What Is a Personal Injury Attorney?

A personal injury attorney is an attorney who primarily focuses their practice on representing clients injured in accidents. Some of the most common types of cases personal injury lawyers handle include:

• Vehicular accidents, including car, truck, and motorcycle collisions
• Boating collisions
• Pedestrian accidents
• Slip and falls
• Medical malpractice
• Dog bite incidents
• Nursing home abuse and neglect
• Workplace accidents

Personal injury is the area of law that governs cases involving victims suffering harm at the hands of others. Typically, these cases involve negligent or intentional actions that negatively impact victims physically and mentally. Personal injury law allows victims to pursue justice and monetary recovery for the wrongs done unto them. 

If you’ve suffered injuries as a result of another party’s actions or omissions, a personal injury lawyer has the experience, resources, and skills to represent your best interests from start to finish. 

How Can a Personal Injury Lawyer Help Me with My Case?

If you’re on the fence about hiring a personal injury attorney, it’s particularly helpful to understand the role a lawyer plays in your case and what they can do for you. Personal injury attorneys can take on all important case-related tasks, including the following. 

Investigating

A personal injury claim usually starts with an investigation. Your lawyer can investigate your situation to get critical answers, including what caused your accident and who can be liable. 

Collecting Evidence

Evidence regularly plays a vital role in personal injury cases, such as: 

• Photos
• Videos
• Surveillance footage
• Witness statements
• Medical reports and bills
• Police reports

Your attorney can determine what type of evidence and documentation your case needs. Evidence can help you prove your damages and liability and strengthen your case.

Calculating Your Damages

One of the downfalls of failing to hire a lawyer is running the risk of settling your case for much less than it’s worth. When you have a personal injury attorney handling your case, they can carefully review the factors that influence the value of your claim and determine how much your case is worth to pursue the fairest possible settlement. 

Determining Liability

Once you know who’s caused your injuries, your personal injury lawyer can take the necessary steps to prove their liability. Establishing the other party’s liability is of the utmost priority – the success of your case depends on it. 

Negotiating

Personal injury cases often require extensive negotiating with the opposing party. Attorneys can use their strong negotiation tactics to help get you the most favorable result. 

Representing You in Court

A majority of personal injury cases never see the inside of a courtroom; instead, they are settled pre-trial. However, if your lawyer feels it is in your best interest to go to trial, they will continue to represent you until your case is fully resolved. 

Injured in an Accident? Seek Legal Guidance from a Personal Injury Lawyer

Handling a personal injury claim can be overwhelming and stressful, but you don’t have to do it alone. A personal injury attorney can provide support and quality representation throughout your case.

The legal team at The Skolnick Weiser Law Firm, LLC is passionate about helping injured clients get the monetary recovery and peace of mind they need during a challenging time. Contact our firm today at 216-677-6994 to schedule your consultation and discuss your case with a skilled personal injury attorney. 

The post Personal Injury Attorneys: What Do They Do and Why Do I Need One? appeared first on Personal Injury Lawyer Cleveland | Car Accident Attorney.

Well, the Ohio Bureau of Workers’ Compensation recently announced that it will be taking steps that are designed to keep injured workers from developing an addiction to painkillers. In specific, the program will no longer cover oxycodone prescriptions in any form (Oxycontin, Opana and the like). Oxycodone-based prescriptions are considered the most commonly abused opioid because it can be crushed and snorted to obtain a high and is also used in conjunction with heroin to extend a high.

What does this mean for injured workers? In theory, those who are in acute pain or suffering from chronic pain will be able to receive a drug called Xtampza ER. In theory, this drug is more difficult to abuse and supposedly cannot be crushed, injected or snorted. According to the Chief Medical Officer of the Bureau of Workers’ Comp, it’s also “equally effective” as Oxycontin.

In practice, the new rule may make it even harder for injured workers to find effective pain relief. There have been a lot of reactionary measures taken that have tied physicians’ hands when it comes to treating their patients for pain. The 2016 Opioid Rule, for example, sets out strict standards physicians have to follow when prescribing painkillers.

If you’re an injured worker in Ohio, you may find it increasingly difficult to get effective pain management — which can increase the length of time you’re off the job and unable to work. If you’re having trouble obtaining your workers’ comp benefits after an injury, find out more about your legal options.

The post How is Ohio’s workers’ compensation dealing with opioids? appeared first on Personal Injury Lawyer Cleveland | Car Accident Attorney.

Sounds great, right? Well, don’t you believe it.

Nurse Case Managers are typically registered nurses. Undoubtedly, there are some who have the best interests of their patients at heart. However, they all get paid by the insurance company to do one thing: Minimize the expense of your claim by getting you back to work — whether you’re ready or not.

Theoretically, NCMs are supposed to be independent “third parties” who aren’t supposed to be investigating on the insurance company’s behalf. In practice, however, they often act like a second insurance adjustor — one that will actually follow you into your doctors’ visits, if you let them. Since they rely on the insurance company for their income, whose interests and goals do you think they’re naturally more sensitive toward?

