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After a car accident here in Columbus, OH, you likely have medical bills and other expenses piling up, and it's natural to wonder how much you might actually be able to get from a car accident personal injury claim. The answer depends on your losses, degree of fault, the insurance available to pay them, and the skill of your attorney. Car Accident Personal Injury Compensation Factors in Columbus, OH What you can collect is the proven value of what you've lost, reduced by your share of blame, and limited by the insurance policy limit. Let's consider these factors. What You've Lost You can recover economic losses and noneconomic losses. Economic Losses Economic loss covers money you spent or will spend because of the accident, like your hospital bills, household help you've had to hire, and wages or benefits you lost while you could not work. There's no ceiling on that category: if you've got the proof, you should be paid for all of it. Property damage also counts here. Noneconomic Losses Noneconomic losses are to recompense you for the pain and mental anguish of your accident, and state law caps those awards at the greater of $250,000 or three times your economic loss, with a hard ceiling of $350,000 for each plaintiff and $500,000 per incident. The cap doesn't apply if your injuries meet the statute's definition of a catastrophic injury, however, which would include: Permanent and substantial physical deformity Loss of use of a limb Loss of a bodily organ system Permanent functional injury that keeps you from caring for yourself and performing life-sustaining tasks Your Fault Ohio uses modified comparative negligence, which means you can bring a claim if your share of blame for the accident isn't greater than the combined fault of those from whom you're seeking payment. Your award is then cut by your percentage of fault. If a jury finds you 20% responsible for a $100,000 loss, for example, you would receive $80,000. Insurance Policy Limit This is often a bigger factor than any caps the state puts on these claims. Ohio requires drivers to carry bodily-injury liability of $25,000 per person and $50,000 per crash, plus $25,000 for property damage. A week spent in intensive care can consume the per-person limit easily. When the at-fault driver's policy is exhausted, you would look next to your own uninsured or underinsured motorist coverage if you bought it. In some cases, you may be able to bring a claim against the other driver, but it will only be worth doing if they have something you can take. Ohio protects a person's primary residence and its equity (unless the driver didn't have insurance at all), one car, and some of the driver's personal cash, household goods, jewelry, tools and professional books, and some other items. Your lawyer can advise you when it's worth bringing a suit against the driver directly. If you've been in an accident, call us at Barkan Meizlish DeRose Cox, LLP for a free consultation and advice about what your claim can potentially recover.

After a trucking accident, it is normal to feel overwhelmed, shaken, or unsure of what to do next. Large truck crashes often involve serious injuries, commercial insurance companies, trucking company representatives, and evidence that can disappear quickly. Taking the right steps early can help protect your health, your claim, and your ability to pursue compensation. If you were hurt in a truck crash in Columbus, OH, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or visit our contact us page to speak with our team. You can also learn more about how we handle these cases on our trucking accidents page. more Essential First Steps After a Trucking Accident in Columbus, OH Get to Safety and Call 911 Your first priority after a trucking accident is safety. Move out of traffic if you can do so without causing more harm. If your vehicle is drivable, move it to a safe location and turn on your hazard lights. Call 911 immediately, especially if anyone appears injured or if the crash involves a commercial truck. Even if you feel fine, get medical care as soon as possible. Truck accident injuries such as concussions, whiplash, back injuries, internal injuries, and soft tissue damage may not show symptoms right away. A medical evaluation also creates important documentation that may help connect your injuries to the crash. After you receive medical attention, call 740-204-2125 or reach out through our contact us page so Barkan Meizlish DeRose Cox, LLP can explain your next steps. Talk to the Police and Request a Report Law enforcement should come to the scene and create an official accident report. Cooperate with the officers and answer their questions honestly, but avoid guessing about what happened or admitting fault. Stick to the facts you know. Before you leave the scene, ask for the police report number. Once the report becomes available, request a copy and keep it with your records. This report may become an important part of your claim, especially when dealing with trucking companies and insurance carriers. If you are unsure how to get the report or what to do with it, contact our Columbus truck accident team at 740-204-2125 or use our contact us page. Gather Evidence at the Scene If you are physically able, collect as much evidence as you can while waiting for help. Use your phone to take photos and videos of: Vehicle damage The truck and trailer License plates Company names or DOT numbers on the truck Skid marks or debris Traffic signals and road conditions Visible injuries Weather and lighting