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Ohio Personal Injury Blog

Joseph T. Joseph, Jr., chosen for 2019 Ohio Super Lawyers list

Joseph T. Joseph, Jr.
Rated by Super Lawyers


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Please join us in congratulating Joseph T. Joseph, Jr., on his selection to the 2019 Ohio Super Lawyers list for personal injury attorneys. Mr. Joseph was previously selected to the Rising Stars list in 2012.

Super Lawyers, part of Thomson Reuters, uses a patented, multiphase selection process including peer nominations, peer evaluations and independent research. Nominees are evaluated based on 12 indicators of professional achievement and peer recognition. Each year, the list recognizes no more than 5 percent of lawyers in each state. The objective of the list is to create a credible, comprehensive list of outstanding lawyers that potential clients and referring attorneys can use as a resource when searching for legal counsel. The Super Lawyers list is available in over 70 legal practice areas.

The impact of a wrongful death on survivors

This Ohio-based personal injury legal blog provides its readers with informative posts each week to offer them basic knowledge about some of the most common bases for negligence-based litigation. Mistakes made by doctors and nurses, accidents that happen on roads and highways, and harm that befalls victims when they are the properties of other people are all basic ways that people get hurt due to the actions and inactions of others. When these and other personal injury-causing situations occur, though, something worse than injury can result: victims can lose their lives and suffer wrongful deaths.

A wrongful death is one that happens due to the careless or reckless actions of another person. But as readers can likely anticipate, there are more victims in a wrongful death than just the party that loses his or her life. While that person had to pay the ultimate price for another person's negligent, reckless, or criminal behavior, their loved ones must also go on without the support of the person who perished.

Common causes of nursing home injuries

Nursing homes are widespread across the country. According to the 2014 data from the CDC, there are approximately 15,600 nursing homes with 1.4 million residents in the United States. These facilities are necessary for providing assistance to many senior citizens.

Unfortunately, many nursing home residents suffer injuries. If you know someone in a senior care facility, you should be aware of the common causes of injuries in nursing homes

What are the elements of a car accident claim?

Choosing to sue a party who causes the victim of a car accident harm can be a good step toward securing compensation for the aggrieved party. Victims of motor vehicle accidents can, under personal injury theories of law, offer their claims to the civil courts of Ohio and require the parties that harmed them to appear and explain their actions. If and when they prevail, they may be awarded damages to compensate them for their accident-related losses.

A lawsuit of this nature begins when a victim files a claim with the courts. In their claim, they lay out the elements of the basis for their case. Personal injuries sustained from events like motor vehicle accidents often arise from claims of negligence, and the remainder of this post will address how a negligence case is built.

What a victim should know regarding a slip-and-fall case

Accidents happen practically every day, and often Ohio residents walk away from their incidents without any physical harm.

While serious events like car accidents can cause significant personal injuries, other less dramatic accidents like trips and falls can be equally harmful to victims. A victim who is harmed while on the property of another person may have rights to compensation through litigation based on premises liability claims.

What is a wrongful death?

A death can be a traumatic experience for an Ohio family. Whether the loss involves a beloved grandparent or the unexpected passing of a young relation, a death can change the way that family members connect and interact.

Many deaths can be anticipated, such as those that come with old age and illness. However, deaths that occur as a result of traumas and accidents can be particularly hard to cope with because they are unforeseen and distressing.

Ohio Supreme Court overturns dismissal of CTE case

Most lawsuits seeking damages for a personal injury in Ohio must be commenced within two years of the date of the injury. However, certain kinds of injuries are not immediately detectable, and the courts generally allow a plaintiff extra time to commence a lawsuit. The Ohio Supreme Court recently became the first court in the country to decide that chronic traumatic encephalopathy, known as "CTE," is not subject to the two year limitation that applies to most personal injury claims.

The court was considering whether a claim for a CTE injury brought by a former football player several years after completion of his player's career was barred by Ohio's two-year statute of limitation. The player played for Notre Dame from 1974 to 1978 and died in 2015 at the age of 60. He was diagnosed with CTE in 2012. The complaint alleged that CTE was a latent disease and could not have been discovered within the two-year claim period.

Never assume a head trauma is no big deal

You could get a bump on the head doing just about anything, and it could result in a small lump or a bruise that goes away on its own, or serious, life-threatening brain damage. Falls and motor vehicle accidents are the leading causes of traumatic brain injury, according to the Centers for Disease Control and Prevention.

A head trauma becomes a TBI when the damage interrupts normal brain function. However, you may not notice symptoms right away. Here is what may happen in the days and weeks following a head trauma.

Pickup driver blows through stop sign, kills four people

Any community recoils when a traffic accident kills several people, especially when children are involved. Ashtabula is still reeling from a two-vehicle accident on October 19 that killed an entire family.

The victims were traveling on West 58th Street in a Toyota Corolla. A pickup truck driven by a man with a history of drunken driving violations failed to obey a stop sign on a street that intersects with 58th Street. The pickup truck hit the Corolla, and all four occupants of the Corolla were pronounced dead at the scene. The four victims included the driver, his wife, their infant son and another man. The driver of the pickup escaped with minor injuries.

Jury awards Ohio family $44.5 million for medical negligence

The effects of negligence by a physician or other health care provide can have devastating impacts. Those impacts can be especially devastating when the patient is a young child. An Ohio jury recently awarded $44.5 million to a thirteen-year-old boy and his family for failing to diagnose or treat an ear infection.

The boy complained of an ear infection in 2014. The parents claimed that the infection was not properly diagnosed or treated and that it spread to the boy's brain. The family argued that the laboratory failed to evaluate laboratory samples and return the results of their tests in a timely fashion. The requests for the tests specified "STAT" status, which means that the tests were to be completed and results returned to the treating physician within two hours. The test results were not sent to the doctors for six days. The infection eventually caused swelling in the brain, which led to extensive paralysis.

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