Cecil and Geiser applaud the attempt by Congress to address this latest injustice to American consumers.  There is no logical reason to hold brand name drug manufacturers liable for inaccurate or outdated labels  yet give a “free pass’ to the generic drug makers.

If you have questions about any pharmaceutical or drug related claims, feel free to contact Cecil  and Geiser for a free consultation.

I recently learned of an attorney that had a client receive a friend request that seemed unusual.  Upon investigation, this “friend” was an insurance company employee.  I personally have been in depositions where the insurance lawyer has copies of Facebook pages to question my client.

Facebook is NOT SECURE no matter what you think.  We are routinely sent brochures for seminars hyping how to get through to Facebook when not actually a friend.

Anything found on social media is fair game to use at trial.  Statements that you make to friends can be used against you even though you thought it was only going to a friend.  It is much easier for us to control what is being told to the insurance company if we do not have to worry about social media.

The ad in question “lifts” the image and statements of an Ohio great-grandmother that was featured in an ad opposed to Issue 2.  The controversial ad edits her statements and spliced them with narration to make it appear that Ms. Quinn supports the issue.  She clearly does not and voiced outrage that the pro-business group would use her image to show otherwise.

The law firm of Cecil and Geiser opposes Issue 2 and supports the teachers, firefighters, law enforcement and others whose careers are at stake with this legislation.  Regardless of our position, neither side should be allowed to use the likeness  and comments of a citizen in such a way that it suggests the person has a view other than that which has been expressed.  If the pro-Issue 2 folks want to run an ad with their supporters, that is fine.  But to “steal” from a grandmother or anyone else, is unforgiveable.

With unsavory  tactics like this being employed by Pro-Issue 2 people, it makes you wonder what things will be like if Issue 2 is not defeated.

Currently, the law requires the license suspension of someone that is behind in child support.  The purpose makes sense but the goal (having child support paid) is not met.  Why not give a judge the authority to grant limited driving privileges for work?  In this fashion, the parent in default can go to work and begin making child support payments.  If the person is not working, then that person does not get driving privileges.

There are many other examples that currently require a suspension that could be “tweaked” by giving the Court the power to make necessary adjustments.  We would still oppose giving someone unlimited driving privileges as the suspension would be meaningless otherwise.

In this economy, the law needs to look at ways to allow someone to work and meet their financial obligations.  Otherwise, the penalty is ignored, the person keeps driving and we all end up paying more and more.  Giving the Court some flexibility seems to be a common sense approach.

Keep in mind, the Jury did not find Casey ‘innocent’ and people need to keep that in mind.  The Jury simply stated that the State of Florida failed to meet its burden of proving “beyond reasonable doubt” that Casey killed the child.  The Jury made its decision based on the evidence and law that was presented to them as opposed to the “analysis” by talking heads.  A Jury is to make a decision on the evidence and the law only.  The jury was not aware, nor should it have been made aware, of the issues/fighting between the defense attorneys and the prosecution.

I am mindful that we are dealing with the loss of a child which inherently creates great emotion on many levels.  However, if our justice system is to work, we cannot condemn nor ridicule those that participate as jurors.  Otherwise, we end up with justice by majority rule or even worse, mob rule.

This story is not over as a civil suit is pending.  Casey will then be made to testify under oath.   Whether or not she tells the truth, we may never know.  We will at least be told her version of the story.

Kelly Mullen of Cincinnati shared the responsibilities of parenting her daughter, Lucy, with former partner Michele Hobbs while the women lived together.  There was testimony that Ms. Mullen agreed to share custody of the child, even stating ‘I consider Michele Hobbs as my child’s co-parent in every way.’  However, once the relationship between Mullen and Hobbs ended, Mullen refused to share custody of her biological daughter with Hobbs.

The majority of the Court noted that though Mullen agreed to share custody, she never executed any documentation to formalize that intent.  The fact that documents were drafted and given to Mullen to sign and her refusal to do so swayed the majority of the Supreme Court to conclude that the intent to share custody was not present.

Justice Paul Pfeiffer, in his dissent, wrote “The law has not caught up to our culture, and this court has failed to craft a rule that addresses reality”.

Do you agree with the majority decision or the dissent?  Let us know.

I am not opposed to anyone working to age 76 or longer, if they wish.  But, I do have a problem allowing someone to serve as a judge at that age. The practice of law is very demanding, not for the faint of heart and requires great patience. I have come across many older judges that I thought did an excellent job while younger judges performed poorly. However, more often than not, sitting as a judge for too many years leads to complacency, lack of tolerance and entrenchment. Many times judges are angry that a matter has not resolved yet they never stop to think that because matters do not get resolved, that leads to his or her employment.

I have respect for all judges but see no legitimate reason to allow a judge to reamin on the bench another 6 years. If, upon retirement, a judge wishes to stay busy, they can join a practice, volunteer their time to the community or take up some other activity. Staying in the courthouse should not be an option.

In addition to being traumatized by an auto accident, many people are frustrated by the delays and denials by insurance companies. Having a car accident attorney can help. Whether it is keeping your claim moving through the insurance maze or suing to get just compensation an experienced car accident lawyer can help.

It will cost you nothing unless your case is settled. Call us at 614-222-4444 or fill out a case evaluation form today and get free advice about your accident from one of our attorneys.

FREE LEGAL CONSULTATION with Cecil & Geiser. Click Here!

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Cecil and Geiser: Protecting Ohio!

Sutton vs. Tomco Machining concerned the claims of DeWayne Sutton against his employer, Tomco Machining.   In April 2008, Mr. Sutton was injured on the job.  Within one hour of telling the company president that he was injured, Mr. Sutton was terminated with no reason being given.  After filing for workers compensation benefits, Mr. Sutton filed suit against his employer claiming that his firing was an unlawful termination in violation of Ohio of law.  The particular law is meant to protect employees from being fired as retaliation for being injured and/or filing a workers compensation claim.  The employer Tomco argued that when Sutton was fired, again within one hour of the injury, Mr. Sutton had not made a workers compensation claim.  In a nutshell, the argument is “we fired him before Sutton made (or even had time to make) a workers compensation claim” so it is okay. 

Had the Supreme Court not sided with Mr. Sutton, Ohio would have permitted businesses to fire any employee hurt on the job so long as they fired the worker before the worker filed a claim.  I can just see the company handbooks being re-written to include a paragraph:

 If an employee is injured on the job, take the following steps, in this order:

  1. Call for medical assistance;

  2. Contact the Human Resources Dept. or immediate supervisor to inform the injured worker that he/she is fired;

I cannot explain the thought process of the three Justices that felt the actions of Tomco were okay.  This did not come as a surprise though since these three Republican Justices routinely find in favor of businesses and insurance companies over the interest of injured workers and other citizens of Ohio.

Ohio has a workers compensation program to protect workers and employers.  However, with more and more intrusion by business and our current Governor’s passion to bow to his business cronies, workers are at a disadvantage.  If you have a workers compensation question, contact the law firm of Cecil & Geiser.

Ohio Consumer Counsel is an office of attorneys with the sole duty of protecting Ohioans from big business and state government.  Ohio Consumer Counsel fights to keep unfair practices, charges or other actions from harming “the average Joe” that cannot afford to fight Big Business on smaller matters.  For instance, Ohio Consumer Counsel investigates the reason behind any rate increase requested by a utility company.  But for this office, utilities would gouge Ohioans at every chance.

Cecil and Geiser hope the Republican controlled Senate will remember that it is the job of its members to work for all citizens of Ohio and not just the companies donating to campaigns.  Maybe if some of the Senate were to lose their jobs next election, they would have a greater understanding of what is best for Ohio.

It is difficult to express an argument that would support a judge issuing such an order.  Whether a judge or lawyer agrees or disagrees with legislation should have nothing to do with continued employment.  At Cecil and Geiser, we have many different points of view and people are free to express those points of view.  I, myself,  sometimes have strong opposition to the views of some of my staff.   However, I would not think of telling someone to stop expressing their thoughts or risk losing their job.

Being a judge is not always an easy task.  It is not made any easier when directing employees to quit an organization simply because the judge has a different point of view.  Hopefully, this matter will be resolved without any further thought.

This argument reminds one of the play ground; “well Tommy did it first”. Because Bob Evans may or may not treat people fairly is no justification for the poor treatment of workers somewhere else.

Here is a novel idea for John Kasich; why not have the State of Ohio be the role model for how workers should be treated and use this treatment as an example to businesses coming to Ohio. You can tell these businesses that happy workers are productive workers. In the end, isn’t that what an employer wants?

This combined with Governor Kasich’s “dumb cops’ gaff and  the comment” we don’t need your people” to the African Americans of the General Assembly shows a pattern of disdain for people who aren’t like him and his corporate buddies who financed his political ambitions.

I have written before that I support the idea of state workers, teachers, law enforcement and the like contributing to the cost of their insurance and retirement benefits.  From what I have read and heard, none of these fine individuals are in disagreement.  All realize that the state of Ohio is in financial straits (not because of these plans or benefits but because of Wall Street investments -wasn’t Gov. John part of that mess??).  However, losing the right to strike has NOTHING to do with balancing local budgets.  It has EVERYTHING to do with political vendettas.

I  hope that all of those people who have opposed S.B.5 will remember who voted in favor of this bill come this November and the next two Novembers.   It will then give all of those affected by S.B.5 the chance to show the power of the ballot.

In a new study of underride guards performed by the Insurance Institute for Highway safety concluded that the guards fail too often and cause unnecessary injury and death to occupants of cars and other passenger vehicles. The underride guard is placed on the back of trailers and trucks for the purpose of stopping cars from going underneath them in a rear end collision. While the front ends of passenger vehicles are designed to withstand tremendous energy from wrecks, that protection does not extend to upper parts of the car. The National Highway Traffic Safety Administration (NHTSA) estimates that about 423 people die and more than 5000 are injured each year as a result of hitting the back of trucks.  In 2009 70% of the 3,163 of all the people who died in large truck crashes were occupants of cars or passenger vehicles.
The study found that even the best underride guard left the trailer vulnerable to severe underride and all of them can fail, even at low speeds.  While safety standards in passenger vehicles have vastly improved as a result of government regulations, the safety standards for trucks have not. Crashing into the rear of a tractor trailer even at low speeds with a passenger vehicle, even one with state of the art safety features, will likely result in injury to the occupants of the passenger vehicle.   Adrian Lund the Director of the Insurance Institute of Highway Safety is quoted, “damage to these cars in some of these tests were so devastating that’ it’s hard to watch the footage without wincing. If these had been real world crashes there would be no survivors.”

What you can do

• Make sure you and your family is safe. Keep safe distances from the rear of trucks.

Since there is no way to see around them and you can’t see what they see, make certain you have enough distance from the back of the truck to come to a safe stop in the event of a sudden traffic stop.
Be cautious when you pass a truck. They can’t always see you especially when you are close behind them.

• Contact your representatives and let them know you support the safety regulations being introduced by the Insurance Institute for Highway Safety. You can bet that lobbyists representing trucking companies interests will be fighting this in force. This is about your family’s safety, not a few extra dollars it costs to add a more secure underride guard.

Contact Cecil and Geiser if you or someone you know is involved in an accident with a tractor trailer. The consultation is free and we don’t charge you unless we settle your case. Cecil and Geiser, protecting Ohio!

Further, the proposed legislation will undermine Governor’ Kasich’s promise to fix Ohio’s financial crisis.  On a national level, medical errors cost Medicare approximately $4.4 Billion annually (U.S. Dept. of Health and Human Services, Office of the Inspector General).  Preventable medical errors that do not result in the patients’ death almost always require the injured patients to seek further care, and in many instances render the patients unable to work or earn a living. The cost of that medical care and lost income will regularly be passed on to the taxpayers through increased state Medicaid spending and other governmental safety-net programs, thus adding to Ohio’s budget crisis. Ohio law has always required that the responsible party must pay for the medical care and lost income caused by the malpractice, not transfer that obligation to the taxpayer. SB 129 will turn 208 years of common sense law upside down.

