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Car Accidents in Ohio

Posted on by adminTompkinsSelph

Deadly Buggy Crash Kills Father & Son

In Holmes County Ohio Sheriff deputies are investigating after a Millersburg man and his 4 year old son were killed in a buggy crash on Wednesday.

It happened on State Route 83 in Mechanic Township around 6:15 p.m.

According to the incident report, the horse-drawn buggy was heading southbound on State Route 83 when it was rear-ended a 2007 Jeep Commander, throwing the driver and his son from the buggy. 

The buggy driver, 34 year old Paul Wengerd, was pronounced dead at the scene by the county coroner. His son was taken to Pomerene Hospital and later transported by helicopter to Nationwide Children’s Hospital in Columbus, where he died from his injuries. 

The 28 year old driver of the Jeep wasn’t injured.

The crash heavily damaged the buggy cart and the horse suffered from minor injuries. 

The crash remains under investigation.

 

Do You Have a Case & What is Your Claim Worth?

Dublin Ohio Personal Injury Attorneys can help. We know what you are going through. We have helped thousands of injured clients through the difficult situation of being in a motor vehicle accident. We can help protect your legal rights and maximize the value of your claim by negotiating with insurance companies. Remember Big Guys Get Big Results!

Car Accidents are common in the state capital. The 5 most dangerous intersections in Columbus according to the Mid-Ohio Regional Planning Commission are…

  • East livingston Avenue, Hamilton Road SR317
  • Broad Street SR16, James Road
  • Dublin Granville Road, 161
  • Cleveland Avenue, Dublin Granville Road
  • Morse Road, Northtowne Boulevard & Walford Street 

There have been hundreds of crashes at these locations alone in the past years, leaving many people injured, but a car accident can happen on any road, or in any parking lot or driveway. Wherever it happens we can help you get BIG Results. 

 

Do I Have a Car Accident Case?

Knowledgeable and aggressive attorneys will fight for you and work for effective solutions to your problems. We will gather information on your case such as:

  • How did your car wreck happen? Were you rear ended or hit head on? Was the other driver texting or under the influence of drugs or alcohol? We will get to these answers and get justice for our clients. 
  • Who was at fault? This is a key question when handling a car accident claim. The insurance will likely deny the other driver was at fault and may even point the finger at you. That’s why you need a highly experienced advocate who will reveal the truth and hold the responsible party accountable. 
  • How were you injured? Did you receive a concussion, which can result in  serious brain injury with long term impact. The insurance may downplay the seriousness of your injuries. However we can work with outside experts to help illustrate the devastating nature of your injury. A serious car wreck can turn your world upside down. We can help set things right again for you. 

 

Do I need a Lawyer?

Car accidents can leave drivers and passengers seriously injured or worse deceased. If you are ever in a car accident you need a personal injury attorney who can help you become compensated for your losses and damages. 

A car accident can change your life, both financially and emotionally. Adding insult to injury insurance companies will try and pressure you to agree to a quick lowball settlement offer.  

You should be compensated for:

  • Lost wages and future earnings
  • Medical bills including for hospital stays, physical therapy, and prescriptions. 
  • Car repair bills and transportation while it is in the repair shop, or the cost of a new car.
  • Pain and suffering

You need someone on your side who will fight for you. We are ready, willing and able to help recover the compensation to rightly deserve as a victim of another driver’s negligence. 

 

How much is my car accident worth?

Each case is different but personal injury law firms have many resources they can use to get results for you. A personal injury lawyer can:

  • Examine records, including the official accident report
  • Gather evidence, including interviewing witnesses and taking depositions, if needed
  • Consult with accident reconstruction experts, to determine the exact cause of the crash
  • Figure out your exact economic loss and total financial impact of the car accident on your life. 

 

How much is my car accident claim worth?

That is a hard question to answer because every car accident is different in general you may be compensated for all costs related and stemming from your wreck. Even if you wrack up these expenses well after your accident you should not have to pay them. 

