funding in the future. Also, the Perkins loan currently has a lower interest rate than other federal loans.

    Q: What is a Stafford Loan?
    A: A Stafford loan can be either subsidized or unsubsidized. Recipients of a Stafford Loan can repay the loan in 10 to 30 years depending on the loan amount and the repayment plan selected. Since this is a federal loan, if there is a loan default, the recipient who fails to pay will not be able to receive future federal funding. The Stafford loan also has a wider variety of repayment plans and a longer repayment period.

    Q: What is a Federal Family Education Plus loan?
    A: Also known as FFEL Plus loans, these loans may be available for parents to go towards the educational expenses of their dependent child who is enrolled in school. A parent must meet the qualifications set out by the loan program, have good credit history, and will be obligated to repay the loan. The loan is unsubsidized and also has a higher interest rate. The amount of these loans given to the parents is equal to the difference between the students’ cost of attendance and any other financial aid the student receives.

    Q: How do I file for the appropriate student loan?
    A: A student must file the FAFSA or Renewal FAFSA form each year to be considered for a federal subsidized or unsubsidized loan. This form may be found and filed online at: http://www.fafsa.ed.gov/. Seeking financial aid involves an evaluation process that is highly individualistic. It is recommended that the student and his/her parents have a meeting consisting in a review of options and other alternatives with a school Financial Aid Office before a decision is made on how to fund the student’s higher education. Also, the student should do additional independent research in his/her community for organizations that offer need-based grants and scholarships.

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• Voting

  • Voting Rights and Regulations

    Q: What must I do before I can vote?
    A: In Ohio, before voting, you must register with the Board of Elections. To be registered, you must be a U.S. citizen, at least 18 years old, and an Ohio resident for at least 30 days.

    Q: What if I will be 18 at the time of the next election?
    A: If you are 17, but will turn 18 by the time the next general election occurs, you may register to vote in the primary election. Please contact your local county Board of Elections for more information.

    Q: How is my residence determined for voting purposes?
    A: Ohio election laws consider your residence to be a fixed place of habitation, and the place you will return after your absence. So if you visit another state or country temporarily, but plan to return to Ohio, you are still considered a resident of Ohio. If you leave to work for the U.S. government, regardless of where you may be, you still retain residency in Ohio for the duration of your service.

    Q: My wife and I have recently separated and live apart, what becomes my place of residence?
    A: If you and your wife have not lived apart for more than 30 days, the home you shared is still considered your residence. If it has been more than 30 days, and you have moved out of your precinct, you must register with the Board of Elections in that area.

    Q: If I forgot to change my registration can I still vote?
    A: Yes, but how and when you vote may change depending upon how far away you move. If you move within the same election precinct, you can change your registration at your polling place on Election Day. If you move out of your election precinct, but not out of the county, you can go to your new polling place on Election Day and submit a change to your voter registration and vote in your new precinct. You can also go to your county Board of Elections office within 28 days of Election Day or on Election Day and submit a change to your registration and vote. Finally, if you move from one county to another, you may appear at your new Board of Elections within 28 days of or on Election Day, change your registration and vote.

    Q: Can I ever lose my voting rights?
    A: Yes. Your voter registration is cancelled if:

    · 1 · You have been convicted of a felony. (Only stripped of voting rights while serving sentence. Upon release from confinement and/or completion of sentence, convicted felons are again eligible to vote.)
    · 2 · You have been found by a court to be incompetent.
    · 3 · You have changed your residence to another country.
    · 4 · You have failed to respond to a confirmation notice sent by the Board of Elections and at the same time have failed to vote at least once during a four-year period, or during that period have failed to update your registration.
    · 5 · You ask that your voter registration be cancelled.
    · 6 · You are deceased.

    Q: Where can I register to vote?
    A: Ohio law allows you to register at one of the following places:

    · 1 · Board of Elections office
    · 2 · Secretary of State’s office
    · 3 · Office of a local deputy registrar of motor vehicles
    · 4 · A public high school or vocational school
    · 5 · A public library
    · 6 · Office of a county treasurer
    · 7 · On Ohio Income Tax forms, which are then mailed to the Board of Elections.