History has shown proposed SB 129 to be a bad idea. In Texas and Georgia, for example, where such laws have passed–allowing emergency doctors to practice with little to no accountability, the quality of emergency care plummeted.  According to the American College of Emergency Physicians Report Card on Access to Emergency Care, both Texas and Georgia received failing grades for access to emergency care. Ohio‘s grade exceeds the grade of all five states that currently have emergency room immunity laws.

Studies have proven that over 98,000 preventable deaths occur each year in America’s hospitals. This number does not include people who were severely injured and left with a life time of disabilities, medical bills, and lost wages. Lack of accountability will attract doctors to Ohio who had difficulty buying insurance elsewhere because of a history of significant medical mistakes.  Ohio does not want to attract bad doctors to the state.

Because proposed SB 129 will increase the tax burden to Ohio’s taxpayers, attract bad doctors to Ohio, and decrease the quality of care delivered in Ohio’s emergency rooms and urgent care centers, the Bill is a bad idea and should be defeated.

Proponents suggest the Bill is necessary because emergency doctors sometimes have to make quick decisions.  But that is exactly how ER doctors are trained, and why they are paid well. Proponents also suggest that this bill is limited to circumstances where a disaster strikes Ohio.  That is simply not true. Immunity under SB 129 is conferred to all doctors who see patients in the ER setting, even under routine circumstances.

Currently, under Ohio law, doctors and hospitals have plenty of protection from unnecessary lawsuits. A lawsuit cannot be filed against a doctor or hospital unless a competent physician reviews the records, comes to an opinion about the care, and executes an affidavit under oath stating that the care failed to meet acceptable medical standards. So, only physicians can trigger a medical malpractice lawsuit in Ohio.  Further, there are caps on the amount of damages a hospital or doctor can pay, irrespective of how badly injured the patient was.  And, the number of claims against doctors in Ohio is at a historic low.

As I understand the battle in Wisconsin,  the governor wanted state employees to pay more for their retirement, pay more towards their health insurance and take away the right to collective bargaining.  His argument was that each was necessary to balance the budget and to get Wisconsin’s fiscal house in order.  The unions agreed to the membership paying more for the retirement and health benefits but would not agree to dismissal of the collective bargaining.

I have followed this story closely and I have tried to see both sides.  I have watched/listened to commentators from CNN, FOX and the national networks.  None of the commentators nor any news clip of the Wisconsin governor have been able to explain how doing away with collective bargaining will solve the budget crisis.  In fact, the more I observe/listen, the more convinced I am that this is nothing more than an attempt at union busting.

If this is not union busting, then why do supporters of  Gov. Scott Walker’s efforts want to include an amendment preventing union dues from going toward political campaigns?  Why require a “re-affirmation vote” every year?  What purpose do either of these proposals serve towards balancing the Wisconsin state budget?  If a union does not send money to a political campaign, will that money suddenly appear in the state coffers?  No, of course not.  So what purpose is really being served?

Unions and collective bargaining can and have been abused.  But we learn as children not to cut off our noses to spite our faces.  Besides, I bet if you thought about it for 5 minutes or less, you can think of situations where unions and collective bargaining has worked.  The Columbus City Council has come out opposing Senate Bill 5 indicating that collective bargaining does work.  Time and time again various  unions have agreed to forgo contract raises due  their membership, in an effort to help the local municipal budget.  School teachers likewise have agreed to pay freezes when a levy is not passed.  Under these scenarios, the state employees have agreed to accept the fact that the “money is not there”.

The actions of Governors Walker and Kasich do not pass the smell test.  They are engaged in union busting plain and simple.  “You can put lipstick on a pig - you still have a pig.”

I talked to a lawyer and he said my case was not worth his time. I was at a point where I didn’t know what to do.  My shoulder was hurting and the doctor told me I would need surgery if all other treatments failed. I received a letter in the mail from Cecil & Geiser and I gave them a call and explained everything to them.   They accepted my case and were able to resolve it.  My settlement was $45,000 and I believe without them I would not have received anything. I was able to pay my medical bills and time off work.  Through the whole experience they made me feel welcome and always at ease and always explained everything in a way that I could understand. I would not hesitate to recommend this law firm to any one.

The United States Supreme Court recently issued a ruling that will make it possible for consumers to sue the auto industry for seat belt design flaws.   In a case against Mazda Motor Corp., the Court ruled that automakers do not have immunity based on a federal regulation which permitted lap only belts in the rear seats prior to 2007.  The Court held that the regulation was a minimum standard only and that states could require more stringent standards.

This ruling is significant because it gives consumers and consumer law firms  the chance to pursue claims which were previously thought to be unwinnable. when the law seemed to read that the federal regulation was the standard.  This case has changed that and explains federal regulation is only a minimum standard.  Now, state courts and juries will have the opportunity to hear evidence that greater safety can be achieved but that the automakers refused these safety measures in order to reap greater profits.

With product liability cases becoming tougher and tougher  to pursue, this ruling is a win for all citizens.  Corporations should not be able to get by using minimum protective devices when greater safety features are available.

If you have questions about product liability claims, contact the attorneys at Cecil & Geiser.

So what should you do about your medical bills? Keep in mind that you incurred the medical bills and you will get the negative marks on your credit report if you don’t pay the bills.

If you have health and automotive insurance:

• Use your medical insurance to pay the medical bills.
• Use your auto insurance to pay the portion of your bills that are not paid in full by your health insurance.
• Have your medical providers submit your bills to Medicare or Medicaid if you have those benefits.

Keep in mind that you will have an obligation to repay any entity that pays your medical bills from the proceeds of the settlement that you receive from the company that insures the person who caused the accident.

If you don’t have health insurance, you may still have options:

• If you have a limited income, you may qualify to have your bills discharged by the hospital under a federal program called HCAP.
• The Ohio’s Victims of Crime program may pay the medical bills a person incurs for treatment of injuries caused by a drunk driver.
• Many hospitals and medical providers may agree to wait until your case settles especially if your lawyer sends a Letter of Protection, which is a letter from your lawyer promising to pay your medical providers at the time your case settles.

If you were injured in an automobile accident where another party is at fault it is advisable that you seek legal council. If you have questions about automobile accidents or medical bills after an accident contact the law firm of Cecil and Geiser. Cecil and Geiser, Protecting Ohio!

How to use Medical Payment Coverage if you do not have health insurance

• Use the medical payments coverage carefully.  An injured person who goes to the emergency room after a car accident will usually have a large hospital bill due to a ER visit.  There will also be a few smaller bills from ER physician who treated you and the radiologist who looked at your x-rays. You may also receive a bill from the ambulance that took you to the hospital.  These bills will usually be much smaller than the hospital bill.

• Use your medical payments insurance to pay the smaller medical bills.  That way, you will have additional money under the medical payments provision so you can pay for prescriptions, and you will also have money so that you can see your doctor.  In short, don’t use your med pay money to pay your big hospital bill.  Plus, hospitals will usually agree to wait for payment until you settle your auto accident case.

Medical payments coverage is very inexpensive. Ask your agent how much med pay you have.  We recommend that you have at least $5,000.00 in med pay. Med pay is very useful after a car accident.

If you have questions about Medical payment coverage contact Cecil and Geiser. Cecil and Geiser, Protecting Ohio!

No doubt pensions, benefits and salaries are hard to pay into right now because of our economic condition.  However, to blame state and municipal workers for Wall Street mismanagement or poor investments by the pension managers is unfair and misleading.

In  law school, each student is required to take Contracts 101.  A basic premise of that class is that contracts are to be enforced unless there is a misunderstanding or some other flaw in the contract.  Changes in economic circumstance is not a reason to ignore or rewrite a contract.

The State of Ohio and many cities agreed to many contracts over the years with the employees.  In return, the employees performed their jobs as assigned.  It is no excuse now to cry “we can’t afford to pay” or “you  are getting too much” in an effort to void those obligations.

Workers across the state know we are in tough economic times.  In many instances over the past few years unions and other workers have agreed to pay freezes instead of arguing for enforcement of the contract terms. They have been asked to sacrifice and more often than not they did.  Teachers, state and city workers, police and fire fighters are our neighbors and deserve our respect. Our elected officials should be treating them with dignity, not contempt.

Cecil & Geiser routinely speaks  to parties in a dispute about the need to work together for a compromise.  In our experience, open and honest dialogue leads to both sides giving in a little so that any hardship is minimized.

The personal injury law firm of Cecil & Geiser encourages the Ohio legislature to look at compromise and sit down with the many unions and representatives to work towards a common goal.  Staying on the path of “Get on the bus with me or get run over by it” will in the end cause much more damage than what is seeks to correct.

You also need to know how much insurance you have.  The state minimum for liability insurance is $12,500 for personal injuries and $7,500 for property damage.   Buying the state minimum may be legal, but it is not enough insurance to protect you if you cause a serious accident.  Many people have policies that will pay an injured person up to $100,000.  It might be wise to consider purchasing extra insurance protection on top of your regular auto insurance policy.  This additional insurance is called an umbrella policy which may be a million dollars or more.

You may also want to discuss with your agent whether you have medical payments coverage.  With medical payments coverage, or med pay, your insurance company will pay medical bills for treatment of injuries from a car accident regardless of who caused the accident. The limit is usually $500 to $5,000.  People usually use med pay to pay medical bills that their health insurance does not pay in full.  You may want to have $5,000 in medical payments coverage which should be sufficient in most cases to pay the balances of your medical bills after your health insurance company has paid its share of the bills.

These truck drivers may also have medical conditions that cause them to be fatigued.  In some cases, the truck driver may be overweight and suffer from sleep apnea.  A truck driver will become fatigued behind the wheel if sleep apnea is not treated properly. Trucking companies usually know when their drivers have medical conditions that may impair their driving and it is the duty of these companies  to make sure that their drivers are safe. Some truck drivers try to fight the fatigue by taking stimulants.  This may energize the driver initially, but stimulants may cause the driver to be even more tired when the stimulant wears off.

We recently helped the family of a woman who died when a tractor trailer overturned onto her vehicle on Interstate 71 in Cincinnati, Ohio.  The company that insured the trucking company had their lawyers at the scene of the wreck within hours.  Our accident reconstruction expert took pictures inside the truck which demonstrated that the driver was taking medications and our expert also took photos of receipts and documents in the truck that helped prove where the truck driver had been in the days before wreck.  It is important to get these documents as soon as possible because  trucking companies are only  required to keep documents like log books for  6 months.

Most truck drivers do a great job and they are very well qualified. When you consider that tractor trailers can weigh up to 80,000 and travel at 65 miles per hour, it is easy to understand how much damage they can do, especially when driven by an impaired driver.

There was a recent article in the Columbus Dispatch (Saturday, January 29, 2011)  about motorists driving without auto insurance.  The Dispatch reporter, Holly Zachariah, cited a study from the Ohio Insurance Institute that 12% of motorists are driving without insurance.  Sadly, Michelle Kazlausky was riding her bicycle in the Pelotonia Tour for Cancer when she was struck by an uninsured motorist.  The motorist claimed that he struck Ms. Kazalausky because his brakes failed.  Ms. Kazalausky died as a result of the trauma from the accident. The wreck happened in Hocking County.

Ms. Kazaukausky had purchased uninsured motorist coverage on her automotive insurance policy. Her policy covered her even though she was on a bicycle at the time. This is a little known benefit of uninsured motorist policies.

The story brings into the  light the fact that there are too many Ohioans that are driving without insurance and, as Holly Zachariah pointed out,  people have the right to pursue an uninsured motorist claim with their own insurance company even if they were not in the insured car when they were injured. In other words, your uninsured motorist coverage follows you even if you are not in a car.

Sadly, Michelle Kazalausky’s story shows how terrible things happen to good people. Auto insurance is extremely important to have not just for yourself, but for your family.  Having uninsured motorists on your policy is a wise purchase. 12% of motorists are uninsured in Ohio. That creates very real risk for you and your family. For more information about liability insurance, or uninsured motorist insurance coverage, call Cecil & Geiser at 614-222-4444 or email us at info@ProtectingOhio.com. Cecil and Geiser, Protecting Ohio!