Accident related expenses can include:

  • Doctor bills
  • Car repairs, transportation and in some cases a new vehicle
  • Lost income and future earnings
  • Modifications to your home or vehicle, if you sustained permanent disability.
  • Pain and suffering

 

How can we help me after a car accident?

Our attorneys have handled thousands of motor vehicle injury cases. We’ve dealt with insurance companies for many years and know how they operate. We’ve negotiated higher settlements for our countless previous clients and proven our track record to be a successful one. 

Each case is different. First, we’ll meet with you whether on the phone or in person and get the details of the accident, such as police reports, medical records and repair estimates. Well visit the accident site and learn all we can as to have more facts and build you a better and stronger case. It is so important to seek legal advice soon after being injured in a wreck. Don’t answer any questions or sign any papers from the insurance company until we speak and evaluate your case. Remember The Big Guys Get Big Results.

Ohio Real Estate Attorneys

Posted on by adminTompkinsSelph

What Do Real Estate Attorneys Do?

Buying a home is probably the biggest investment you’ll ever make. In addition to hiring a real estate agent to help negotiate the transaction, you might need to consider a real estate attorney to help guide you through the legal process. Real estate attorneys specialize in matters related to property, from transactions to handling disputes between parties. 

Overview

Many states require a real estate attorney to be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you to represent your interests during a closing. They will review all paperwork in advance on any problems or omissions with the documentation. 

Most real estate lawyers charge an hourly fee for service, although some charge a flat rate. The lawyer will communicate this up front.

  • A real estate attorney prepares or reviews all of the documents that are 
  • signed at the closing of a real estate purchase. 
  • The attorney is then present at the closing to represent the buyers (or the seller’s) interests.
  • Real estate law is a matter for state and local jurisdictions.

Lawyers who specialize in real estate ensure that proper procedures are followed during the acquisition or sale of the property. They also may be concerned with how the property is zoned for usage. Real estate law covers property taxes, estate planning, zoning titles etc. 

Real Estate law varies by state and local government. Attorneys must be licensed to practice in the state where the transaction is taking place, and must stay abreast of any state or local developments that could impact a transaction. 

Attorney Responsibilities

A real Estate attorney is equipped to prepare and review documents relating to purchase agreements, mortgage documents, title documents, and transfer documents.

A real estate attorney is hired to handle a transaction and always attend the closing with the buyer. Closing is when the money is paid and the title is transferred. The attorney is there to ensure the transfer is legal, binding, and in the best interest of their client. 

During the purchase of a property, the real estate attorney and staff prepare documents, write title insurance policies, complete title searches on the property, and handle the transfer of funds for the purchase. If the purchase is being financed, the attorney is responsible for paperwork such as the federal HUD-1 Form and other related documentation. 

In the case of a real estate dispute, such as a chain of title, lot line problems, or other issues, the attorney will resolve the problem.

A real estate attorney may also provide legal representation for either the buyer or the seller when a dispute winds up in a courtroom. The real estate attorney obtains facts from both sides of the dispute and tries to bring them to a resolution. This may mean hiring a surveyor or title company to work through the details. 

Qualifications

Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, and may continue afterward with a certification in real estate. 

When You Need a Real Estate Attorney

As Noted some states require a real estate attorney to supervise a real estate transaction and be present at closing. These “attorney closing states’” are Connecticut, Delaware, Georgia, Massachusetts, North Carolina, Rhode Island, South Carolina, and West Virginia. Other states are considered “attorney title opinion states”, meaning an attorney is required to certify a title. These states are Alabama, Louisiana, Mississippi, North Dakota, Oklahoma, South Dakota and Wyoming. Four States Illinois, New Jersey, New York and Ohio do not require real estate lawyers, however they’re typically involved in transactions according to local customs and practice. 

Hire a Pro Rated Attorney

Finding the right Real Estate Attorney that fits your needs doesn’t have to be hard. We will work closely with you to take care of all your legal situations. Remember Big Guys Get Big Results. Call Us Today for a FREE Case Consultation. (614)-453-0971.

Trust & Estate Planning

Posted on by adminTompkinsSelph

What is a Trust & Why Do You Need One?