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• Copyrighted Material

  • Copyrighted Material

    Q: What is a copyright?
    A: A copyright is a grant of rights from the government for original works of authorship, such as books, songs, plays, computer programs and CD-ROMS, that are fixed in a tangible (something that can be touched) medium of expression.

    Q: What does a copyright mean?
    A: Obtaining a copyright means that the owner has certain exclusive rights. The owner has the right to distribute, reproduce, display, and perform the work. Along with that, the owner has the right to “derivate works,” which are works based on the original, but include some different or additional materials.

    Q: What is copyright infringement?
    A: Copyright infringement means that an individual has violated the owner’s rights. Most commonly, this occurs when something is copied in whole or in part. For copyright infringement to occur, the infringing copy need not be identical, but rather needs only to be substantially similar to the original.

    Q: Are there any instances in which I can copy an author’s work without infringing on a copyright?
    A: Yes, under the “doctrine of fair use,” there are limited situations in which a work can be reproduced, distributed, displayed, and performed by someone other than the work’s creator.

    Q: So what is “fair use” and when does it apply?
    A: Simply put, if something is deemed to be “fair use,” it is legal copyright infringement. The problem though becomes determining when something was used within “fair use” and when it was not. If you are unsure, it is wise to consult an attorney experienced in intellectual property before proceeding.

    Q: What are some determining factors when deciding if something is a “fair use” or not?
    A: When determining “fair use,” one must weigh the following criteria:

    · 1 · The purpose and character of the use
    · 2 · The nature of the work
    · 3 · The amount of work involved
    · 4 · The effect of the activity on the market for the original work, and
    · 5 · Whether the original work is published or unpublished. Often times, the character of the use is the most important factor in determining if something is a “fair use” or not. Specifically, those uses related to profit-making activity will not be considered a “fair use.” Again, if you have any doubt, it is wise to consult an intellectual property attorney.

    Q: Is copying a copyrighted work for a non-profit always considered “fair use?”
    A: No. A number of churches have gotten into trouble for copying music or lyrics, because it reduces the market for sheet music and therefore is not considered a “fair use.”

    Q: Can I copy a collection of facts?
    A: “Fair use” grants broader use without infringement if the work is a collection of facts such as a baseball statistic database or encyclopedia. Generally copying things such as these are more likely to be determined as “fair use” than would the copying of a fictional work such as The Kite Runner.

    Q: Does the amount of work copied affect the determination of “fair use?”
    A: Yes, because if the amount of work copied is small, and does not impact the owner’s ability to make money, it will weigh in favor of “fair use.”

    Q: If I copy an unpublished work can it still be considered a “fair use?”
    A: With unpublished material, it is very unlikely to be considered “fair use,” because the law gives owners of the work the right to control when their work is first published. Instances like these though are very tricky, and it is best to seek the advice of an attorney experienced in copyright law.

    Q: What are the penalties for copyright infringement?
    A: Copyright infringement can result in severe penalties both civilly and criminally with fine or potentially imprisonment. The law provides the copyright owner with the right to obtain actual damages and potentially “statutory damages,” which can range anywhere from $200 to $150,000 plus attorney fees per infringement on top of the actual losses to the copyright owner.

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• Finding a Lawyer

  • • The Legal Aid Society
    • Where to Find an Attorney
    
    The Legal Aid Society
    Q: I have a non-criminal legal issue and cannot afford to hire a lawyer. What can I do?
    A: Every county in Ohio is served by at least one Legal Aid Society. These are staffed by lawyers, paralegals, and other professionals trained in poverty law issues. Their mission is to bridge the gap on the unmet civil legal needs of the poor and to develop addition resources to develop innovative methods of delivering needed legal services to Ohio’s poor.