Insurance companies could be hiding the truth from you

In some cases, the insurance company will provide misleading information. We have had 2 recent examples of this;

1. A claims adjuster told me that their insured had $50,000 in coverage. However, we later learned that there were two policies and the total insurance for the combined policies was $100,000.
2. The adjuster stated that their insured had $250,000 and neglected to mention that there was a separate policy providing 1 Million Dollars in additional insurance.

We even had a case where the negligent motorist had the benefit of three separate insurance policies.  This person had his own auto policy, and he was driving another person’s car and the owner had his own policy.  The motorist also had the benefit of his parent’s policy.  The policies can often be combined together unless the policies have language that prevents stacking one policy on top of another.

A good lawyer can help

Usually, after a car accident most insurance companies will refuse to provide the insurance policy limits claiming privacy concerns. The insurance company may not tell you how much insurance is available, but they will usually provide that information to an attorney.   Insurance companies know that a lawyer can simply file a lawsuit and use their subpoena power to force the insurance company to disclose the policy limits.

Tips to getting accurate insurance information

Ask the claims adjuster to provide you with;

1. a copy of the insurance policy
2. a certified copy declarations page.

If they refuse to provide the policy and declarations page call Cecil & Geiser.

Whenever lawyers or law firms anywhere take such courageous stands, it is a proud moment for all of us. The law belongs to the people and not simply to those in charge.

Cecil and Geiser salutes the success of the revolution and hopes that these brave lawyers are included in creating a government with laws for all Egyptians.

The statistics don’t lie.  Studies have shown that motorists who are distracted by texting are far more likely to be involved in a fatal accident.  In fact, recent studies have shown that people who text drive as poorly as drunk drivers. 

I recall a case involving a car accident in Gahanna which happed because the driver was applying makeup while driving. She drove through a red light and smashed into a young man who suffered a life changing  brain injury. The case settled for 1.2 Million Dollars which was all the insurance available to the at fault driver.  But the brain injury will never heal completely.  The bottom line is that drivers are not very good at multi- tasking.  A car becomes a weapon if it is being driven by a distracted driver.

We have represented motorcyclists who have been injured in accidents all over the state of Ohio.  We recently settled a case for a motorcyclist who sustained a fractured femur when an elderly lady turned left in front of him in Franklin County.  In a strange twist, the insurance company for the at fault driver refused to accept responsibility for causing the accident.  We filed a lawsuit and took the other driver’s deposition during which she admitted she was not wearing her glasses at the time of the wreck.  She simply did not see my client although she claimed that he had to be speeding because she did not see the motorcycle.  The judge ruled that the other driver was 100% responsible for causing the wreck. The case latter settled for $240,000 and my client received $157,000 after all was said and done. 

I have been riding motorcycles for more than 20 years.  I have never had a wreck but I realize that I have been lucky.  Most motorcycle accidents happen in the blink of an eye because a person driving a car simply does not see the motorcycle. Always assume that the car stopped at the intersection  ahead of you will pull out in front of you.  Always assume that the car approaching you from the opposite direction is going to turn left in front of you.  Always assume that the car approaching from behind is not going to stop.  Always give yourself a way out.

So why didn’t his agent tell him that he could receive up to $250,000 for his injuries?  Insurance companies have a duty to their shareholders and owners to make money.  Insurance companies are corporations driven to make profits, which means they need to pay as little as possible to settle insurance claims.  

Are all claims adjusters and agents bad?  No.  Some agents and adjusters do a great job.  Agents and adjusters occasionally refer people to me!   After an accident your insurance agent and adjuster should tell you how much insurance coverage you have.

If you were injured by an uninsured motorist, your company should tell you that you are entitled to compensation for economic damages such as your medical bills and lost income. You are also entitled to compensation for non-economic damages for things like physical pain, emotional suffering, the extent of the injury, the impact on your daily life and hobbies,  and whether the injury is permanent.  The red flags should go up if your insurance agent does not tell you about the money you are entitled to receive after an accident caused by an uninsured motorist.

In Columbus as well as most of Ohio, business owners are not responsible for injuries to people on their property as a result of falling or slipping on ice.  We agree that it makes sense to shovel the snow and apply salt or de-icer but Ohio law does not require a store owner to take these simple steps.  Instead, the law states that a business is only liable for any injury which results from an “unnatural accumulation” of snow or ice.  When 4 to 5 inches of snow falls or an ice storm passes through, these cases become very tough to prove.

If you have been injured as a result of falling on snow or ice, call the personal injury firm of Cecil & Geiser.  Our attorneys will listen to the facts and give you our opinion regarding whether or not we can help.  If we can help you, we will gladly do so.  If we cannot, we will tell you that up front.  There is no charge for this consultation.

Cecil & Geiser, Protecting Ohio.

Unlike an injured adult, when a minor is injured the local Probate Court has jurisdiction over any settlement.  What this means is that a settlement needs to be approved by the Probate Court before a binding agreement can be reached.  This is true even if the parent or guardian wishes to settle the case.  Regardless, the Probate Court must approve the settlement in order for it to be binding.

Getting Probate Court approval increases expenses and lengthens the time until settlement.  Some insurance companies will not require Probate Court approval if the minor settlement is under $5,000.  The company will take the risk that the child will no longer assert a claim.  In many instances this is not too great of a risk.

Another issue that is different is that the case belongs to the child even though the child has no real say in  the matter until he/she reaches the age of 18.  Since the money is for the child, it must be placed into a bank account approved by the Probate Court.  If the child wishes to have any of the money before he/she turns 18, they must ask the Court for permission to withdraw some of the money.  The Court may require a hearing for the minor to explain why the money is needed.  Many Courts will allow money to be withdrawn for education activities or health care needs that the family cannot afford.  However, most Courts will not allow money to be taken from the account for material goods such as a TV, car, clothing or vacation.

If you have any questions about injuries to a minor or representing a minor, call Cecil & Geiser, LLP.

Cecil & Geiser, LLP has been advocating for Ohio citizens since our inception. As a personal injury firm located in Franklin County but with a practice covering all of Ohio, we believe Courts should protect all Ohio citizens. Reports have surfaced that as many as 40% of foreclosures are invalid since they have not complied with the law. If this is true, we see nothing wrong with having an attorney certify that the documents he or she presents to a judge are valid and lawful. While this process may take a little bit longer, what is the harm? If a family is losing their home, is it too much to ask that the bank or other institution follow the law in the process?

Cecil & Geiser, LLP applauds and supports these local judges and all other judges across Ohio that make sure the law is followed. There is no reason to allow a foreclosure or any other legal process circumvent the safeguards put in place to protect consumers.

In our experience, the loans charge outrageous and excessive fees, interest or other charges. Some companies claim to have very low rates but then charge a tidy sum for “processing” the loan. It is not uncommon for a client to seek to borrow $5000 but only receive about $4000. The “missing” $1000 has paid the up front charges such as document preparation, expenses and the like.

To add insult to injury, the loan must be paid back within say 6 months or the interest rate and charges begin to add up. That $5000 loan could ultimately cost $8000 to $10,000 in the first year or two.  If the typical auto accident claim takes one to two years to resolve, you can see that the costs can be staggering.

The personal injury attorneys at  Cecil & Geiser do all that we can within the bounds of our profession to assist our clients. In keeping with this philosophy, we try to convince our clients to stay away from these companies. A personal injury brings with it enough problems without adding one more problem for the client to deal with in the future.

How many times did you hear a candidate say “we need to cut spending and trim the budget”.  Every candidate said this.   I never heard one however, answer the question “so how do you propose to cut spending and what portions of the budget will you trim?”  Each and everyone said something about “we need to look at the budget” or “I have some ideas that I will share once I get to Washington” or the like.  If the person is running for office under the banner of “trim the budget” don’t you think that they should have at least looked at the budget and have some idea before getting elected?  Can you imagine going in for surgery and having the doctor tell you “I have some idea of what I am going to do but I won’t know for sure until I cut into you.”  Would your really let this person operate on you if this is the response given?

Frankly, I think I would vote for someone that said “times are hard.  We need to raise taxes and reduce some of our spending on X or Y”  At least I feel that he/she is being honest and telling me what they think.  Instead, we continue to elect people based on unsupported promises that never seem to come true.

These are my thoughts, tell me what you think.

On Sunday and Monday I listened to some sports radio shows.  Many of the callers were questioning why teams such as OSU would bother scheduling a team like OU other than to add an easy win.  While I understand this thought process, I don’t think that it holds true with OSU and Jim Tressel.

First, OSU needs to play somebody other than Big Ten teams.  If OSU played only big time schools every weekend,  I don’t know how it would survive the rigors of the Big Ten schedule.  Keep in mind, Miami was no pushover and injuries did occur in that game.

More importantly, by playing in-state schools Jim Tressel is “sharing the wealth” with these schools.  I don’t know the figures but I read that OU was paid in excess of $800,000.00 for that one game.  Think about that for a minute; that is probably more than 1/2 of the OU football team budget for the year.  Doesn’t it make sense to pay that money to an Ohio school instead of a similar school from another state?

Share your thoughts.  Do you think OSU should simply play Big Ten and top 20 teams or do you think Tressel and OSU are doing the right thing?

Virgil Mitchell III, of 245 S. Washington St., was charged in Delaware Municipal Court with four second-degree misdemeanors for allowing his animals to run free and causing serious physical harm to a person. The charges carry a fine of up to $750 and up to 90 days in jail.

He also was charged with four counts of letting his animals run at large – a separate charge than the counts involving bodily harm, four counts of failing to register the dogs, three counts of failure to have his dogs vaccinated against rabies and one count of having too many dogs. All are minor misdemeanors that carry a maximum fine of $150.

According to the article, this is not the first time this owner has been issued a citation due to his dogs running loose.  Clearly this is the worst attack reported.

I am a dog lover and currently own a dog.  I think my dog is well mannered and trained.  However, if he were to harm someone, I would not hesitate to take swift action to see that it never happened again.

Mr. Mitchell will appear before a local judge to answer to the charges.  I doubt that he will get much in the way of jail time but I hope the judge gives it strong consideration.  If Mr. Mitchell is employed, I would hate for him to lose his job.  However, that does not mean he should not get jail time.  In my opinion, about 8 to 10 weekends in jail and a substantial fine would be appropriate.  Additional time could be held over his head.

The Court should also find that Mr. Mitchell can never own a dog or allow one to be in his residence.  This fellow has shown that he is not capable of raising or keeping dogs.  No one should give him “just one more chance”.  The next time could be fatal.

Tell me what you think.

Next time you feel that asking an attorney to help you get fairness and justice is somehow wrong, go to the below website.  Enjoy.

http://georgiajustice.blogspot.com/2010/09/world-without-lawyers-watch.html

Spiller had discovered cash and certificates of deposit from a longtime friend who had just passed away. The items were found in a dresser drawer owned by her friend in the home the two had shared for many years.  Spiller attempted to redeem a $30,000 CD issued to Spiller and payable upon the death of her friend.

The bank refused, saying it had no records of the account, which originated in the 1970′s.  The bank could not prove that the account had ever been closed or that the CD had been cashed.

The court majority, including current Justices Maureen O’Connor and Judith Ann Lanzinger, sided with the bank. Both are running for the Ohio Supreme Court this November.

Think about this for just a moment.  If you set aside CD’s or bonds for your children or grandchildren that are to be redeemed upon your death, how are they supposed to prove you did not cash the CD?  The bank can simply say “we have no record of the account” and now, under this Court, your children must prove you did not cash the CD.  Does this seem fair?  Would it not make more sense to require the bank, with all of its computers, record keeping and transaction sheets, to prove that the account was closed or cashed out?  This is especially true in a scenario such as with Ms. Spiller who knew nothing of the account until her close friend had passed away.  Further, since the CD was not payable until the death of her friend, which means she has no lawful claim until the death, what could she have done before hand to protect herself?

Does this seem fair?  Can we afford to have O’Connor and Lanzinger for 6 more years, siding with the banks and insurance companies against ordinary citizens like Ms. Spiller?  Don’t we expect the courts to protect us from such injustices as faced by Ms. Spiller?