When someone hears the word “Trust: there are usually certain images that come to mind. Things like wealthy trust fund babies or elderly individuals with high net worth’s. The truth is, more people benefit from having a trust than you think. 

If you’re looking for the best, most comprehensive way to protect your family after you’re gone (and you’re a homeowner with at least 160,000 of assets) a Trust will likely be the ideal Estate Plan option for you. Creating your will is another protective measure you can take to safeguard your assets and loved ones if you’re not quite ready or don’t yet qualify for a Trust. Don’t worry you can always add a Trust to your estate plan as your life evolves. 

In short, a Trust is an agreement that’s part of an Estate Plan. Traditionally, Trusts are used to hold assets for one or more beneficiaries, and they may offer significant estate tax and other protective benefits. If you’re considering setting up a Trust or any other type of Estate Plan Tompkins Selph & Associates can help guide you to create an Estate Plan aligned with your values. 

What is a Trust?

A Trust is a legal arrangement that allows you to set up your assets to be held and managed by a third party. This party is known as a Trustee, and the person or firm you appoint to this role will be responsible for ensuring that your estate is handled in the manner you’ve outlined. 

Despite what people think, Trusts can be beneficial for all sized estates, not just very large ones. There is a common misconception an Estate Planning Trust is only suitable for the very wealthy. But there are many benefits to a Trust, including…

  • Avoiding probate court so Beneficiaries can receive assets sooner
  • Privacy
  • Protection
  • Reduced or eliminated estate and gift taxes
  • The ability to better control future wealth by establishing conditions for asset distribution. 

There are multiple types of Trusts, and it’s important to really assess your needs and goals before you decide on which type you’ll create. We Will discuss the types of Trusts below.

Who Should Have a Trust?

Trusts aren’t the best solution for everyone. There are several reasons a Trust might make sense, but that doesn’t mean absolutely everyone needs one. A Trust may be beneficial to those in specific situations such as…

  • You own a home or other property, particularly if its out of state
  • You have 200k+ in assets
  • You wish to keep your assets private
  • You are hoping to simplify the probate process for your loved ones after you pass.
  • You have a taxable estate, keep in mind the qualifying value that deems an estate `taxable’ differs from state to state. 
  • You want to set up stipulations on inheritance, for example awarding a dollar amount for certain life events such as graduating college, getting married etc. 

Types of Trusts

As noted, there are several types of Trusts, each with its own nuances and purpose. Before establishing a Trust, be sure to have a clear idea of your goals so you can use the type of Trust best suited to accomplish them.

Living Trust

A living Trust is created during your lifetime and it designates a trustee who will manage assets for your beneficiaries after your passing. 

Revocable Living Trust 

A Revocable Living Trust is created during your lifetime and can be altered or revoked while you’re alive. It is used to avoid probate, but while you’re alive, it’s not an ironclad technique for asset protection. Any assets in your Revocable Living Trust will still be available to creditors during your lifetime, although it will be more difficult for them to gain access. 

Irrevocable Trusts

An Irrevocable Trust means you cannot change or alter anything in the Trust once it is established. You have legally removed any rights to ownership to anything you put in the Trust. In some cases, an irrevocable Trust may be used as a way to protect assets from creditors or bypass estate tax, as you will have effectively removed yourself as the owner for any of the assets inside the Trust. Irrevocable Trusts can be beneficial to those in professions that are vulnerable to lawsuits, such as attorneys and doctors. 

Joint Trusts
A Joint Trust is a Trust established for two people, like husband and wife. While both parties are alive, they maintain total control over any and all assets that are in the Trust. They can change the Trust any time, and after one partner passes, the surviving partner becomes Trustee.

Testamentary Trusts

A Testamentary Trust is a Trust that’s created within a Will, and it only goes into effect upon your passing. Also known as a “Trust Under Will” the Last Will instructs how the actual Trust should be established. Because the Trust isn’t truly created until after you pass, it’s not considered a Living Trust. It’s important to note that this option results in the Will going through probate. And there’s also diminished privacy protection compared to other Trusts.

