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December 2011 Archives

Columbus man suffers head injury in fight; one arrested

When people hear about spinal cord or brain injuries, they often relate them to motor vehicle accidents. While these accidents are a common cause of brain injuries, a physical attack by an angry person can also leave the victim with severe brain injuries.

Possible changes to workers compensation benefits in Ohio

Important changes may be coming to workers' compensations benefits for employees in Columbus and across the state of Ohio. The Ohio Bureau of Workers' Compensation (BWC) introduced the changes as a way to encourage employers to maintain a safe workplace and to improve the speed of recovery for injured employees. They have dubbed the new plan, "Destination: Excellence."

Legal Malpractice-When It Rains, It (Unfortunately) Pours

The Franklin County Ohio Court of Appeals recently issued a decision dismissing a legal malpractice claim on the ground that it was not timely filed within the statute of limitations. In that case, the plaintiff was injured in a 1994 automobile collision, and timely filed suit in 1996, but his attorney then dismissed the case in a manner that it could be refiled within one year. Unfortunately, it was not refiled with one year, such that the plaintiff had to sue his attorney for legal malpractice. The new attorney timely filed suit against the negligent first attorney, but then dismissed the case in a manner that it could be refiled with one year. Although the new attorney did refile the lawsuit within one year, he then again dismissed it, under the mistaken belief that it could be refiled yet again within one year. The trial court held that the legal malpractice action could only be refiled one time within one year of the first dismissal, such that the second refiling was untimely, and, therefore, dismissed the case, and the Franklin County Court of Appeals affirmed. The plaintiff is now in the unenviable position of having to sue his second lawyer for for failing to timely sue his first attorney for failing to timely sue the other driver. Sound confusing? That is because it is confusing! The point is that legal malpractice claims require an experienced attorney. If you believe that you believe that you have been harmed by legal malpractice, please contact us for a free consultation.

Injury often results from texting and driving

Motorists have a duty to drive responsibly and with a due regard to public safety in Franklin County and elsewhere. Unfortunately, far too many breach this duty by driving in a distracted manner, such as texting and driving. To make matters worse, Ohio has no law on the books banning motorists from sending texts while behind the wheel. That could lead many to believe it is alright to text and drive even if it could result in serious injury to the driver and others.

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