If you have auto insurance or home owners insurance, you expect it to protect you and your family.  Anyone after that is OK but lets face it, we want to protect our own first.  That is not being selfish, it is reality.

Did you know under current Ohio law, your insurance may not protect your family but will protect a stranger?  That is what the Ohio legislature has allowed and this has been permitted by the Ohio Supreme Court.

Many policies now have “Family Exclusion” clauses which hold your coverage is not available if a family member is injured because of your negligence.  What does this mean? If you are driving your car with your family, you stop to pick up a stranger and then you crash due to your negligence, then guess what?  The STRANGER can make a claim against you for injuries but your family members cannot.  You pay for the insurance, you want to protect your family and your policy will not allow it.

The same sort of exclusion may be in your home owners policy.  You cut down a tree limb and it accidentally falls on your child – too bad.  Now if another kid is walking through your yard and the limb hits him, he can make a claim.  Does this make sense?  TELL ME WHAT YOU THINK.

Before it is too late, look at your insurance policies RIGHT NOW.  Call your agent and ask if your policy has Family Exclusions.  If so, tell your agent to find you a company that does not contain these exclusions or find another agent.  If you need some help finding a company, let us know.  We will gladly give you our thoughts.

Apparently, a local judge was in disfavor for not “throwing the book” at one or more persons that had dipped into a public fund for their own personal use.  The host and callers were all irate and wanted to get rid of the judge but did not know how.

Now, I don’t take a position one way or the other about what the judge did as I know nothing about the crime other than what was said on the radio.  I have learned over the years that there is a difference between “what is said and what is heard”.  What I found interesting is the lack of knowledge of the callers about how judges are elected.

It was remarkable to me that callers were saying “I never vote for the judges” or “I don’t know anything about the judges” or my favorite “I never vote for them as they are all crooked with the lawyers” .

I offer simple advice on the issue.  If you don’t know who to vote for, contact a lawyer that you know.  We deal with judges every day.  Do you think I would suggest you vote for someone that thinks differently than I on fundamental issues?  The lawyers here at Cecil & Geiser as well as any other attorney will gladly take 10 minutes out of their day to offer our suggestions.

Don’t waste your vote.  If you don’t know something, feel free to ask us -  if we can help, we will gladly help.

I personally find this practice to be not only distasteful but probably deceitful.  In my 25 years of practice, I have never known of a hospital referring a patient to see a chiropractor.  Though it is certainly possible, I doubt that it is occurring with any frequency.  Instead, I think that ABC Chiropractor is getting a police report, reads that the person was transported to the hospital and then calls the injured person the following day under the guise that the hospital asked them to follow up and schedule treatment.

Don’t get me wrong; I have met many chiropractors that I think are professional, honest and practice with an eye towards improving peoples lives.  They do not lie to people in order to get someone in the door.  Further, any attorney that would be on a chiropractor’s (or any other medical provider) speed dial to run to the chiropractor’s office to sign folks up is just as bad.  I wonder who is really getting “the treatment”

Tell me what you think.  Does this seem like a convenience or simply a “con”

Our second goal is to hear from others.  Are there issues that you wish to discuss or questions that you may have?  Let us know.  So long as not offensive we will post your thoughts on our Blog.

Thank you for checking our Blog and I look forward to hearing from you.

andy

Before going further, I will tell you that I am a registered Democrat.  However, I vote based on the individual and not the party.  Here in Franklin County, I have routinely voted for Republican judges that I thought did a good job and gave my clients a fair chance in their court room.  I have donated money to these judges in their races against Democratic candidates because fairness is more important to me than party affiliation.  Supreme Court Justice Paul Pfeifer, a Republican, can count on my support should he run in the future.  Fairness and balance is all that I ask from a judge or court.

The current Ohio Supreme Court is not a court where I believe my clients receive fair treatment.  This court has issued ruling after ruling in favor of insurance companies and businesses to the detriment of ordinary people.  The court has issued rulings allowing health insurance companies to be reimbursed for its payments before the injured party is compensated for the injury, and permitting caps on the damages but not allowing the attorney to tell the jury that there are caps on damages (how would you like to spend 5 to 6 hours deliberating on what to pay an injured victim and then find out that you could only award “x” dollars regardless of your decision?)

The latest ruling by this court allows a police officer to issue a speeding ticket based on the officer “seeing” the car and determining that the car must have been speeding.  In the case at issue, the Supreme Court ruling allowed an officer to testify that a car was going 70 mph in a 60 mph zone.  Do you really think any officer can determine a difference of 10 miles per hour when vehicles are going that fast?  Can any of you watch a baseball game and determine how fast the pitcher is throwing the ball?  That is about the same speed involved.

Go to http://www.youtube.com/watch?v=FrGD_b8LZLI to see how this story made NATIONAL NEWS for its outrageousness.  Ask yourself if you think you can tolerate 6 more years of decisions like this and the others mentioned above.

For more information you can contact me at acecil@ProtectingOhio.com or go to www.VoteToEndInjustice.com.

There is pending federal legislation to help individuals who have been injured by medical devices. This proposed legislation is known as the Medical Device Safety Act of 2009 (“MDSA”) and it was introduced over a year ago. As of the date of this newsletter, neither the House of Representatives version, nor the Senate version of the MDSA has been passed. Without approval of the MDSA, it will be very difficult to defeat any corporation making harmful devices including Medtronics. Please, please contact your Congressman and both U.S. senators and ask them to support the Medical Safety Act of 2009. If ordinary people do not make the contact, this legislation will die along with the people using the defective devices.

Visit www.senate.gov or www.writerep.house.gov to contact your senators and congressmen.

My 78 year old father was seriously injured when he was knocked out of the back of his pick up truck after being hit in the head with the bucket of a backhoe. His back was broken in several places which required neurosurgery. He had a head injury, multiple abrasions and a rotator cuff tear. His injuries and complications that followed required two hospital stays at Grant Medical Center, a nursing home stay and rehab before he was able to go home. He still required follow-up care for several months.

After learning that the backhoe operator had medical issues that perhaps contributed to my father’s injuries, I got dad’s permission to contact an attorney. Thankfully, I found Mr. Geiser. He reviewed my father’s medical records, interviewed my father, and researched the case. When the backhoe operator refused to accept responsibility, Mr. Geiser proceeded with the case. He recognized that my father was not used to asking for help and he believed in my father and in his case. Mr. Geiser was able to reach a satisfactory resolution in dad’s case. He treated dad with the respect that he deserves and I am sure that he deals with each of his clients likewise.

Mike was my attorney and he dealt with the trucking company or the insurance companies. Mike handled everything and I was very glad that I hired him. He was very easy to talk to and he kept me very informed about my case. We did not have to go to trial because we reached a settlement of $172,500.00. I trust Mike as a person and as a lawyer.

If an individual has been physically injured, emotionally injured and/or their personal property has been damaged due to someone’s carelessness, recklessness or intentional misconduct the victim can depend on personal injury law to help them gain the compensation they need for their recovery.

An automobile accident is a classic example of an event covered by tort law. If someone hits the back of your car while you are stopped at a red light, that person commits a tort, and is referred to as the “tortfeasor” (French for “wrongdoer”). In the United States that person is generally referred to as the “defendant” once a lawsuit is filed, and the person harmed is called a “plaintiff” or “claimant.”

State law usually governs personal injury lawsuits, but federal law may apply in certain circumstances. Injuries suffered on federal property may fall under the Federal Tort Claims Act and liability for injuries resulting from an airplane crash may be governed by international treaty. A claim for personal injury must prove that an injury has occurred in order to seek monetary damages. For example, if you were to slip and fall, due to someone else’s fault or negligence, you could not recover damages if you were not injured in some way.

The law of personal injury is concerned with determining who may be responsible (who is “liable,” or has “liability”) for causing injury and how much the responsible party should be required to pay for any damages resulting from the injury. Personal injury law can be classified in the following three broad categories, or degrees of fault:

* Negligence
* Intentional Torts
* Strict Liability Torts

Each of the categories is comprised of different types of legal wrongs (or “causes of action”), and indicates a different “standard of care” that may apply to a given incident.
Negligence:

The most common tort, and the one that is most difficult to define, is negligence. Negligence is defined as the failure to use reasonable due care to avoid a foreseeable harm to a person, place or thing. If a person or organization is negligent and their negligence causes an injury to another person to whom they have a “duty of care”, they may be liable to pay for any damages resulting from the injury.

A person or organization may be considered “careless” or “negligent” if they do not use the kind of “due care” that is appropriate to the particular situation in question. For example, a higher level of care is called for if you are pouring boiling coffee into a friend’s glass over his lap than is called for if you are pouring cold lemonade over the kitchen sink. Generally, the law requires that individuals exercise the same kind of “due care” that a reasonable person would exercise under the same circumstances. This is called the “reasonable man” or “reasonable person” standard.

Some common negligence claims involve:

* Slip and Fall
* Alcoholic Beverage Liability
* Motor-Vehicle Accidents
* Medical Malpractice
* Unsafe Premises
* Dog Bites

Product Liability:

Product liability law deals with the liability of a manufacturer, wholesaler or retailer of a product for injuries resulting from that product. This includes the manufacturer of component parts of the product, an assembling manufacturer, the wholesaler, the retail store or the ultimate seller of the product, and any other party in the distributive chain, regardless of whether you actually purchased the item yourself.

Research from the U.S. Consumer Product Safety Commission indicates that defective or unsafe products cause 29.4 million injuries and 21,400 deaths each year. You or a loved one may be injured by something seemingly harmless or something you use everyday, such as a hair dryer, toaster, baby chair, toy, iron, coffee maker, air conditioner, car, hand tool or even your clothing.

Product liability law gives consumers the ability to sue for and recover damages from manufacturers, distributors and vendors for injuries resulting from accidents caused by products. Virtually all products are subject to product liability law and this does not just include items on the store shelves. Products subject to the law run the spectrum from food, pet food, drugs, appliances, automobiles, medical devices, medical implants, blood, tobacco, gases, real estate, writings, maps, and even commercial jets. The U.S. Consumer Product Safety Commission’s Recalls and Product Safety Alerts is a great informational page for consumers and parents.
Other sites that provide safety and recall information about defective products include:

* Find Law Recalls and Safety Alerts
* Recalls.gov
* FDA Recalls
* Consumer Reports Vehicle Recalls
* CPSC Toy Recalls

Products liability claims are tort-based claims that can arise from negligence, strict liability or breach of warranty. However, products liability is often focused on strict liability claims.
Strict Liability:

Strict liability is the term used to describe situations in which a person can be held liable for damages caused to another person even without negligence or other fault. Strict liability means “liability without fault,” therefore a person is liable whether or not they were negligent and whether or not they intended to do any harm. The law imposes strict liability on inherently or abnormally dangerous activities, or activities that are likely to cause particular kinds of harm. A typical example of this type of activity is the use of explosives – if injury results from the use of explosives, regardless of the purpose for which they are used and the care exercised, the operator of the explosives is liable to those damaged by their use.

Strict liability is also often imposed on manufactured products, under the law of product liability. Strict liability claims do not involve proof of whether or not someone acted reasonably or used appropriate care in manufacturing a certain product. Translated to products liability terms, a defendant in a product liability claim will be found liable for damages to a plaintiff if it is found that the product is defective, regardless of whether the manufacturer or supplier exercised great care when designing and manufacturing it. As such, a plaintiff does not have to demonstrate that the manufacturer or vendor was negligent or careless, only that:

* A defect in the product caused the accident.
* The individual was using the product in a manner consistent with the way it was meant to be used.
* The product was not substantially changed between the time it left the seller or manufacturer’s hands and the time it reached the plaintiff.

Even if you are not the original owner of the merchandise you can sue for product liability. For example, if a friend lends you a power saw that turns out to be defective and injures you, you can file a product liability claim against the manufacturer, distributor, wholesaler and/or vendor of the item. Even a company that doesn’t actually make a product, but merely puts its label on it, is liable for any injuries the item causes.