What to Add to a Trust

There are certain assets that are appropriate to fund your Trust. To accomplish this part of the process you will retitle assets with the Trust as the owner. The types of assets a Trust can hold include:

  • Homes or other real estate
  • Tangible property like jewelry, antiques, collectibles, vehicles etc.
  • Retirement accounts
  • Brokerage Accounts
  • Cash Accounts
  • Large Assets
  • Business Interests
  • Stocks or Bonds that are held in certificate form
  • Non qualified annuities

How to Name a Trust

Choosing a name for your Trust is the easy yet important part. Most people name a Trust something logical and representative of their family. This makes sense, as it is easy to remember, so when you’re renaming all the assets the Trust will hold, it’s a logical process. Your family name, along with the words “Family Trust” at the end, is a simple formula that’s commonly used. This format or something similar leaves little to no room for misinterpretation. 

What is a Trust Fund?

A Trust Fund is an effective tool that’s often used in Estate Planning where a Grantor (you) sets up a plan that will ensure financial stability and security for a beneficiary, often a child or a grandchild. A Trust Fund can hold investments, cash, real estate or other assets to be distributed in the future. 

What is a Trustee?

A Trustee is the person you name to be responsible for your assets. In essence, the Trustee is the legal owner of everything in the Trusat. He or she is charged with administering assets or property for the benefit of your named beneficiaries, as defined in the Trust. The Trustee is also responsible for handling the Trusts tax filings. 

Can a Trustee Be Removed From a Trust?

A trustee can be removed from a Trust under certain conditions. For example, they have not lived up to the responsibilities outlined in the Trust. They may no longer wish to or be able to perform the duties specific to the Trust. All Beneficiaries must agree they want to change who is appointed. 

Can a Trustee Use Money From the Trust?

Trustees can only use the money or assets in the Trust to provide for beneficiaries or to accomplish other Trust related responsibilities. A Trustee cannot use Trust money for personal use or benefit. 

Setting Up My Trust?

Setting up your Trust is beneficial on so many levels. It’s one of the several layers of your Estate Plan, and it’s yet another safeguard against things happening against your wishes once you no longer have a say. Providing security, passing on your hard earned personal wealth and assets, and setting up a tax beneficial estate is one of the best gifts you can leave your heirs. Knowing and trusting that they will be taken care of, even when you’re not there to do it is priceless. Contact Us Today at Tompkins Selph & Associates (614)-453-0971.

Bicycle Accidents Coverage

Posted on by adminTompkinsSelph

Bicycle Accidents 

Bicycles are very popular in Columbus and are often seen in the city streets. 

It’s a safe fun activity when everyone is paying attention and driving responsibly. But it only takes one negligent driver to cause a car accident. Bicyclists can be left with serious injury and their lives can change in an instant. 

Injured bicyclists deserve financial compensation, but the process can be complicated and frustrating. Having experienced legal representation cvna make a big difference. Our personal injury attorneys will build the strongest  case to hold negligent drivers accountable and fight for maximum compensation. 

We also represent pedestrians who were injured as a result of a driver’s negligence. Pedestrians don’t expect to be in an accident when they are just walking. But they can be seriously hurt in a crash caused by negligence. We fight for their rights so they can recover the compensation they deserve. 

 

Negligent Drivers in Columbus

How do bicycle and pedestrian accidents happen? Many drivers don’t like sharing the road. They may drive aggressively at dangerous speeds. Some drivers are distracted by texts or phone calls. Some are driving under the influence of alcohol or drugs. Others are fatigued and may even start falling asleep at the wheel. 

A negligent driver can easily cause an accident and hit a bicyclist, even on roads in Columbus that have dedicated bike lanes, the results can be devastating. 

Bicyclists and pedestrians have no protection in a crash and are often seriously hurt. Common injuries include neck injuries, concussion or traumatic brain injury, nerve damage, dislocation or broken bones, lacerations and contusions and even paralysis. 

Victims may require surgery, hospitalization, medication, physical therapy, home medical equipment and months of follow up appointments with doctors. Medical expenses can seem overwhelming and many victims aren’t sure how they will pay the bills, especially when injuries have left them unable to work. 