    Q: Why was the Legal Aid Society opened?
    A: A 1991 statewide assessment revealed that 17% of the legal needs of the poor received attention. Upon this release, the Ohio Legal Assistance Foundation was formed by state officials concerned with the problem of access to justice for the under privileged. The OLAF today administers state funds to help maintain Ohio’s Legal Aid Societies

    Q: What types of issues can I bring to the Legal Aid Society?
    A: Clients often served by Ohio’s Legal Aid Societies include spouses and children who have been victimized by domestic violence; families that have been wrongfully forced into homelessness through unscrupulous landlords; senior citizens who have had their medical benefits mistakenly terminated; or poor people who have been victims of crooked sales practices.

    Q: Will the Legal Aid Society take on every case?
    A: Unfortunately, the need for legal services for the poor are vast and the resources of Ohio’s Legal Aid Society are limited. For this reason, they cannot possibly help everyone. The locally controlled board of directors of Ohio’s Legal Aid Society make decisions about the organization’s priorities and their services. For this reason, people with legitimate legal issue may be turned away.

    Q: How can I get in contact with my local Legal Aid Society?
    A: Although there may not be a Legal Aid Society office in every county, all counties are served by a program in a nearby county. To obtain the telephone number of the Legal Aid Society nearest to you, call 1-866-LAW-OHIO (866-529-6446) or visit the OLAF website at http://www.olaf.org/. Please note that potential clients are screened in order to ensure that they meet financial eligibility guidelines.

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    Where to Find an Attorney

    Q: I think I am in need of an attorney, but I have never had one before, what should I do?
    A: It would be best to first look to the Ohio State Bar Association (OSBA) for advice. They are a voluntary association of attorneys, law school students, and paralegals/legal assistants in the state of Ohio. But please note:

    · The OSBA is not allowed to form attorney-client relationships with members of the public, and is therefore unable to provide advice, counsel, or representation to members of the public concerning specific legal matters. So please do not call or e-mail the OSBA seeking information on legal matters.

    The following are also some helpful tips when searching for an attorney:

    · If you need professional advice about a legal issue or case, but do not know a lawyer, first check with relatives, friends, neighbors, your employer, co-workers, etc. They may be able to recommend a local attorney who has given them good service.
    · The yellow pages and other mediums of advertisement may be helpful, but BE CAREFUL. Just because a law firm has a large display ad or advertises on TV does not mean it is the best qualified to handle your problem. A recommendation from someone you know and trust is much more reliable.
    · If possible, it is best to find a lawyer who knows local court procedures and who practices regularly in the county where your legal problem will be resolved.
    · In each of Ohio’s major metropolitan areas and certain other counties, the local bar association sponsors a lawyer referral service. If you need a lawyer but can’t find one in any of the counties listed below, you can call the referral service to obtain the name of a lawyer whose practice fits your needs. Often the lawyer will schedule a half-hour consultation for a very affordable fee (usually $15-$25). Ask for fee information when you call the firm to schedule an appointment.
    · If you are still having trouble deciding on an attorney to represent you, consider calling either your county’s or nearest counties’ Lawyer Referral Services. Please Note: All Lawyer Referral Information Services (LRIS) must be registered with the Supreme Court of Ohio.

      

      

    PHONE

    Allen, Lima

    Allen County Bar Association

    (419) 224-7534

    Clermont, Batavia

    Clermont County Bar Association

    (513) 732-2050

    Cuyahoga, Cleveland

    Cleveland Bar AssociationCuyahoga County Bar Association

    (216) 696-3532(216) 621-2414

    Franklin, Columbus

    Columbus Bar Association

    (614) 221-0754

    Hamilton, Cincinnati

      

    (513) 381-8359(888) 628-2577

    Lucas, Toledo

    Toledo Bar Association

    (419) 242-2000

    Mahoning, Youngstown

    Mahoning County Bar Association

    (330) 746-2737

    Medina, Medina

    Medina County Bar Association

    (330) 725-9744

    Montgomery, Dayton

    Dayton Bar Association

    (937) 222-6102

    Richland, Mansfield

    Richland County Bar Association

    (419) 524-9944

    Stark, Canton

    Stark County Bar Association

    (330) 453-0686

    Summit, Akron

    Akron Bar Association

    (330) 253-5038

    Trumbull, Warren

    Trumbull County Bar Association

    (330) 675-2415

    All Counties, Pro Seniors Legal Hotline and Referral Service

      

    (800) 488-6070

    up

Disclaimer: This general information about specific topics of law is intended to offer broad and general information. The reader should and is urged to seek advice from an attorney before the application of this information to a specific legal question, problem or claim.