In a negligence claim, a plaintiff must show that a manufacturer, seller, wholesaler or other party involved in the distributive chain had a duty to exercise reasonable care in the process of manufacturing or selling a product and failed to fulfill that duty which resulted in injury to the plaintiff. Negligence consists of doing something that a person of ordinary prudence would not do under the same or similar circumstances or failing to do something that a person of ordinary prudence would do under the same or similar circumstances. Some forms of negligence include:

* Negligence in drawing up or reviewing plans for a product.
* Negligence in maintaining the machines that make the component parts of the product.
* Negligence in failure to anticipate probable uses of the product.
* Negligence in failure to inspect or test the product adequately.
* Negligence in issuing inadequate warnings or instructions regarding the use of the product.
* Negligence in any other aspect of the manufacturing or distribution process where due care is not used.

Breach of Warranty Claim:

A breach of warranty claim arises under the law of contracts, where the law imposes certain “implied warranties” on the sale of goods. Such warranties include the warranty of merchantability (that the goods are in proper condition for use and free of defects), and the warranty of fitness for a particular purpose (e.g., the refrigerator must be able to keep food cold and fresh; the chair must be capable of supporting a person’s weight). These warranties are called implied warranties because the law assumes that they apply even if they are not expressly stated. If a product does not meet these standards, the purchaser may have the right to return it and have the purchase price returned or at times they can receive monetary damages. The law of contracts covers economic loss caused by the breach of warranties in the sale of goods. The Uniform Commercial Code, Article 2, also deals with the sales of goods and the implied and express warranties of merchantability in the sales of goods §§ 2-314 and 2-315.
Personal Injury Damages:

The most significant issue to most people involved in a personal injury claim is the issue of damages. Obtaining fair and just compensation for injuries you have sustained is the primary concern at Cecil & Geiser, LLP. By using our experience and the extensive resources available to us on your behalf, we focus on achieving the highest possible monetary recovery for you.

When a judge or jury finds a defendant liable for wrongful conduct in a personal injury case, the issue then becomes what types of damages are due to the plaintiff and in what amount. As you know, if you suffer a personal injury you will most likely require medical attention and you may need rehabilitation; all of which costs substantial sums of money. You may lose income (and/or have to use up “sick time”) because of the injury and you may continue to lose income while treatment and recovery takes place.

Personal injury victims may have sustained property damage to their car and/or other property. Since they cannot drive their vehicle while it is being repaired they may need to rent one. Car repairs and rentals can cost a lot of money. You may also lose the ability to perform various activities of normal daily living and you may endure significant and on-going pain and suffering.

The law allows you to seek recovery after an accident to “make you whole again.” The central concept is that you should be compensated in a manner that places you back in the same position as you were before the accident or properly compensate you if you are unable to return to your previous position.

In most personal injury actions the plaintiff must have been injured in some way to be entitled to damages. For example, in negligence cases, we must prove that you suffered injury (some type of physical, emotional or monetary harm) for the defendant to be required to pay compensation to you. However, with some international torts (such as battery, assault, or trespass) we may only have to show that the defendant engaged in the unauthorized conduct, without proving that you suffered actual physical harm, in order to recover damages (though damages in these situations are often nominal absent serious injury).

Intentional Torts:

Personal injury caused by a person acting with the deliberate intent to injure another person is an Intentional Tort. This kind of conduct may be referred to as “malicious,” “purposeful”, or “knowingly.” A person who acts intentionally and causes harm as a result will be liable for the harm caused. When someone intentionally harms another person or his or her property, an intentional tort is committed. In general, intentional torts can be classified into two groups: intentional torts against people and intentional torts against property. Among the most common intentional torts that are encountered are the following:

* Assault
* Battery
* False Imprisonment
* Infliction of Distress
* Fraud/Misrepresentation
* Trespass
* Trespass to Chattels
* Conversion

In all matters involving personal injury, it is essential that measures be taken to promptly preserve evidence, investigate the incident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.

If you or a loved one is a victim of personal injuries, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries.

Dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs or a wet floor can cause a slip and fall Outside a building, one may slip and fall because of rain, ice, snow or a hidden hazard, such as a gap or hard to see pothole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility (duty of care) to make sure an environment is safe.

15% of all accidental deaths occur because of slips and falls and they are the second leading cause of accidental deaths.

Slip and fall accidents are the most common type of “premises liability” cases, which center on the question of a property owner’s duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.
Do I have a case?

Slip and fall cases are governed under the law of negligence.

To win a premises liability claim, an injured victim has to prove either, that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and had it removed or repaired. This can often be difficult to prove, since proving when a given hazard first appeared can be challenging.
The following represent some, but not all, causes of action in “slip and fall” cases:

Structural damages: to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles, or torn carpeting can create dangerous situations for visitors to a building. As noted earlier, to prove negligence, we will have to prove that the property owner knew or should have known about the problem and failed to repair it.

Occasionally, negligence can be proven by violation of statute. Building owners must ensure that the building’s structure is in compliance with applicable building codes. For example handrails and other similar structures typically must be installed at a certain general height. If you fall on a stairway that lacked appropriate handrails, and the lack thereof caused your injuries, you may have a valid claim against the building owner for violating building codes.

Weather-related slip and fall: these accidents are difficult cases for injured plaintiffs. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include, but is not limited to, shoveling snow, salting or sanding icy and slippery spots and installing anti-slip devices on outdoor steps. As with other cases, if the landowner has no reasonable opportunity to correct the problem, as where a flash flood has created a hazard, the landowner will not held liable for injuries caused by the hazard.

Work-related Slip and Falls: Slip and falls are responsible for 15-20% of all workers’ compensation costs. There the 3rd largest cause of workplace injuries. Corporations and employers have a duty to protect their employees from every form of injury. This means that they may need to invest in more expensive materials or equipment and they must consistently monitor any possible hazardous areas in their facility. Employers should also educate all of the employees on safety standards and accident prevention.

Comparative Negligence: In slip and fall cases, as with all other negligence claims, comparative negligence applies, O.R.C. Ann. § 2315.17. As a guest on someone else’s property, you are expected to exercise reasonable judgment and caution.

What can I do?

If you, or a loved one have been injured in a slip and fall accident, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

During 1997 and 1998, at least 27 people died as the result of dog bite attacks. Of those fatalities, nineteen (70%) were children between 1 and 11 months, nine were between 1 and 4 years old, six were between 5 and 11 years old, and eight were adults.
Unfortunately, children are attacked even when they follow all of the dog safety rules their parents and schools have taught them.

Ohio has a strict liability dog bite statute that states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully on the dog owner’s property (invitee or guest). O.R.C. Ann. § 955.28. The dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog does not get “one free bite”. The only defenses to the strict liability statute arise where the injured party provoked the dog O.R.C. Ann. § 955.28. In essence, the dog’s owner is an insurer of the dog.

In addition, the old common law approach is also available for injured plaintiffs. Under the traditional approach, if the owner knows or has reason to know of the dog’s violent propensities, the owner of the dog is liable for damages caused by the dog. Due to the enactment of the strict liability statute, this type of theory is not normally employed.
Do I have a case?

If you or a loved one has been bitten or attacked by a neighbor’s dog, a friend’s dog or even a stranger’s dog they can be held responsible for the attack and all medical bills, emotional trauma and any physical disfigurement or disabilities that are a direct result of the dog attack.

If a stray bites you, you have little legal recourse because you must file your claim against a dog’s owner or keeper. Your municipality is not responsible for the dog, even if you have called the animal warden several times to pick up the stray.
What can I do?
In all dog bite cases it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries.

If you or a loved one have suffered a dog bite, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Every medical professional, regardless of the specialty, has a standard of care they must adhere to. All patients deserve the best possible treatment a medical professional can provide. Unfortunately, there are some medical professionals that are negligent or they make a mistake that causes serious health problems for their patient(s).
Medical malpractice does not occur every time medical treatment is not successful.

The duty of a health care professional is not to cure, or even to guarantee a good outcome from treatment. Rather, the duty is to provide good medical care according to accepted standards. Medicine is not an exact science and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or are evaluated by skilled doctors with the utmost care.
A misdiagnosis becomes medical malpractice if health care professionals fail to obtain proper medical histories, order appropriate tests and/or recognize observable symptoms of illness.
Do I have a case?

Medical malpractice is a very broad concept that encompasses virtually every kind of mistake that could be made by a medical professional. The most common cases brought against doctors and health care providers are:

* improper diagnosis
* failure to diagnose
* medication errors or improperly prescribing drugs
* surgical errors, i.e. accidentally severing a nerve during an operation
* medical instruments, sponges, needles or other foreign objects left inside a patient after surgery
* errors in prenatal diagnostic testing
* failure to advise of diagnosis
* lack of informed consent
* abandonment (failure to attend to a patient)
* failure to inform a patient of available treatments
* continuing ineffective treatments
* below standard treatment or incorrectly performed treatment

Medical malpractice can occur at any point in the course of diagnosis and treatment.

A doctor has a duty to use care and diligence to diagnose your illness in order for the proper treatment to be recommended. In order to properly diagnose a condition, a doctor should ask about a patient’s medical history as well as his or her family’s medical history. The doctor also should ask for a detailed description of current symptoms and should perform a thorough examination, including all necessary diagnostic tests.

Doctors also have a duty to disclose information pertaining to the treatment you will receive. If your condition is such that it is beyond the scope of practice of the examining doctor, or beyond the doctor’s expertise, he or she must refer you to a specialist. If your doctor fails to follow these basic principles, and injury is caused as a result, you may have a case for a malpractice claim.

What can I do?

In Medical Malpractice cases it is essential that measures be taken to promptly preserve evidence and thoroughly examine medical records to determine that the nature and extent of your injuries are the result of negligence on the part of your attending medical staff. Moving promptly enables other expert medical witnesses to support the cause of your injuries to establish responsibility.

If you or a loved one have been the victim of Medical Malpractice, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

* A blow to the head
* A penetrating head injury that interferes with brain functioning
* A jolt that causes the brain to hit the front or back of the skull that causes bruising

The human brain consists of billions of microscopic fibers suspended in cerebrospinal fluid. The brain itself, in the cerebral fluid, is like Jello in a bowl. While the exterior of the skull is smooth, the inner surface contains ribbing and pronounced bony structures. The brain is also like a mountain range with jagged peaks and valleys. Impact within these inner surfaces of the cranial cavity causes tearing and bruising that results in brain damage.
Brain injuries occur when momentum of the brain causes it to impact against a skull that has been decelerated.

Typically, TBI is caused by the impact of the head with an object, such as the windshield or dashboard of a car and is considered to be a closed head injury. Closed head injuries may also occur when the brain undergoes a severe forward or backward shaking, as in cases involving whiplash suffered during an automobile accident or with infants who are mishandled. Injuries occur when the brain is bounced back and forth against the sharp, jagged edges of the inside of the skull or cranial cavity. Microscopic tears or bruising occurs to the brain itself, leading to a variety of problems.

Closed head injuries present unique challenges in litigation since they often demonstrate no obvious external symptoms of injury, even though the damage to the brain can be severe. Other, more obvious causes of TBI, are penetrating head injuries, whereby objects, such as bullets, pass through the cranial cavity and damage the brain.
TBI does not refer to brain injuries or defects that are hereditary, congential or degenerative, or induced by birth trauma, toxic substances, or disease producing organisms.
Do I have a case?

A vast array of psychological, physical, and mental tests are available which can determine the location, extent and severity of impairments/deficits within each brain function caused by a head injury. Neuropsychological testing, clinical physiologists, PET scans, SPECT scans and MRIs also provide valuable information about brain injuries. Unfortunately, hospitals usually limit the exam to CT scans and/or X-rays which are not sophisticated enough to detect the injury to the brain.