 

Why You Need Experienced Personal Injury Attorneys

If a negligent driver caused their injuries, then an injured person shouldn’t have to pay. But recovering compensation can be difficult for many reasons. One reason is that the driver may deny doing anything wrong, even if that driver was speeding or texting when the crash happened. The driver may even try to shift blame unto the bicyclist.  

Another reason is the insurance companies. They are supposed to help the injured after a bicycle accident, but they are always trying to save money. They will try and pay as little as possible to keep their profits high. There are so many tactics they use to try and minimize compensation. 

If you were hurt in a bicycle crash, an insurance company may question the seriousness of your injuries. They may seek access to your medical records to look for evidence that your injuries were pre existing. Or they may blame you for what happened. 

You may be contacted by the insurance company shortly after the accident with a settlement offer. They may promise you quick payment to help pay your bills, But they are not looking out for you. Their offer will fall far short of covering all the damages you suffered. It’s just a way for them to save money. 

That’s why you need an experienced personal injury attorney who knows how to fight back against the insurance company tactics. Our firm is known for providing experienced and aggressive legal representation for the injured. We know how a crash can impact your life and believe you have the right to be compensated for damages

There are many types of accidents that can leave a bicyclist injured. These include intersection accidents, sideswipe collisions, and dooring accidents. Our legal team investigates your accident and helps you get the facts!

 

Maximum Compensation 

We’re not afraid of the hard work it takes to build a strong case. We gather evidence including any video from nearby traffic cameras. We carefully review accident reports and medical records as well as interviewing key witnesses. And as needed, we consult our accident reconstruction experts.

Our lawyers also determine the total damages you have suffered as a result of your injuries. We fight for compensation for all current and future medical expenses, lost wages if you couldn’t work and other damages such as pain and suffering.  

Many insurance companies agree to negotiate a settlement when they see we are prepared to legally fight for you. But we are not interested in making quick deals that help insurance companies save money. We are only interested in a resolution for your case that meets your needs. If the insurance company won’t negotiate, we can fight for you in court where you have a proven successful track record. 

Don’t delay speaking with an experienced attorney about your bicycle or pedestrian accident, begin learning about your options to recover financially. Contact us today for a free consultation at (614)-453-0971.

Slip & Fall Liability

Posted on by adminTompkinsSelph

Slip & Fall Accidents

The term Slip and Fall is a term used in a personal injury case in which a person slips or trips and is injured on someone else’s property. These cases usually fall under the broader category of cases known as “premise liability” claims. Slip and fall accidents usually occur on property owned or maintained by someone else, and the property owner may be held legally responsible. 

There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and become injured. Same goes if someone trips on a broken or cracked public sidewalk, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips and falls outdoors because of rain, ice, snow or a hidden hazard such as a pothole on the ground. 

 

Proving Fault In Slip & Fall Cases

There is no precise way to determine when someone else is legally responsible for your injuries if you slip and fall. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to occur., and whether you were careless in not seeing or avoiding the condition that caused you to fall.

In most cases, a person injured in a slip and fall on someone else’s property must prove that the cause of the accident was a “dangerous condition”, and that the owner of the property knew of this dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property. In order to establish the property owner liable, it must be shown that:

  • The owner of property created the condition
  • The owner knew the condition was exciting and negligently failed to correct it. 
  • The condition existed for such a length of time that the owner should have discovered and corrected it prior to the incident. 

For a property owner to be liable, it must have been foreseeable that negligence would create the dangerous issue.

 

Responsible Parties

In order to recover from a slip and fall injury sustained on another’s property, there must be a responsible party whose negligence caused the injury. This sounds obvious, but many people do not realize that some injuries are simply accidents, and if anything the accident was caused by their own carelessness. 

 

Get Legal Help Today

If you’ve been injured in a slip and fall on someone else’s property and are considering a legal claim, you should discuss your case with an experienced attorney. You should discuss your case with an experienced attorney. You should do so quickly, as there are time limits in which injured persons may file a personal injury lawsuit. Get started today by talking with an experienced personal injury attorney. Here at Tompkins Selph & Associates we are available for Free case consultations 24/7 around the clock. Give us a call today at (614)-453-0971.

