If another driver was drunk, it doesn't necessarily mean you will win a lawsuit.
For many cases, proving the defendant’s intoxication will at least prove the first two parts of fault: duty and breach. If you are the plaintiff, you will have a compelling argument the defendant did not exercise reasonable care by driving drunk. And in jurisdictions with “negligence per se” laws, it proves the defendant violated the state’s DUI laws and will therefore satisfy the duty and breach issue.
Causation, however, is another matter. A drunk driver may or may not be a determining factor. As an example, if you hit a car from behind and the driver you hit was drunk, the cause is not the drunk driver's fault.
On the other hand, if an impaired driver makes the off ramp an on ramp and drives the wrong way, the intoxicated driver is obviously at fault. And where a jury is having trouble deciding who caused the accident, the fact that the defendant was drunk or on drugs just might clinch it for the plaintiff.
Every case is different and you should always contact us to help you through the process. Call us: (216) 771-1144
Nursing home neglect and nursing home abuse are similar but not the same.
Nursing home abuse implies a specific intent to harm the elder. Nursing home neglect is defined as a breach of duty or form of sub-standard care that results in harm to the patient.
It is more difficult to show intent than it is to show a breach of duty. The breach of duty must be reasonably foreseeable as an outcome of the negligent actions. We help you through this difficult situation with compassion and support.
Regardless of what a manufacturer does; from design, assembly, or handling a car, you can make a strict liability claim based on a motor vehicle defect. You do not need to show carelessness -- if all three of the following conditions exist:
Read more: Auto Accident From An Auto Defect
Sometimes may not need to hire an attorney. Sometimes it doesn't hurt to ask. Sometimes it is imperative.
Most clear-cut claims may not require an attorney’s assistance. These have:
clarity of liability and/or
injuries are minor with low medical bills and other expenses; and/or
there are no extenuating circumstances requiring investigation, such as previously existing injuries to the same body parts, complicated scenario in the accident, uncertainties about coverage, or questions about the statute of limitations.
Medical malpractice occurs when a health-care provider deviates from “standard of care” while treating a patient. So the next topic is defining “standard of care.” It is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances.
Insurance companies are well known as being difficult to deal with, often denying or paying a lower claim amount. With an attorney that has worked with insurance company in and out of court can be sure your rights are protected and you receive the best compensation package.
If you are involved in an accident or collision in Ohio, you must be prepared to act responsibly and in accordance with State law. Following are some general guidelines and more specific requirements to follow in case of an accident.
Read more: Ohio DMV - In the event of an auto accident