Those who suffer skull fractures, loss of consciousness and/or coma typically are diagnosed as severe injuries, with obvious physical impairments that are easily verified. Because they have suffered objective physical injuries, their resulting impairments are readily accepted as having been caused by the initial impact. Other cases can be more difficult to prove as symptoms may not be as readily apparent to a jury or insurance company that is unfamiliar with a plaintiff’s normal functioning prior to an accident. An attorney must have a thorough understanding of the symptoms of TBI in order to adequately present a case for damages to a judge, jury and/or insurance company.
Some of the physical consequences that may result due to TBI include:

* Decreased muscle control, paralysis or weakness
* Seizures, occurring immediately after impact or that are latent for months or even years after the initial trauma
* Sensory losses, including difficulty speaking or swallowing
* Loss of motor control or weakness of one arm or leg
* Changes in intellectual functioning
* Memory loss
* Personality changes- moods and emotions (** anger, short temper or even lack of caring at all)
* Loss of functioning on one side of the body, known as hemi-paresis
* Poor balance and decreased endurance
* Loss of ability to plan movements of arms or legs and poor coordination
* Poor or little sleep
* Depression
* Lack of attention

One significant hurdle after traumatic brain injury is memory loss. The mind’s capacity to receive, store and retrieve information is affected. Loss of short-term memory is more common than the loss of recall for older information. One may remember a birthday or childhood event, but can’t remember what happened in a T.V. show that they have been watching or what happened a few pages earlier in a book they are reading.

In addition to physical consequences of TBI, the ability to understand feelings and the ability to control emotions are impacted. A whole range of behavioral symptoms can occur with TBI: agitation, depression, frustration, rapid changes in emotion and severe mood changes, insensitivity to others, self-centeredness, rage tantrums, poor impulse control, loss of inhibition, decreased libido, inappropriate sexual expression and loss of self-esteem. Pre-existing conditions may also be amplified following TBI.

It is not just the victims of traumatic brain injury that suffer; their families suffer as well. Families must learn to adjust to the cognitive and personality changes in their loved ones. Children are usually confused and upset by the differences in behavior, personality and the inability to function normally. Victims and their families have so many issues to deal with; they should not have to worry about financial trouble as well.

What can I do?

In Traumatic Brain Injury cases it is essential that measures be taken to promptly preserve evidence, prove the nature and extent of your injuries, and enable expert medical witnesses to support the cause of your injuries.

If you or a loved one have suffered a Traumatic Brain Injury, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

* Specific types of infections may occur for the first time during pregnancy, including: toxoplasmosis, rubella, cytomegallovirus (CMV), herpes simplex, or untreated group B strep
* Placental abnormalities may occur, including placental insufficiency or premature aging of the placenta during the pregnancy, or premature or sudden separation of the placenta from the wall of the uterus (placental abruption), causing intrauterine growth retardation (IUGR) of the fetus
* Severe malnutrition of the mother
* Frequent use of certain types of prescription, nonprescription or illegal drugs, or frequent use of alcohol by the mother during pregnancy
* Exposure to certain types of toxic chemicals or other harmful environmental hazards
* A mother’s untreated high blood pressure, preeclampsia, eclampsia, toxemia, or diabetes
* Effects of certain types of genetic defects or syndromes
* Rh disease and congenital rubella syndrome used to be a common cause of cerebral palsy, but can now be avoided by a simple blood test all Obstetricians should recommend.

During the Birth Process:

* Untreated umbilical cord compression, prolapse or occlusion
* Oxygen shortage asphyxia
* Unrecognized or untreated signs of fetal distress from pressure on the umbilical cord
* Dystocia, where the baby is stuck in the birth canal too long due to its size or position
* Damage to the placenta by the birth process; placenta previa or placental abruption.

During the Newborn Period:

* Complications of severe prematurity, including problems with the heart, blood pressure, circulation, breathing, meconium aspiration, nutrition, hydration, temperature, infection, or bleeding
* Hereditary conditions which interfere with the baby’s digestion, and
* Untreated seizures
* Severe jaundice.

Each of the causes noted above has the potential to interfere with the proper development of the nervous system or with delivery of oxygen and nutrition to the brain of the fetus or newborn infant. When delivery of oxygen and nutrition is interrupted, severely impeded, or decreased over a period of time, the brain is injured. Depending on the location and extent of the brain injury, the infant may begin to show signs of delayed development, abnormal activity, increased tone, spasticity, bleeding in the brain, paralysis of the extremities, hypotonia (flaccidity in the trunk), mental retardation and other signs of defects in physical and mental functioning.
Do I have a case?
It is essential to recognize that cerebral palsy may occur even without negligence on the part of medical professionals.

It is often the case, however that the injury could have been limited in severity, or prevented altogether, had health care providers intervened at an earlier time or acted more cautiously. The only way to determine whether the injury was avoidable or the result of medical malpractice is to have the details of prenatal, delivery and newborn medical care reviewed by credentialed professionals who understand the complex physiological relationship between a mother and her fetus during gestation, birth and life outside of the womb.

What can I do?

In cerebral palsy cases it is essential that measures be taken to promptly preserve evidence, examine medical records and review the procedures in question to enable physicians or other medical experts to thoroughly evaluate the causes of injury.

If you or a loved one have been the victim of cerebral palsy, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Spinal cord injuries are not infrequent and can occur for several reasons. Motor vehicle accidents are responsible for 44% of all spinal cord injuries, 24% are caused are by acts of violence, 22% are caused by falls and 8% are caused by sports-related accidents (diving accidents are responsible for 2/3 of all sports-related accidents).
Almost 11,000 people in the United States sustain a traumatic spinal cord injury each year, and more than 200,000 people live with paralysis caused by SCI.

There are five forms of Spinal Cord Injuries (SCI) –

* Compression is caused by pressure on the spinal cord.
* Contusion is bruising of the spinal cord.
* Laceration occurs there is often permanent damage that can result in paralysis, loss of voluntary movement, loss of sensation, inability to control autonomic activity, pain and problems with bodily functions.
* Central Cord Syndrome
* Complete Severing

The resulting problems are determined by the area of the spine that was damaged:

* Damage to the cervical spinal region affects the neck, arms and hands.
* Damage to the thoracic spinal region affects the chest, torso and parts of the arms.
* Damage to the lumbar spinal region affects the hips and legs.
* Damage to the sacral spinal region affects the groin, parts of the legs and toes.

The result of spinal cord injuries can be temporary or permanent. Terms that are often used to describe permanent spinal injuries are:

* Paraparesis: A slight degree of paralysis affecting the lower extremities.
* Paraplegia: Complete paralysis of both lower extremities and usually the lower trunk. The upper extremities are not involved.
* Quadriparesis: Partial paralysis of all four limbs (arms, legs).
* Quadriplegia (or Tetraplegia: Complete paralysis of all four limbs).

Other SCI Terms:

* Paresis: Partial paralysis.
* Paralysis: Partial or complete loss of motor function
* Paresthesias: Abnormal sensation such as burning or tingling

Doctors will determine which areas of the spine are affected, discover how much damage has been caused and try to create an effective rehabilitation plan to help the patient. Some spinal injuries can be helped by rehabilitation, but there are still many non-medical problems that have resulted due to the injury. Victims of SCI and their families deserve to be compensated.
Do I have a case?

As you can see, there are many ways in which a person may suffer trauma to the spinal cord. The type of injury, the relationship of that injury to sustained trauma and a determination of negligence all play a vital role in establishing responsibility. The costs of your recovery and continued treatment can be staggering. The average out-of-pocket costs for severe SCI treatment in the first year alone can exceed $570,000 and average more than $100,000 for each subsequent year.

Victims are not only looking at medical bills, but also future, long-term rehabilitation, negative changes in their finances and the emotional distress the situation has caused for both the victim and their family.
What can I do?

In spinal cord injury cases it is essential that measures be taken to promptly preserve evidence, examine medical records and review the procedures in question to enable physicians or other medical experts to thoroughly evaluate the causes of injury.

If you or a loved one have suffered a spinal cord injury, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

A wrongful death suit is different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing the suit, but rather, it is the family members of the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family members and/or estate have suffered due to the death of the victim.

The purpose of a wrongful death suit is to provide relief to family members who have been emotionally and financially injured due to the family member’s death.

If you have suffered emotional and financial distress due to the wrongful death of a loved one, but are unsure if you have a valid claim our experienced wrongful death attorneys can help determine the merits of your case. Since our initial consultation is free of charge, there is no added burden to you, and you may be entitled to receive compensation for your suffering. If we accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf.

In all matters involving wrongful death it is essential that measures be taken to promptly preserve evidence, investigate the accident in question and to file a lawsuit prior to the deadline imposed by the statute of limitations.

Has a loved one been a victim of wrongful death? If so, contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. You need a lawyer that has extensive experience with wrongful death.

Commercial aviation accidents are among the most tragic and high profile of all modern disasters. However, there are far more accidents involving privately owned aircraft than those involving commercial jets. The lawsuits that result from airplane crashes are complex and unique. In an airplane crash not involving an airline, or other common carrier, the legal rules are usually very similar to those of an automobile accident. Unlike airline common carriers, which are held to a higher standard of care, owners and operators of private aircraft are required to exercise ordinary care in operating an aircraft. The NTSB reports that in 2004 there were 1,178 small plane-accidents that resulted in 440 fatalities.

U.S. Commercial Airplanes

The United States has made many efforts to ensure safety on commercial flights. Airlines are also taking steps to ensure that planes are in proper working condition, pilots are qualified and that planes do not take off or fly in bad weather conditions. The FAA also continually checks to make sure airlines are following proper safety procedures. However, there are commercial accidents that result in injuries and death. The NTSB reports that in 2005 there were 39 airline accidents, 2 seriously injured passengers and 3 fatalities.

International Airplane Accidents

If an airline crash involves a common carrier, the right to recover damages depends upon whether the flight was domestic (within the United States) or international. International flights and the domestic portions of international flights are covered by two international agreements, the Warsaw Convention and the Montreal Protocol. Under these international agreements, the airlines are held strictly liable for injuries to passengers. This means that passengers on international flights and the domestic portions of international flights need not prove negligence in order to recover damages if an airline accident occurs. However, these agreements limit the amount of liability per passenger ($75,000 under the Montreal Protocol) unless the injured party can prove “willful misconduct” on behalf of the airline.

Because of the $75,000 limit on damages imposed by the Warsaw Convention-Montreal Protocol, injured passengers (or those bringing suit on their behalf) may seek to show that an accident was caused by “willful conduct” on behalf of the airline, making the liability limits of the Warsaw Convention-Montreal Protocol inapplicable. For example, in the case of the bombing of a Pan American flight over Lockerbie, Scotland in 1988, a United States federal court held that the $75,000 limit did not apply because the failure of the airline to comply with anti-terrorist security procedures constituted “willful misconduct.”
Do I have a case?

For cases not involving strict liability proving negligence on the part of employees of the airline, the manufacturer of the aircraft, its component parts or the maintenance crews is difficult, particularly since records, data and the cause of the crash may be inconclusive. In order to prove negligence or product defect, one must undertake an exhaustive review of all factors involved in the accident. There can be many causes of an aircraft accident, though usually the first cause examined is whether there was pilot error. Other causes of aircraft accidents include defective design or manufacture of the aircraft, failure to adequately maintain or repair the aircraft, failure of one or more of the component parts of the aircraft and extreme weather conditions.

If it is determined that a basis for a lawsuit exists, a number of other complex issues then arise, such as:

* What law (federal or state) should be used?
* Where is the best forum for the trial?
* Should lawsuits be filed individually or as a class action?
* Who should be sued (the aircraft manufacturer, operator, or owner; the airport operator; corporate officers; or component part manufacturers)?
* What is the best theory of recovery (strict liability, negligence, breach of warranty, statutory provisions)?
* What is the best method of proving damages?
* How should evidence of the crash be preserved?

What can I do?

In all airplane accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries.

If you or a loved one have been the victim of an airplane accident, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

School bus accidents are amongst the most tragic of all motor vehicle accidents due to the inherent involvement of young children. As a result, substantial damages are often at issue in cases of this type, and vigorous representation is required to bring all responsible parties to justice.

A school bus-related crash is an accident that either directly or indirectly involves a school bus-type vehicle, or a vehicle functioning as a school bus, transporting children to or from school or school-related activities.

Since 1991, 1,479 people have died in school bus-related crashes — an average of 134 fatalities per year.
Do I have a case?