Motorcycle Accidents

Posted on by adminTompkinsSelph

Motorcycle Accidents

According to the Ohio State Highway Patrol, one person has died after a crash early Sunday morning in Marion Township. 

Troopers responded to a call around 1:38am to a crash on US Route 23 near milepost 11.

Aaron Schilling was the man involved in this unfortunate accident. Mr. Schilling was stated to be traveling northbound on US Route 23 when he lost control of his motorcycle. The motorcycle flipped onto its side and then struck the median according to Ohio State Highway Patrol.

Mr. Schilling was pronounced dead at the scene of the crash before first responders could arrive on scene. 

Ohio State Highway Patrol stated the driver was not wearing a protective helmet at the time of the incident.

 

How to Prevent a Motorcycle Crash

There are numerous reasons why riding a motorcycle puts you at a high risk for being involved in a crash that can result in serious injury or death. 

One reason why is that even the smallest obstacles such as leaves, wet pavement or cracks in the roadway can cause accidents. Another reason is because motorcycles are significantly smaller and harder to see compared to other cars which increases the risk of being hit. 

When motorcycle accidents occur, there is a higher likelihood of severe injury because motorcycles do not have the proper safety equipment such as airbags and seatbelts, the proper safety precautions that all cars are equipped with. 

Fortunately using the following eight tips you can reduce the risk of a crash.

  1. Slow Down

The faster you go, the less time you have to see and react to debris, other cars and potential hazards.

You should never go above the speed that allows you to use fixed objects like telephone poles to judge a road’s direction. An extra second could be all the time you need to maneuver around a gap in the pavement or a slippery spot on the road.

     2. Never Ride Between Active Traffic and Parked Cars

This is dangerous for a few reasons, a driver could open his or her car door and you could plow right through it. A car could pull out in front of you and you could crash into it. A pedestrian could step out and you may not have enough time to slow down and avoid a collision. 

     3. Don’t Drink & Drive

Alcohol always slows your reaction time and impairs judgment, which is why it is one of the leading causes of motorcycle crashes. 

Drinking and riding a motorcycle is even more dangerous than drinking and driving a regular car because simply keeping the bike upright requires balance and coordination. 

    4. Perform Regular Maintenance 

Ensuring your motorcycle is in excellent running condition can help reduce the risk of a crash. You can do this by performing regular maintenance on the following components. 

Engine, Brakes, Tires, Headlamps and Turn Signals.

    5. Learn How to Deal with Common Road Hazards

You will encounter road hazards at some point, whether it is train tracks, wet pavement, potholes, leaves or rubber from blown out tires. 

You need to know what to do to maneuver around or through these hazards without being involved in a serious accident.

Taking a motorcycle riding course will provide you with strategies for dealing with some of the common hazards you will encounter.

    6. Never Share A Lane With Another Car

This is a totally unnecessary risk to take when riding your motorcycle. Drivers do not expect to be sharing lanes with motorcycles so they may not look for motorcyclists when changing lanes, resulting in a very preventable accident.

    7. Always Watch for Potential Hazards

   Your attention should always be on the road and what is around you, whether that is other cars, a turn, road hazards, pedestrians or anything else.

Paying close attention to your surroundings will allow you to see obstacles right away, providing you the time you need to avoid them.

 

What to Do If You’ve Been Injured

Despite doing everything you can to avoid an accident, they still do happen. If you or someone you love has been involved in an auto accident of any sort, it is in your best interest to seek legal guidance from an experienced Personal Injury Attorney. We can help you receive the financial compensation you are entitled to for your losses and damages. Give us a call today at (614)-453-0971 to get the BIG results you deserve.

Product Liability

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Product Liability Lawsuits

Product liability refers to the liability of any and all parties along the chain of manufacture production for an item that has caused damage to a consumer. Product liability claims are pursued for different reasons. The defendant could sell a product that the plaintiff uses and said item becomes the proximate cause of plaintiff injury.. The defendant could be a commercial seller of such a product.. Or when the item was sold it was simply defective.