conditions The overall crash scene You should also exchange basic information with the truck driver, including their name, license information, insurance details, employer, and trucking company information. If witnesses saw the crash, ask for their names and contact information. Commercial trucking accident claims can involve driver logs, maintenance records, inspection reports, black box data, and company safety records. These details are not always easy to obtain without legal help. Our trucking accidents page explains more about these cases and why early action matters. Avoid Speaking With the Trucking Company’s Insurance Carrier Alone After a truck accident, you may hear from an insurance adjuster quickly. Be careful. The trucking company’s insurer may ask for a recorded statement, push you to settle early, or look for ways to shift blame. You do not have to handle those conversations alone. Before speaking in detail with an insurance company, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or submit a message through our contact us page. A lawyer can step in to protect your rights, preserve key evidence, and deal directly with the insurance companies on your behalf. Call a Columbus Trucking Accident Attorney Trucking accident cases are often more complex than regular car accident claims. A crash may involve the truck driver, trucking company, maintenance provider, cargo loading company, parts manufacturer, or multiple insurance policies. An attorney who handles commercial vehicle accidents can investigate the cause of the crash and pursue the compensation you deserve. At Barkan Meizlish DeRose Cox, LLP, we have stood beside injured Ohioans for more than 65 years and bring more than 166 years of combined experience to the people we represent. We understand how trucking companies and insurers work to limit responsibility, and we know how to build strong claims for injured clients. If you or someone you love was hurt in a trucking accident in Columbus, OH, call 740-204-2125 today or visit our contact us page. You can also review our trucking accidents page to learn more about how we help truck crash victims. You do not have to face this process alone. Contact Barkan Meizlish DeRose Cox, LLP today. We also have an office in Pittsburgh, PA, and we only take a fee if we win for you. Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.

You have the right to file a medical malpractice lawsuit if you have suffered harm as a result of a healthcare provider's negligence. Normally, this has to be a deviation from the accepted standard of care, and this deviation has to directly cause you an injury or materially contribute to it. Malpractice is one of the harder types of personal injury to successfully claim, and it's always wise to work with an experienced Columbus, OH attorney. more When to Consider a Medical Malpractice Lawsuit in Columbus, OH Signs of Potential Negligence It might be time to consider a lawsuit, or at least talk to a lawyer, if you notice your doctor consistently failing to recognize or respond to symptoms, so your treatment is delayed or you're getting incorrect treatment. If a healthcare provider is ignoring test results or is not ordering the right diagnostics before coming up with the treatment, this is also a problem.Bear in mind that just because you're getting worse under a particular healthcare provider's treatment does not in itself mean there has been malpractice. It's possible that the condition you have simply has a downward trajectory, or it's taking more time to recover from than you might like. Additionally, a doctor may just not be very intuitive but still not be committing any malpractice. Common Malpractice Scenarios Diagnosis-Related Errors In this scenario, a healthcare provider doesn't properly diagnose a condition, misdiagnoses it, or takes so long to come to a diagnosis that an illness progresses unchecked. Surgery Negligence Malpractice also happens when there are delays in performing necessary surgery, improper surgical techniques are used on a patient, or outright errors are made during the procedure. Examples include operating on the wrong site, leaving instruments inside the patient, or failing to manage postoperative complications adequately. Treatment Error This is the largest category of claims and happens when healthcare providers fail to treat conditions appropriately, use improper treatment methods, or delay providing care. This could include something like taking an infection seriously or mismanaging a chronic condition like diabetes. Medication Issues Prescribing the wrong medication, prescribing the right medicine but the wrong dosage, or failing to account for drug interactions or allergies that should have been known can all be malpractice. Obstetrics and Birth When healthcare providers don't follow the standard of care during high-stakes breech births, delay necessary cesarean sections, or fail to monitor fetal distress, the mother or the infant (or both) can suffer serious injuries. Assessing Causation and Talking With a Malpractice Lawyer There has to be a clear link between the provider's negligent actions and the resulting harm you've suffered, such as a physical injury, emotional distress, or financial losses from additional treatments. This can be tricky to prove, so if you suspect that minimal standards of care have not been met, your first step should be to talk with an experienced attorney. Call Barkan Meizlish DeRose Cox, LLP in Columbus, OH at 740-204-2125 now to set up a free consultation. You can reach our Pittsburgh office at 412-330-1821.