Motor-vehicle accidents are generally decided using the law of negligence. A person who negligently operates a motor vehicle may be required to pay damages caused by their negligence, either to persons or property. Generally, people who operate motor vehicles must exercise “reasonable care under the circumstances.” Failure to do so is the basis of most lawsuits for damages caused by an automobile accident.
Some, but not all, of the factors courts look to in determining negligence are:

* Speeding, or driving too slow
* Driving under the influence of drugs or alcohol
* Failing to signal while turning
* Disregarding weather or traffic conditions
* Disobeying traffic signs or signals
* Failing to drive on the right side of the road
* Intentional or reckless conduct

What can I do?

As in all automobile accident cases, it is essential that measures be taken to promptly preserve evidence to help investigators determine negligence and responsibility. If you or your child has sustained injuries, physicians and other experts can utilize this information to thoroughly evaluate your medical condition.

If you, or a loved one have been the victim of a school bus accident, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Parent and Student Resources

STNOnline

National Highway Traffic Safety Administration School Bus Safety Info for Kids

School Bus Safety Web

Large Truck Statistics for 2005:

* 4,932 Large Trucks Were Involved in Fatal Crashes
* Sadly, There Were 5,212 Fatalities in Crashes Involving Large Trucks
* There Were 139,772 Large Trucks Involved in Non-Fatal Crashes
* There Were 60,617 Large Trucks Involved in Injury Crashes
* Unfortunately, There Were 91,824 Injuries in Crashes Involving Large Trucks
* There were 79,155 Large Trucks Involved in Tow-a-way Crashes
* There were 2,371 Large Trucks Involved in Hazmat (HM) Placard Crashes

Understanding commercial vehicle regulations on both the federal and state levels are essential in handling large truck accident cases.

Trucking companies are required to follow Federal Motor Carrier Safety Regulations concerning their equipment and their drivers’ hours of service. In the State of Ohio, the Department of Public Safety, Bureau of Motor Vehicles, is charged with the task of adopting regulations regarding the safety of motor carriers. (O.R.C. Ann. § 4501.02).

Causes of Large Truck Accidents

A common problem in large truck accidents is driver fatigue, as hours of service regulations are routinely violated. Careful examination of records after an accident involving a large truck often shows serious and even fraudulent violations of those safety regulations. However, trucking companies are only required to maintain many of those records for only six months. Without obtaining those records before they are destroyed, the task of proving the trucking company’s negligence is much more difficult.
Another common cause of large truck accidents is speeding. Since a commercial driver’s livelihood depends on maintaining an operators’ license, these drivers are less likely than drivers of other motor-vehicles to have previous suspensions or revocations due to intoxication. Their main objective is to get from one destination to another. As a result, almost 30% of all large truck drivers involved in fatal crashes in 2000 had at least one prior speeding conviction, compared to just under 20% of passenger car drivers involved in fatal crashes.

Other causes include:

* Pressure on Driver to Deliver Items on Time
* Improper Truck Maintenance
* Improper Tire Maintenance
* Breaking Problems
* Driver Error
* Overloading

What can I do?

There are many factors that may contribute to large truck accidents. As in all motor-vehicle accident cases, it is essential that measures be taken to promptly preserve evidence to help investigators determine negligence and responsibility. The best way to achieve this goal is to have photographs taken of all visible injuries and damage to vehicles at the scene of the accident. If you have sustained injuries, physicians and other experts can utilize this information to thoroughly evaluate your medical condition and these visual documents can help investigators determine the cause of the collision.

Have you, or a loved one have been the victim of an accident involving a large truck?
Please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Wearing a helmet lowers a motorcyclists risk of fatality by 29% and reduces the risk of traumatic brain injury by 67%. Despite the documented effectiveness of helmets, many motorcyclists opt not to wear them, especially when state laws don’t require their use. Surveys show that in states without universal helmet laws, only 34 to 54 percent of all motorcyclists wear helmets. Alternately, in states where helmet use is mandatory for all riders, 98% of motorcycle riders wear them.
Do I have a case?

Motor vehicle accidents are generally decided using the law of negligence. A person who negligently operates a motor vehicle may be required to pay damages caused by their negligence, either to persons or property. Generally, people who operate motor vehicles must exercise “reasonable care under the circumstances.” Failure to do so is the basis of most lawsuits for damages caused by a motor-vehicle accident.

Some, but not all, of the factors courts look to in determining negligence are:

* Speeding, or driving too slow
* Driving under the influence of drugs or alcohol
* Failing to signal while turning
* Disregarding weather or traffic conditions
* Disobeying traffic signs or signals
* Failing to drive on the right side of the road
* Intentional or reckless conduct

In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver.

Under the law of product liability, a motor-vehicle manufacturer or supplier may be held responsible for injuries caused by a defect in their product, or a component of the vehicle.

Similarly, failure to properly repair vehicles, maintain roads, keep highways clear of obstructions, and repair defective traffic control signals can lead to collisions and cause serious injury. If these factors have contributed to your loss, you may be entitled to compensation.
What can I do?

First, we recommend that you not give a statement. Most statements are considered an Examination Under Oath and what you say can result in you not getting the compensation you need. Therefore, we recommend that you Contact Us and let us review your case before you make a statement. Let us represent you and help you gain the money you need to recover.

There are many factors that may contribute to motorcycle accidents. As in all motor-vehicle accident cases, it is essential that immediate measures be taken preserve evidence which will help investigators determine negligence and responsibility. The best way to achieve this goal is to have photographs taken of all visible injuries and damage to vehicles at the scene of the accident. In fact, it would be helpful to take pictures of the accident itself as soon as possible, in case an officer asks you to move your vehicle. If you have sustained injuries, physicians and other experts can use this information to thoroughly evaluate your medical condition. All of your visual documents can help investigators determine the cause of the collision.

If you, or a loved one have been the victim of a motor-vehicle accident, please contact Cecil & Geiser, LLP at 614-222-4444 / (877) 706 6446. Our initial consultation is free of charge and if we agree to accept your case we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. Contact Cecil & Geiser, LLP today.

The law firm of Cecil & Geiser is dedicated to helping victims of car accidents throughout the State of Ohio. Statistically, auto accident cases represented by experienced car accident lawyers result in greater settlements for victims. The clients of Cecil & Geiser have received millions of dollars. Shouldn’t you be doing what you can to protect and provide for your family? Cecil & Geiser can help.

In addition to being traumatized by an auto accident, many people are frustrated by the delays and denials by insurance companies. In such cases car accident attorneys can help. Whether it is keeping your claim moving through the insurance maze or suing to get just compensation in Ohio; car accident lawyers can help.

It will cost you nothing unless your case is settled. Call us at 614-222-4444 or fill out a case evaluation form today and get free advice about your accident from one of our Ohio car accident attorneys.

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You may find bad faith among any form of insurance, such as health, dental, automobile, renters and/or homeowners. Examples of bad faith can include failure to provide for a defense as required in the event you are sued or failure to follow contractual procedures in the event of a dispute as to the amount of compensation to be provided to you under your own coverage after an accident.

Insurance companies have years of legal experience litigating the terms of their contracts. Written by skilled lawyers who carefully upgrade the terms as new decisions are handed down by appellate courts, coverage attorneys incorporate new case law into policies and regularly re-write contracts. Terms that may appear to a consumer to be simple English may have their origin in legal opinions that may have been given a special interpretation that consumers are not familiar with. Advocates for insurance companies have an intimate knowledge of how standard terms have been defined by the courts, and therefore, have the upper hand in drafting policies and selecting the language most advantageous to insurance companies.
Do I have a case?

Language of the Policy

Insurance law routinely provides that the language of the policy is clear and explicit and the clear meaning will be enforced. There should not be any ambiguity or uncertainty in a policy. An uncertainty in choice of wording or ambiguity in meaning would be resolved in favor of the policyholder and against the insurer.
Courts interpret insurance contracts to effectuate only the objectively reasonable expectations of the insured. Any personal or subjective expectation of a policyholder, which cannot be reasonably supported by the language of the contract, is unenforceable. It does not matter what the policyholder/customer truly and honestly believes.

That subjective opinion is never an issue in a court of law. The real contest is to decide what the words of the policy mean to an objective person or a disinterested, common reader. So, when reading an insurance policy, the words selected by the insurance company are to be interpreted by judges according to their plain meaning. A plain meaning is one an ordinary person would attach to such words, not the meaning which might be utilized by an insurance company executive or an attorney.

Exclusions and Limitations

Exclusions and limitations are in a policy because they often result in denying coverage when there is a loss. All exclusions and limitations must be written in clear and unmistakable language. It is for this reason that exclusions and limitations are always narrowly, or strictly, construed. If there is more than one meaning given to a limitation or exclusion, the narrowest interpretation will be adopted by the court. Any exclusionary clause that is not clear and conspicuous will be interpreted in the interests of the insured.

Promise of Good Faith

Every insurance contract contains an unwritten, invisible or implied term referred to as the “covenant” or “promise of good faith and fair dealing”. This is a promise that the law imposes upon an insurance company to always act fairly towards its policyholders in handling their claims. Whether or not such a clause is included in the policy, judges will read the policy as if it were there. Carriers must meet the reasonable expectations of the policyholder and an insurer must always give as much consideration to the financial interests of those it insures as it does to its own financial interests.

In bad faith cases a jury is always asked whether under the facts the carrier acted reasonably. Denying benefits, delaying payments and paying less than what is owed are examples of bad faith. Insurance companies are obligated to promptly and thoroughly investigate all claims and must inquire into all the possible issues that might support an insured’s claim. This obligation is not terminated simply because the insured files a lawsuit against the company. An insurer may make a belated offer of settlement after their actions of bad faith, but this does not correct or set aside the previous wrongful conduct. Any payments to the insured only reduce the amount of the insurance company’s final liability as determined by a jury.

What can I do?

In a bad faith action an insurance company’s business practices routinely admissible to show motive, opportunity, intent, plan, knowledge, the absence of a mistake or an accident in the manner in which it dealt with its insured.

It is not necessary to show that the insurer intended to cause harm in a breach of the covenant of good faith and fair dealing. The policyholder need only show that the insurer failed to honor the agreement and they had no cause not to pay what was due under the contract.

When a person buys an insurance policy, the policy makes it clear that if a claim is not satisfied the policyholder will suffer financial pressure and emotional distress. Policyholders obviously will be vulnerable to oppressive tactics by a carrier and insurance companies are presumed to know that a denial of benefits will very well result in emotional distress to their policyholders.

When a policyholder successfully shows that an insurer breached the covenant of good faith and fair dealing, the policyholder can recover all damages caused by the breach. This includes:

• All Consequential Losses
• Loss of use of the Insurance Proceeds
• General Damages
• Attorney’s Fees
• Punitive Damages

In all Bad Faith Insurance cases it is essential that measures be taken promptly to review all communication with the insurance company and investigate the insurance coverage in question before the statute of limitations expires.

If you or a loved one have suffered due to an insurance company’s bad faith please contact Cecil & Geiser, LLP at 614-222-4444 / 877-706-6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation.

Approximately one million elderly citizens are abused in some manner every year in the United States.

Nursing home residents have patient rights and certain protections under the law. The nursing home must list and give all new residents a copy of these rights. Resident rights include, but are not limited to:

• Respect: You have the right to be treated with dignity and respect.
• Services and Fees: You must be informed, in writing, about services and fees before you enter the nursing home.
• Money: You have the right to manage your own money or to choose someone else you trust to do this for you.
• Privacy: You have the right to privacy and to keep, and use, your personal belongings and property as long as it doesn’t interfere with the rights, health or safety of others.
• Medical Care: You have the right to be informed about your medical condition, your medications and to see you own doctor. You also have the right to refuse medications and treatments.

Do I Have a Nursing Abuse Case?