Defects That Create Liability 

There are three types of product defects that incur liability in manufactures and suppliers.

  1. Design Defects

Design flaws are some of the most common in liability cases. While the item might serve its purpose well it can be unreasonably dangerous to use because of a design flaw. 

  1. Manufacturing Defects

Manufacturing defects occur during the construction or production of the item. Only a few out of many products will be flawed with manufacturing defects.

  1. Defects in Marketing

Defects in marketing are due to improper or false instructions or failure to warn consumers of the dangers of using said product. 

What are you Entitled To?

Medical Expenses- Any medicine, pharmacy bills, physical therapy costs and hospital bills

Lost Income- Any lost income from your usual employment due to the defective product.

Disability Costs- If you suffered any form of disability from the incident that was caused by the defective product.

Property Damage- Some defective products may cause property damage, for example an electronic cigarette that explodes, burns down your property, then you would have a case against that manufacturer.

Pain and Suffering- Any emotional and psychological effects due to injury. It covers pain, suffering, anguish, or loss of job due to the injury caused by defective product. 

Loss of Consortium- Compensation for negative effects the injury has caused between you and your significant other. For example if you can no longer perform intimate acts with your spouse you may be entitled to loss of consortium. 

Permanent Disfigurement- This covers permanent scarring on your body due to the defective product. 

How Can a Product Liability Attorney Help You?

It is one thing to claim product liability versus actually being able to prove the other parties negligence. This would be the main reason a seasoned attorney would be able to help you greatly.  

Even if you believe you have a very strong case, from the defendant’s perspective  things could be very different. Hiring an attorney is crucial in proving the other party is at fault. 

An experienced product liability attorney will help you gather crucial evidence to build your case such as, interviewing witnesses, gathering documentation and medical records. Proving the product was indeed defective and proving you were using the product for its intended purposes. Call an experienced Product Liability Attorney Today at (614)-453-0971.

Medical Malpractice

Posted on by adminTompkinsSelph

Ohio doctor charged with 25 counts of murder

An Ohio doctor is accused of subscribing largely excessive amounts of opioids to not one but dozens of patients. The Doctor William Husel is now facing 25 counts of murder.

Mr. Husel voluntarily surrendered himself to authorities in Columbus. Husel, age 43, was employed with Mount Carmel Health System, one of the largest in central Ohio. He was suspended Nov.21st 2021 and fired two weeks later.

“This is not a murder case… I can assure you there was never any attempt to euthanize anyone by Dr. Husel.” stated his attorney Richard Blake.However many of Husels patients were in intensive care and were not alert when the potentially fatal dose of fentanyl was administered to them, which raised questions and concerns. “If someone could not feel pain, there would be no legitimate reason to administer” O’Brien said.

Hospital officials at Mount Carmel have stated that 30 employees, including nurses and pharmacists have been placed on leave, while 18 other employees have been terminated. Officials say they plan on being open and honest about the situation in hopes to install better safeguards and prevent a recurrence. 

 

Wrongful Death and Medical Malpractice in Ohio

In Ohio, malpractice cases that result in the death of a patient can lead to two different claims. First a claim for medical malpractice seeking damages for the patients suffering and losses before death. Or lastly a wrongful death case seeking damages for the losses suffered by the surviving kin. Wrongful death claims must be filed within two years of the person passing away. 

 

What to Do if You’ve Been Injured

Unfortunately the law cannot mend the injuries caused by medical malpractice. Instead courts seek to make it right by awarding money in the forms of damages. If you think you have been injured because a doctor or hospital failed to meet a certain standard of care, the first step would be to consult with your doctor. Consulting with your doctor may enable you to solve the problem without the need for a lawsuit.

However if the doctor or hospital is unwilling or unable to help, your next step should be to contact an experienced Ohio Medical Malpractice Attorney at Tompkins Selph & Associates and let us get you the BIG results you need. Call us today at (614)-453-0971.