With that in mind, here are some ground rules you need to adhere to if a nurse case manager gets assigned to your case:

1. Remember that you still have a right to privacy. You retain the right to speak to your physician in private and be examined in private. If the NCM wants to follow you to an appointment, that’s fine, but he or she can’t go in the examination room without your consent.
2. Anything you communicate to the NCM will go straight back to the insurance company. Watch what you say — especially if it can be taken out of context to make you seem healthier than you really are.
3. You’re entitled to copies of any communication between the insurance company and your physicians — and that includes anything written by the NCM. If your physician clues you in on a letter you haven’t seen, make sure your attorney knows right away.

If your nurse case manager is actually helping you arrange treatment and improve, that’s fantastic. If you suspect your NCM is working against you, however, don’t let your workers’ comp claim get destroyed without a fight. Our office can help protect you against aggressive insurance tactics, however they may come.

The post Don’t let a nurse case manager ruin a workers’ compensation claim appeared first on Personal Injury Lawyer Cleveland | Car Accident Attorney.

What about mental conditions that arise as a result of your employment? The answer depends on the circumstances of your case, as Ohio offers limited workers’ comp coverage for mental illnesses.

Ohio law

State law clarifies what counts as an injury. Mental health problems are only eligible if they are due to a physical injury or occupational disease. Pre-existing mental conditions are ineligible, as well as those not related to any physical condition.

For example, if you were to lose a limb and then suffer from depression over it, you may be able to make a claim. However, if you experience anxiety attacks due to high levels of work stress, you cannot file for workers’ compensation, because an injury or disease is not the cause of the attacks.

Common challenges

The problem with mental health claims is that they are hard to prove. Physical injuries bring concrete evidence and an identifiable timeline of events. Mental conditions take time to develop, and even then, they may pass under the radar if no provider watches for or catches the signs. It can also be difficult to show direct cause and effect.

Furthermore, due to the social stigma of battling mental illness, many people feel ashamed to bring up the topic with their loved ones and/or doctor. They may lack a support system or fear to lose their jobs from a diagnosis of a mental disease or disorder.

Monitor your mental health

As you recover from a work injury, take note of any changes to your mental health, and reach out if you start to notice signs of decline. It may bring you the additional financial support you need to make a full recovery.

The post Does Ohio workers’ compensation cover mental health? appeared first on Personal Injury Lawyer Cleveland | Car Accident Attorney.

Specific hazards exist for those who choose the nursing route, and some of those hazards are physically damaging. Incidents of injuries in the nursing field continue to rise, even with changes and recommendations for prevention. Some injuries happen more than others. What can you do to protect yourself from the most common ones?

Lift patients safely

Nurses most often sustain back injuries in and around hospitals, clinics and private health care facilities such as nursing homes. These injuries occur, in large part, because proper lifting protocol gets ignored. A decade ago, staff did not have access to hydraulic lifts and chairs that aid in moving a patient from a bed to a chair and vice versa. Now that these tools exist, nurses should always take advantage of them. If it is not available for whatever reason, more than one person should assist.

Stay current on vaccinations

While it seems silly to remind people in the medical field to stay on top of vaccinations, it is necessary. Nurses face exposure to a plethora of bacteria and germs. The flu virus is running rampant again this year, and nurses battle it on the front lines. Not getting the proper vaccine at the appropriate time could spell big trouble for health care providers and their families.

Use safety equipment

There is a reason why hospitals and clinics have face shields and other safety equipment– they should get used. When patients exhibit signs of a communicable disease, don special personal protection equipment (PPE) provided throughout the ward. Failure to do so can result in transmission of virus and pathogens, not just to the nurse, but to other patients, as well.

A rewarding and fulfilling career in nursing does not mean it is without difficulties. Nurses need to protect themselves against injury throughout the workplace. The demand for their services is too critical to go without.

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Machinery could malfunction, resulting in a cutting or crushing injury that completely disables the affected body part. Accidents in vehicles while on the job could also result in the loss of limbs or extremities. Chemical exposure is another common cause, and is also associated with the loss of eyes or blindness.

Regardless of the cause of the injury, workers need to familiarize themselves with their rights under Ohio law. This includes the right to seek medical coverage and temporary or permanent disability benefits after a disabling workplace injury.

Believe it or not, someone has put a price on body parts

Although it is seemingly crass and horrifying as a concept, Ohio has placed maximum compensation amounts on different parts of the body. For example, in Ohio, the loss of your pinky finger will likely result in slightly less than $14,250 in compensation. The loss of a thumb, on the other hand, will generally result in more than $57,000.

There are different amounts, which typically reflect both the cost of medical care and the impact of the injury on future earning potential. However, just because you lost a limb at work doesn’t mean you will instantly receive the maximum benefit for your injury.

Working with an attorney who has experience in negotiating Ohio workers’ compenstion cases can help maximize the benefits you receive and ensure that someone is looking out for your best interests after a workplace injury.

The post Lost limbs due to work accidents can lead to permanent disability appeared first on Personal Injury Lawyer Cleveland | Car Accident Attorney.

Teaching may not seem like a job where injuries occur, but it is. If you teach, keep an eye and ear out for these common afflictions.