If you've been injured on the job, you might be wondering whether you should bring a workers' compensation claim or a personal injury claim. It all depends on the details of your accident and who's responsible, and a Columbus, OH Workers' Compensation Lawyer can give you more insight based on the details of your situation. more What's the Difference Between Workers' Compensation and a Personal Injury Claim? When an employer has workers' comp, workers' comp provides reimbursement for medical bills and a significant percentage of salary if the injured worker is unable to work for a time. Workers' comp will also provide certain other benefits for very serious injuries, such as when an employee has to be retrained for a different job or, in rare cases, can't return to any type of work ever again. Employees are eligible for workers' comp no matter who is responsible for their injury. Even if they are responsible for the accident that caused their injury, workers' comp benefits still apply. The trade-off is that employees cannot bring a personal injury claim against their employer in the event of an accident. What Makes Personal Injury Different? A personal injury claim can be brought in most cases where you get injured outside of work, such as in a car accident or after a slip and fall on property. In a personal injury claim, you can claim for more than just what you get in workers' comp. Not only can you claim reimbursement for your medical bills, but you can claim for the full value of your lost wages as well as for intangible benefits, such as pain and suffering. Can You Ever Bring a Personal Injury Claim After a Work Injury? Most of the time, no. If you were injured at work, but by a third party, such as by a customer or an independent contractor, then you may be able to bring a lawsuit against them. If your injury was due to equipment malfunction, and that equipment was being properly maintained and used in the right way, you may be able to bring a claim against the manufacturer of the equipment. But other than that, personal injury claims aren't really a valid option. What Other Options Are There? VSSR If you were injured because your employer has not been upholding state safety standards, you can file a Violation of Specific Safety Requirements. The state may then fine your employer, and you may get some compensation. Intentional Tort If you can show that your employer deliberately injured you or that your employer was aware of a problem and knew with "substantial certainty" that it would cause injury, you may be able to bring a claim. It's very difficult to prove this, however. Talk to a Columbus, OH Lawyer Right Away If you've been injured on the job, it can be extremely complicated to get the compensation you're owed. Talk to us right away at Barkan Meizlish DeRose Cox, LLP in Columbus, OH so we can advise you on the best course of action for your case.

If you’ve been in a serious personal injury accident here in Columbus, OH, the steps you take immediately afterward can make all the difference. Acting quickly will protect your rights and improve your chances of receiving the compensation you deserve. Personal injury accidents are overwhelming, but you don’t have to go through them alone. For immediate help, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or contact us today to speak with an experienced injury attorney. more Get Medical Help Immediately Your health is the first priority. Call 911 if you cannot get to the hospital on your own. If your injuries are an emergency, don’t delay getting medical care to gather evidence or talk to the police. If your injuries are less serious, you may be able to stay at the scene and talk to the police. You should also take pictures and gather witness statements. However, regardless of the severity of your injuries, you should always see a doctor as soon as possible. The sooner you receive medical attention, the better for both your health and your case. A timely medical record will clearly link your injuries to the accident and help solidify your claim. Make Sure the Right People Know In a car accident, always call the police to file an accident report. Why is this so important? An official record provides vital documentation that will be crucial when you file for compensation later. It will also contain key information about witnesses and, in many cases, an initial determination of fault. Gather Evidence If You Can If you’re not seriously injured, take photos of the scene, your injuries, and any other relevant details. You can also look for nearby cameras that might have captured the incident and get the contact details of any witnesses. This evidence will be vital for your case. Do not necessarily rely on the police or others to gather this information because it often does not happen. However, if your injuries are too severe to gather evidence yourself, don’t worry. Call Barkan Meizlish DeRose Cox, LLP at 740-204-2125, and we’ll handle the investigation on your behalf. Contact an Injury Attorney Quickly Reaching out to an experienced personal injury attorney is crucial as soon as you’re able. You need someone who knows Ohio’s laws and understands the local courts. A good attorney will have experience negotiating with insurance companies and the ability to represent you in court if necessary. Most personal injury cases are settled out of court through negotiations, but in the event that your case goes to trial, you want a lawyer who is prepared to fight for you. For expert legal help, contact us today or call us at 740-204-2125 for a free consultation. You can also visit our Serious Injury Personal Injury Practice Area for more information on how we can help with your case. Contact Barkan Meizlish DeRose Cox, LLP Today! Taking quick, informed action after a serious personal injury accident can significantly impact the outcome of your case. Barkan Meizlish DeRose Cox, LLP is here to guide you through every step. For immediate legal support and peace of mind, contact us or call 740-204-2125 today.