There are several common types of injuries that are suffered as a result of recurrent neglect, including:

• * Falls and fractures
• Physical or chemical restraints
• Malnutrition or dehydration
• Improper, wrong or over-medication
• Bed sores
• Lack of supervision (allowing residents to wander away from the facility)
• Physical abuse or unexplained injury
• Weight gain or loss
• Septic shock
• Gangrene
• Aspiration pneumonia
• Theft of money and personal property
• Unexpected or wrongful death
• Unsanitary conditions
• Untrained or insufficient staff
• Over-sedation
• Abandonment
• Substandard medical care
• Poor personal hygiene
• Defective equipment
• Sexual assault

The Federal statute, the Omnibus Budget Reconciliation Act or “OBRA”, 42 USCA 1396 et seq. and 1395 et seq., and its interpretive guidelines, spells out how nursing homes are ultimately responsible for the health, medical care and well-being of their residents. A federal bureau known as the Health Care Financing Administration (HCFA) oversees compliance with these regulations. The HCFA enforces guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident’s daily life and minimizing abuse and neglect. If substantial compliance is shown, certification of the home is continued and the home can continue to receive government funds such as Medicare/Medicaid. If not, the home may lose its ability to receive these benefits.
Care is expected to improve as nursing homes take steps to prevent injuries and avoid litigation, which is increasing.

What can I do?

Before proceeding with litigation, a review of the medical records is critical. All available family members, friends and witnesses should be interviewed to determine if there is any additional information regarding the elder’s treatment or documents to assist in evaluation. This should include inquiries regarding complaints and/or third party investigations by governmental authorities. Because most victims in nursing home cases are long past the stage of earning wages and often have short life spans, analysis of these cases is are different. Important factors which may impact the amount of damages that may be recovered include the egregiousness of the nursing home’s conduct, whether a pattern of neglect can be shown and/or whether injuries from the nursing home’s negligence can be distinguished from the resident’s existing disease process.

Cecil & Geiser, LLP is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home residents and their families for injuries resulting from neglect, inadequate care or abuse. Attorneys forcing these institutions to treat their residents properly is the only way the quality of care for all residents be assured.

If you feel that you or a loved one have been victimized by neglect, abuse and/or medical malpractice while in the care of a senior citizen facility, please contact Cecil & Geiser, LLP at 614-222-4444 / 877-706-6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.  Contact the Plymale Partnership today.

At Cecil & Geiser, LLP, we aggressively pursue claims against irresponsible drunk drivers and the establishments that improperly serve them. Although the law can never replace a loved one, it does provide the finances victims need to recover medically, financially and emotionally. If a drunk driver is uninsured and/or indigent, there may be a way to pursue recovery against the person who provided the alcoholic beverages to the drunk driver.
Do I have a case?
People who serve alcoholic beverages may be liable under Ohio law for damages resulting from the consumption of alcoholic beverages. (O.R.C. Ann. § § 4301.22, 4301.69).

Liability may be imposed either under specific laws (“dram shop acts”), or under the general law of negligence. Dram shop acts (“dram” was once a common term for liquor) are laws that impose liability for negligence on the sellers of alcoholic beverages for sales to persons under the legal drinking age or to those who are obviously intoxicated. (O.R.C. Ann. § § 4301.22, 4301.69).

Liability can attach to “social hosts” as well. A social host is an individual who serves alcoholic beverages in a social setting, such as a home or a party, or in the case of an employer, one who serves alcoholic beverages at a company function. The social host is not required to make sure that no one is consuming more alcohol than they can handle, unless the host can reasonably be aware of a problem and prevent it. In the State of Ohio, however, the social host can be held liable. Huston v. Konieczny, 52 Ohio St. 3d 214, 556 N.E. 2d 505 (1990).

What can I do?

You simply never know when a drunk driver may cross your path and cause a serious collision. As in all motor-vehicle accident cases, it is essential that measures be taken to promptly preserve evidence to help investigators determine negligence and responsibility. The best way to achieve this goal is to have photographs taken of all visible injuries and damage to vehicles at the scene of the accident. If you have sustained injuries, physicians and other experts can utilize this information to thoroughly evaluate your medical condition and these visual documents can help investigators determine the cause of the collision.

Have you, or a loved one been the victim of an accident caused by a drunk driver?

If so, please contact Cecil & Geiser, LLP at 614-222-4444 / 877-706-6446. We will use our experience to investigate every possible contributing cause of the accident, to determine responsibility and negligence, and ensure that you receive not only medical attention for your injuries, but full compensation for your suffering. Leave it to us to make arrangements with your medical care providers to defer payment until your case has been resolved, through either settlement or trial, so that you can concentrate on healing.

Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

There are many people throughout Ohio that have applied for Social Security Disability (SSD) and been denied. The Social Security Disability system was created to provide for those that are unable to work and need money to live. Unfortunately, most people are forced to apply several times and are still denied.

Cecil & Geiser, LLP Can Help You

The attorneys at Cecil & Geiser, LLP understand the appeal process and the typical reasons why applications are denied. Our only goal is to help you and provide guidance in your effort to get approved for Social Security Disability (SSD). Contact us and let our experienced attorneys help you though this lengthy and frustrating process.

Eligibility

Social Security only pays for total disability and total disability is determined by one’s ability to work. People must prove that they cannot do the same work they did before and that they are unable to adjust to another form of work. A disability must also last for one year or result in death. Short-term disabilities will not qualify.

Social Security Will Ask the Following;

• Are you working? – If you gross more than $900 a month your application will most likely be denied. If you are not working you must answer the next question…
• Is your condition “severe”? – Severe means that your medical condition must interfere with basic work-related activities for your claim to even be considered. If the answer to this question is yes they ask you to answer the next question…
• Is your condition found in the list of disabling conditions? If it is you can move on to the next question. The following links are to each of Social Security’s adult list of medical conditions or impairments. There is also a List of Impairments for Children.
  1. Musculoskeletal System
  2. Special Senses and Speech
  3. Respiratory System
  4. Cardiovascular System
  5. Digestive System
  6. Genitourinary System
  7. Hematological Disorders
  8. Skin Disorders
  9. Endocrine System
  10. Impairments that Affect Multiple Body Systems
  11. Neurological
  12. Mental Disorders
  13. Malignant Neoplastic Diseases
  14. Immune System
• Can you do the work you did previously? This is where things can get confusing. Social Security has to decide if your medical condition is severe enough to interfere with the work you did previously. They state that if your condition is “not the same or equal to the level of severity as a medical condition” on their impairment list they will determine if you are capable of doing the work. If they feel like you are capable they will deny the appeal. The Hensley Legal Group can help you with your Social Security appeal.
• Can you do any other type of work? If your answer to the previous question was “No” Social Security will review your medical condition, age, education, past work experience and any transferable skills you have and decide if they feel you could adjust to another line of work. Unfortunately, many applications are denied. One of our experienced attorneys can help you increase chances of being approved by helping you file an appeal.

We Can Help You with Social Security Disability

Cecil & Geiser, LLP is dedicated to helping those that need Social Security Disability (SSD). We have extensive experience helping clients through the appeal process and fighting for the rights of those that have been denied. Some people are denied SSD due to a small oversight or not clearly depicting the severity of their medical condition. Contact Cecil & Geiser. We can help.

We have created a Frequently Asked Social Security Questions information section (below) in an effort to help people understand Social Security and the application process.

Social Security Informational Links and Resources

• Social Security Online
• Benefits for Children With Disabilities
• Social Security Application Online
• Find a Local Social Security Office
• Fact Sheet on Social Security Disability Insurance
• Benefits for Children
• Family Benefits
• Disability Starter Kit
• What You Need To Know When You Get Social Security Disability Benefits
• Information on Your Disability Being Reviewed
• What Can Cause Benefits to Stop
• Social Security Working While Disabled Information
• Social Security Handbook
• Medicare
• Medicaid
• Disability Secrets- Tips, Advice, Explanations & Answers

When you contact us you will speak with a representative from Hensely Legal Group, PC.

Hensley Legal Group, PC, Indiana Affiliated as ‘of counsel’ Co-counsel on Social Security Matters

Frequently asked Social Security Questions
How do I apply for Social Security disability benefits?
There are several ways to start an application for disability benefits. You may go to your nearest Social Security office to apply in person, you may contact your Social Security office to schedule a telephone interview, or you may visit Social Security’s website at www.ssa.gov and apply online.

How does Social Security determine if I am disabled?
Social Security will gather your medical records and carefully consider all of your health problems, as well as your age, education, and work experience. In general, Social Security is to decide whether you are able to do your past work. If they decide you are unable to perform your past work, they must consider whether there is any other work you are able to do. When a decision is made, you should receive a letter letting you know if your claim has been approved or denied.
How long do I have to wait after becoming disabled before I can file for Social Security Disability Benefits?

You can file for Social Security disability benefits on the very same day that you become disabled. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury an expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.

How long does it take to get a hearing on a Social Security disability claim?
Wait times for a hearing to be scheduled vary depending on what part of the country in which you live. For most cases in the Indianapolis hearings office, the wait time from the date you request your hearing until that hearing takes place is often over a year long. This is due to the large number of claims the hearings office is processing, which has created a large backlog.

What is the hearing like?
The hearings are fairly informal. The only people likely to be there include the Administrative Law Judge, a hearing assistant, who will record the hearing, you, and your attorney. The Judge may ask a medical doctor or vocational expert to testify at the hearing.

If I am approved for Social Security disability benefits, how much will I get?

Disability insurance benefits depends on how much you have worked and earned in the past. For SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual receives will reduce the amount of SSI that person can receive.

If I hire Cecil & Geiser, LLP to represent me, how will my attorney get paid?
We will collect an attorney fee only if we are successful with your case. Usually the amount of the attorney fee is one-quarter (25%) of your past-due benefit amount. The Social Security Administration regulates the amount of fees an attorney can charge.

If you or a family member has become disabled and is no longer able to work, you might be entitled to Social Security Disability… even if you have already been denied! Our experienced Ohio Social Security Disability attorney may be able to help!

Contact us online or call Us Toll-Free Today for a FREE Evaluation of Your Claim,
With No Obligation.

When you contact us you will speak with a representative from Hensely Legal Group, PC.

Hensley Legal Group, PC, Indiana Affiliated as ‘of counsel’ Co-counsel on Social Security Matters

Our law firm can help with your entire workers’ compensation claims process, from the initial application to an appeal. We represent injured workers before the Bureau of Workers’ Compensation (BWC) and the Ohio Industrial Commission.

Injured at work? Call a workers’ comp lawyer as soon as possible.
When you have suffered a back injury, neck injury or other work injury that limits your ability to do your job, you are faced with legal challenges, in addition to the physical and financial aspects of a work-related injury. Workers’ compensation benefits can provide much needed medical benefits and compensation for lost wages. However, the process of obtaining workers’ compensation benefits can be challenging and time-consuming. Without the help of an experienced Ohio workers’ comp lawyer, many initial claims for benefits are denied.

We encourage you to seek help from an experienced workers’ compensation attorney as soon as possible. We believe it is important that, as your legal advocates, we become actively engaged in your workers’ comp claim as soon as possible. This can ensure rules, regulations and time limits are complied with. Our law firm can provide experienced help at all stages of your work injury claim in order to ensure you receive proper compensation for your on-the-job injury.

We are experienced handling workers’ compensation claims on behalf of injured and disabled workers who have been involved in construction accidents, warehouse accidents, manufacturing accidents, work-related car accident, office incidents, loading dock accidents and other on-the-job accidents.

Has your workers’ compensation claim been denied?
If the BWC has denied your claim — whether by citing an alleged preexisting condition, claiming you were injured elsewhere or any other number of reasons — the decision can be appealed before the Ohio Industrial Commission. We can ensure evidence, doctors’ records, test results, accident reports and other vital information is successfully presented to the Industrial Commission in your workers’ compensation appeal.

At Cecil & Geiser, we are dedicated to obtaining workers’ compensation benefits on behalf of injured and disabled workers throughout central Ohio. Contact us today to arrange your free consultation and learn how an experienced workers’ compensation lawyer can help.

Our Workers’ Compensation Affiliation
Cecil & Geiser is affiliated with The Law Offices of Charles W. Kranstuber, LPA.  Their knowledge of the system can ensure that you get the money you need.   Just as our clients’ needs matter most to us, the Workers’ Compensation lawyers at The Law Offices of Charles W. Kranstuber, LPA always put their clients first.