Stress

Among the highest incidents of workers’ compensation injuries among teachers are emotional and psychological issues due to stress. The pressure to maintain order in growing classrooms, keep test scores climbing, administer to those children who need extra help and attend conferences with teachers and other educators may cause even the strongest of wills to crack. Teachers take a lot on themselves that the school district does not provide, such as purchasing essential school supplies, snacks and other items needed but not readily available. Headaches, stomach ulcers and sleeplessness may develop in conjunction with stress.

Bad joints

Teaching is typically not a job done sitting down. Teachers often walk around the class or stand at the front for hours a day. If you have a previous knee or joint injury, you may start having issues. Even if you do not have problems, you may develop them. Feeling pain or pressure in your joints may signal you have suffered an injury.

Vocal problems

Speaking for hours at a time can place a strain on your vocal cords. If your vocal cords suffer pressure, your voice may continue to sound raspy, and your throat hurt. In some instances, rest may remedy the issue; however, in other cases, a more severe intervention such as surgery is necessary.

If you teach and start experiencing aches and pains, you may want to let your school know about your symptoms. Increasing pressure may cause headaches and other physical concerns. Finally, losing your voice may seem minor, but in reality, it may signal more significant issues. Pay attention to these warning signs and receive medical intervention.

The post Teachers may suffer on-the-job injuries appeared first on Personal Injury Lawyer Cleveland | Car Accident Attorney.

In general, the answer to that question is “no.” This is because Ohio follows the Natural Accumulation Rule, which says that “an owner of land ordinarily owes no duty to business invitees to remove natural accumulations of ice and snow from the walkways on the premises or to warn the invitee of the dangers associated therewith.”

Homeowner responsibility

The above quote makes it sound like the Natural Accumulation Rule applies only to commercial property owners, but in fact, it applies to homeowners as well. In 1993, the Ohio Supreme Court held that people walk at their own risk “when Mother Nature calls,” and that “Ohio homeowners are not obligated to remove natural accumulations of snow and ice.”

Cleveland city ordinances

Just because you likely will not have to pay damages if an injured pedestrian sues you, however, does not mean that you can blithely ignore the snow and ice that Mother Nature dumps on your property. Cleveland City Ordinance CCO 507.13 makes it illegal for you not to remove snow and ice from your sidewalk. Per this ordinance, you must remove it by 9:00 a.m.

In addition, CCO 411.02 requires you to put any snow you shovel on your own property, not on your neighbor’s property or in the street. If the Department of Public Service has to come out and remove the snow, you could have to pay the expenses therefor per CCO 507.13.

Under CCO 507.99, failure to remove your snow and ice could subject you to a fine for each day it remains on your property. However, if you absolutely cannot remove it for whatever reason, you must instead treat your sidewalk with a sufficient amount of salt, sand or other substance to make your sidewalk reasonably safe for pedestrians to walk on.

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Many people associate certain industries with being particularly loud or noisy, such as construction, law enforcement, military, factories and music venues. These are far from the only industries that can cause a noise problem for workers, however. For example, you may be just as affected working in an office with constant background noise or a busy bar as you would be working in a mine. According to the American Speech-Language Hearing Association, moderate workplace noise can also impact your hearing and affect you psychologically.

Physical symptoms

It comes as no surprise that the most common consequences of being exposed to constant or sudden bursts of moderate to loud noise is hearing loss. You could also suffer from headaches, vision disturbances, joint pain and tinnitus – an irritating condition caused by damage to the inner ears – by working in a noisy environment.

Emotional effects

People might assume that mild to moderate noise cannot be harmful. On the contrary, constant background noise or annoying, regular bursts of sound might cause anxiety and depression, and could even trigger symptoms of post-traumatic stress disorder. That annoying radio station your co-worker insists on turning up too loud or the screaming children in the day care center where you work may create serious, long-lasting psychological issues for you.

Physical injuries resulting from a workplace accident might be cut-and-dried in many cases, but it is harder to pin down the health and psychological effects of workplace noise. You may need to explore your legal options to determine if you are eligible for workers’ compensation resulting from a noisy job.

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Your employer, however, may beg to differ if you get injured on the job. Employers are often reluctant to pay for the lost wages and medical expenses of an injured seasonal worker. Perhaps they reason that the injured employee would have only been there for a few weeks longer anyhow and use that logic to justify their reluctance to pay for an injury.

Some employees view a seasonal worker’s injuries with suspicion. You know that you were legitimately injured at work, but you may have a tough time convincing your employer (and their insurer) of that fact.

Unfortunately for you, the odds that you could be injured on the job are probably higher than the odds that regular employees face. Aside from the hustle and commotion that often accompany the holiday season in a retail environment, you’re simply not familiar with the job. That automatically makes you less aware of potential hazards than a long-term employee might be.

Workers’ compensation is a benefit that you have regardless of how long you have been an employee or how temporary that employment may be. Generally speaking, the only major exception is that independent contractors are not covered by workers’ comp. Some employers may erroneously classify their seasonal help as independent contractors to avoid covering them through workers’ comp. If that’s the case, an attorney can help you pursue the workers’ comp benefits you deserve.

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