COVID-19 Response

Dear Friends and Family of the Law Offices of Joseph T. Joseph,

As the COVID-19 situation continues to evolve, we are taking all recommended precautions. While we are encouraging our employees to work remotely as we aim to stop the spread in our community, we are still open and working diligently for each of our clients.

If you have questions regarding a motor vehicle accident or personal injury, or you are a current client, feel free to call us at our regular office number 216-522-1600. Your call will be answered, and an attorney or paralegal will get in touch with you in a timely manner.

We are focused on serving our clients and look forward to pushing through this challenging time as a community.

Best,
Attorney Joseph Joseph

The mental health side of personal injury law

Mental health injuries can be difficult to understand from a legal standpoint, and assigning a dollar value to this type of distress can be even trickier. Nonetheless, mental or emotional distress can be considered legitimate injuries with very serious consequences.

Victims are often confused about their rights and what they can do to seek justice when it comes to mental health and personal injury law.

The Law Offices of Joseph T. Joseph works with clients who have experienced motor vehicle accidents, serious and catastrophic injuries, medical malpractice, industrial accidents and more. Our clients not only experience physical pain and suffering from negligence, but also mental anguish.

“Physical injury is typically a requirement to make a personal injury claim, however, there is always an emotional component to one’s injury. Therefore, any personal injury claim includes the ability to collect compensatory damages for one’s emotional stress and anguish,” said Joseph T. Joseph, Ohio personal injury attorney.

“Since that is largely subjective, documenting one’s emotional harm is paramount, and if a client seeks mental health counseling it lends a lot of credibility to that aspect of the claim.”

Health providers are able to diagnose conditions such as post-traumatic stress disorder and survivors guilty syndrome, which is often seen when another person – typically the at-fault party in an accident – dies as a result of the collision.

This often leads to other symptoms, such as sadness, anger, denial, fear, guilt and shame, which then can lead to insomnia or nightmares, headaches, issues with relationships, etc.

“All of this can be included in a personal injury matter,” Attorney Joseph said. 

In order to prove emotional distress, the plaintiff must show that the distress is more than fleeting, the defendant’s conduct caused the distress and the distress is medically significant.

Physical damage from an injury, such as broken bones or required surgery, is easier to prove in court than the mental anguish, such as severe anxiety or PTSD that someone may experience after an accident or death involving themselves or a loved one.

Reminders of the traumatic event can trigger avoidance symptoms. These symptoms may cause a person to change his or her personal routine. For example, after a bad car accident, a person who usually drives may want to avoid driving or riding in a car.

In addition to mental stressors resulting from an injury or death of a loved one, physical responses to trauma may also be present.

Physical symptoms may include headaches, stomach pain, digestive issues, fatigue, racing heart, sweating or being jumpy or easily startled.

Factors that increase risk for PTSD include:

  • Living through dangerous events and traumas
  • Getting seriously hurt
  • Seeing another person injured, or seeing a dead body
  • Dealing with extra stress after the loss of a loved one or pain and injury

Need to talk to an attorney about your personal injury case involving mental health? Call the Law Offices of Joseph T. Joseph today for a free consultation at 216-522-1600. 

Attorney Joseph T. Joseph Formally Admitted Into U.S. Supreme Court

On November 18, 2019, Attorney Joe Joseph was sworn into the Supreme Court of the United States.

Attorney Joseph T. Joseph Formally Admitted Into U.S. Supreme Court
Attorney Joseph at the U.S. Supreme Court

On November 18, 2019, Attorney Joe Joseph was sworn into the Supreme Court of the United States. 

Through the Ohio Association for Justice (OAJ), Attorney Joseph traveled to Washington D.C. where he sat in front of the Supreme Court Justices and was formally admitted by the Court along with other members of OAJ.

What does being sworn in mean? It allows Attorney Joseph to argue cases before the Supreme Court, use the court’s library as a resource, and have priority seating to hear oral arguments before the Court among other things.

While the process only takes about five minutes, it’s a truly unique and sought-after honor. 

Before being admitted into the Supreme Court, attorneys must be registered to practice in the highest courts of their licensed states for a minimum of three years. On top of that, the Court must believe the attorney is of good moral and professional character and two standing members of the Court must also sponsor the applicant. 

Once these qualifications are met and a strict application is approved, attorneys are formally invited to the Supreme Court to be sworn in.

Describing the experience, Attorney Joseph said “The day was a very special honor.  To sit with many of my colleagues and have my name announced before the Supreme Court Justices and be admitted into the highest court of our land, was memorable and humbling. The history and importance of our SCOTUS is immeasurable and I am extremely grateful to the Ohio Association for Justice for this opportunity.”

Medical malpractice – Understanding an injured patient’s rights

An injury or harm due to medical malpractice can cause a lifetime of pain and suffering for those who are affected.

And with medical errors being the third leading cause of death in the United States, it’s important to know what your legal rights are in pursuing a claim.

It pays to know your rights. Do this, not that when the opposing insurance company calls you after an accident

When you’re a victim in a motor vehicle accident, dealing with the party-at-fault’s insurance company can be a difficult, time-consuming process. Especially when you need to focus your energy on healing and recovering.

Cleveland personal injury attorney Joseph T. Joseph, Jr. says that a phone call is among the first things the injured victim should expect within a day or two of the accident.

When does the Statute of Limitations on personal injury cases begin and end?

When you’re injured in an auto accident you may not at first be thinking about “How much time do I have before I have to file a claim?”

In fact, your personal health – getting well – should be your first priority, followed quickly by safely getting back to work so you can continue supporting your family.

What are the elements of a medical malpractice claim?

While we naturally trust that our health care providers know what they are doing, based on their years of experience and education, sometimes a physician is negligent in caring for a patient. A health care professional commits medical malpractice when they negligently and wrongfully treat a patient, fail to treat a patient when necessary or provide a patient with subpar treatment. To constitute medical malpractice, the patient must suffer some sort of harm due to the health care professional’s actions or inactions. For example, a physician could commit a medical error such as a misdiagnosis, providing the wrong dosage of a medication or making an error in treating the patient.