Attorney Thompson has over 30 years of legal experience handling a variety of cases involving nursing home abuse, car accidents, pharmaceutical liability, medical negligence, and more.

Having the necessary resources available to him and extensive experience litigating personal injury and wrongful death cases, Attorney Thompson is able to obtain fair compensation for his clients.

If you or a loved one has been injured, contact The Thompson Law Firm today for a free consultation. You can also fill out the online potential claim form below and someone at our office will review your claim.

The transmission of an email inquiry does not create an attorney-client relationship. The Thompson Law Firm will act only as your counsel in any matter if you and our firm expressly agree in writing that we will serve as your attorney. There are statutes of limitations that vary from state to state that limit the time period within which you may assert certain claims or file certain lawsuits. If you think you might have a potential claim, please contact a lawyer as soon as possible to protect your rights.

We are located on the 8th floor of the Law and Finance Building, and have elevator access for your convenience. If you will be in need of special assistance, please call our office ahead of your visit and we will be happy to meet you in the lobby. If you are a personal injury victim, we certainly understand if you are unable to make it to our office because of your injury. We would be pleased to meet with you at your hospital or home instead.

Attorney H Lee Thompson

Attorney H Lee Thompson is a Columbus, Ohio personal injury lawyer with over 30 year’s experience representing personal injury and wrongful clients nationwide. H Lee Thompson has achieved many successful verdicts and settlements for his injured clients. His hard work for injured clients has earned him a place in Who’s Who in American Law, Who’s Who in America, Who’s Who in the Midwest, and Who’s Who in the World.

H Lee Thompson graduated from the University Of Connecticut School Of Law with his Juris Doctorate in 1975. He is licensed to practice law in Ohio, the District of Columbia, and Federal Court. Attorney H Lee Thompson has also been given special permission to represent clients in Alabama, Florida, Georgia, Illinois, Kentucky, Maryland, Mississippi, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and West Virginia.

Before entering private practice, H Lee Thompson served as a hearing officer, referee, and special counsel to the Ohio Attorney General. Throughout his career, Attorney Thompson has been an active member of many prestigious professional organizations. From 1995 to 1997, he served as an executive board member of the Birth Trauma Litigation counsel of the Association of Trial Lawyers of America’s Medical Negligence Litigation Group. In 2000, H Lee Thompson acted as chairman of the Professional Negligence Section of the Association of Trial Lawyers of America. Attorney Thompson has also lectured and presented for the Association of Trial Lawyers of America.

Attorney H Lee Thompson is affiliated with the American College of Legal Medicine, the Medical Negligence Exchange Group, the Ohio Association of Trial Lawyers Board of Trustees, the Ohio Bar Association, the American Bar Association, the National Bar Association, the American Board of Forensic Examiners, American Association for Justice, the American Trial Lawyers Association, the National Association of Consumer Advocates, and is a lifetime member of the Million Dollar Advocates Forum.

Staff

The Thompson Law Office employs friendly legal assistants, case managers, and law clerks that are always happy to assist you with your personal injury claims. Everyone at our law firm strives to be familiar with your case, and are happy to address your concerns or questions immediately. The Thompson Law Firm staff works hard to support H Lee Thompson in representing you, and encourages you to utilize our prompt and efficient service to assist you when you call. Contact experienced personal injury attorney H Lee Thompson by calling TOLL FREE 1-800-461-9013 or by filling out this form.

The Thompson Law Firm is a plaintiff’s trial law firm that only represents injured people like you. Our law firm does not represent insurance companies or business defendants – we are solely focused on consumers’ rights and protecting those injured by others. Our Ohio law firm is dedicated to people injured in accidents through negligence or malpractice by drivers, doctors, and others that cause personal injuries.