Uber/Lyft Auto Accidents

Posted on by adminTompkinsSelph

Grand Theft Uber

Police are looking for a group of juveniles who they say stole a 73 year old Lyft drivers vehicle then crashed it into an occupied school bus the very next day. 

Columbus Police said the alleged grand theft auto happened on April 11th in the 1500 block of Stonegate Square North.

At approximately 2:30 p.m, police said the 73 year old woman was hired to pick up her fares. When she showed up the juveniles, four boys and one girl, “ripped” her from her 2015 silver Chevy.

Police stated the woman pleaded with the teens. One tee reportedly said “You’re the chosen one for the day.” The woman sought help at a neighboring residence and was able to call 911.

Police said the three juveniles fled the crash. One juvenile, a girl, came back to the scene. Police say they are still searching for the others.

 

Rideshare Insurance Policies

Rideshare companies require their drivers to carry personal insurance as well as their own rideshare insurance policy usually covering up to 1 million dollars in coverage. This serves as a protective policy for passengers that suffer injuries in auto accidents caused by the rideshare drivers. 

 

Were you hit by an Uber or Lyft Driver?

Under Ohio Legislation, pedestrians, motorcyclists, and drivers of other vehicles may not have access to the full 1 million dollars of liability insurance covering uber and lyft drivers and passengers. Contacting an experienced Auto Accident Personal Injury Attorney will help to maximize the settlement amount paid out by the insurance companies. 

Call a Top Rated Personal Injury Attorney at (614)-453-0971 if you have suffered injuries due to an Uber/Lyft Auto Accident.

New Ohio OVI Laws

Posted on by adminTompkinsSelph

13 killed in Ohio crashes during Thanksgiving Holiday Travel with 300 arrested for OVI

It was a busy holiday weekend on the roadways in Ohio, The Ohio State Highway Patrol has released their Thanksgiving weekend fatal accident report that covers a five day period from Wednesday, November 24th through Sunday November 28th.

According to the Ohio State Highway Patrol, 13 people were killed on the roadways in 10 fatal crashes. Of the 13 killed, one of which was a pedestrian, four were not wearing seatbelts and three of the total accidents involved impaired drivers. 

Ohio State Patrol Officers arrested 300 people for operating vehicles whilst impaired and 147 people for drugs. 

 

Infrastructure Bill may Deputize Your Car to Detect DUI/OVI

A recently passed Infrastructure Bill has been hailed as a once in a generation investment in the roads, bridges, railways and other means of transportation in our country. One provision of the bill instructs automakers to investigate monitoring systems aimed at eliminating drunk driving by installing new systems in new consumer vehicles by the year 2026. One option for this new system is called an “Ignition Interlock Device”.

The Ignition interlock device works by requiring the driver to blow into a tube, much like a breathalyzer. If the Interlock Device detects any alcohol then it will lock the vehicle and disable it from running. 

However the legislation does not specify exactly the form the system must take, only that it has to “passively monitor the performance of a driver of a motor vehicle and accurately identify whether that driver may be impaired.” Since the Ignition Interlock Device is not passive it does not quite satisfy the language of the bill.

Other options include using a sensor to detect alcohol in the air, however this would prevent anyone from driving a drunk friend home even. Some people suggest the use of infrared cameras being developed for self driving technology to monitor drivers for signs of impairment. This raises a host of questions and concerns.

One of the biggest deciding factors is whether or not people are willing to go along with these new systems. How will drivers take it when their vehicles decide they are too impaired to drive whether that is an accurate assumption or not. This legislation has the potential to completely reshape the OVI enforcement in the US and definitely something to keep a close eye on as these new mandates evolve and are implemented into the public. 

 

Have you been Injured in a Drunk Driving Accident?

After you have been in an auto accident it is within your legal rights to receive compensation for the damages you have sustained in order to help regain control of your life. Tompkins Selph & Associates is a personal Injury Law Firm based in Columbus Ohio that is dedicated to helping our clients receive the financial compensation they deserve. Our personable legal team will work with you one on one to help you get the biggest results possible. 

Call a Top Rated Personal Injury Attorney at (614)-453-0971 if you have suffered injuries due to another driver’s negligence on the roadways.