If you've been in a vehicle accident, you're entitled to receive compensation for your losses from whoever is at fault for the accident. But many accidents are not straightforward, and multiple parties may share some responsibility. Talk to a Columbus, OH car wreck attorney as soon as you can to find out what to expect in your specific case, but as long as you are not more at fault or equally at fault, you can recover compensation. more Can You Still Recover Compensation if You Were Partly at Fault in a Columbus, OH Vehicle Accident? Many states have something called contributory fault or contributory negligence. In our state it is known as contributory fault, and this law states that if you are 49% or less at fault for an accident, you can still claim compensation. That percentage is very important. In some states, contributory negligence is set at 51%, meaning that you can still collect damages even if you are equally at fault with the other party. But here in Ohio, you must be less at fault to collect damages. In most situations, your total damages will be reduced by the same percentage as your fault. If you had $43,000 in medical bills and property damage after an accident, for example, and are considered 20% at fault for the accident, you would only be able to recover 80% of your damages. This means you would only be able to get $34,400. Why an Attorney Is So Important There are several critical reasons it's so important to work with an attorney in any accident, but especially if you are partly at fault: 1. To Protect You From Blame As you can imagine, insurance companies love to push as much blame off the person they cover as possible. Even if they can only move the needle a couple of percentage points, that can mean thousands of dollars they don't have to pay, depending on the situation. One of the most important jobs your lawyer will do for you is to protect you from unfair blame. Your lawyer will carefully investigate the accident and aggressively negotiate based on your true level of blame. 2. Properly Calculate Your Damages It's important to properly calculate all your losses and damages in any personal injury case, but if your final settlement is going to be reduced by a certain percentage because of fault, it becomes even more essential that nothing be left out. It's easy to forget things, but a lawyer who has done this many times before knows all the right questions to ask, stones to turn over, and avenues to pursue to maximize your settlement, even after your fault is calculated. For help with your claim, reach out to us now at Barkan Meizlish DeRose Cox, LLP in Columbus, OH 43219 at 740-204-2125 and set up a free consultation. We've been winning for clients in the Columbus area since our founding in 1957, and we're dedicated to protecting your rights.

The immediate aftermath of a car accident is a bewildering time for anyone. You’re dealing with a lot of emotions - often some combination of shock, fear, anger, pain, and confusion. In a state like that, it’s no surprise that you might not handle those few minutes perfectly, especially if you don’t know what you should be doing. But as experienced personal injury lawyers in Ohio, Barkan Meizlish DeRose Cox, LLP have gone through a number of car accident cases, and we have a good sense of what may help - and what doesn’t - after a car accident. Hopefully, you never need these tips, but if you ever do, we hope you find it helpful to avoid these five common mistakes people make after a car accident. 1. Not Calling the Police Legally, the police should be called out to nearly any car accident, regardless of whether you think you’ll be calling a car accident attorney in Ohio to file a claim or not. The police will record what happened at the accident, which will include your testimony and that of the other driver (assuming there is one), and other relevant evidence at the scene. This evidence isn’t just for you to use in a claim if you choose to hire a car accident attorney in Ohio. Having this information on record also protects you from potential false claims the other driver and their car accident attorney may raise against you later. Having the police record to dispute such claims is a powerful tool, and is just the legally appropriate thing to do. 2. Admitting Guilt For the Accident Any car accident lawyer will tell you that one of the most important aspects of a car accident personal injury case is establishing liability and fault. So, if you get out of your car and say something like, “I’m sorry, it’s my fault,” or “I didn’t see you there,” you’re potentially shifting the blame onto yourself. Even if hiring a car accident attorney in Ohio isn’t in your plans, even casually admitting fault for the accident may signal to the other driver that they could hire a car accident attorney against you, and win. 3. Not Getting Medical Attention Much in the same way calling the police to the site of an accident is a great way to make sure there is an accurate record of the event, making sure you see a doctor is the best way to get ahead of any health problems that may arise from your accident. Often, people in car accidents think they feel fine, but once the adrenaline wears off, injury symptoms can start to show themselves. If you wait too long after an accident to be examined for these conditions, it can be difficult for a personal injury attorney to link those conditions or injuries to the accident itself. The personal injury lawyers at Barkan Meizlish DeRose Cox, LLP must be able to prove the accident proximately caused your injuries. Therefore, timely treatment is very important if you are injured. 4. Posting On Social Media Generally speaking, you’re going to want to offer as little information as possible on your social media channels about the accident. You should offer accurate information to the police, but only as much as they ask for. Oversharing information about your accident is a great way to have that information turned around on you in a court of law. Your Facebook posts about the cause of the accident, your injuries, or even your activities after the accident, can all be detrimental to a case if you’re looking to hire a personal injury attorney to file a claim. 5. Not Hiring a Personal Injury Attorney for your Car Accident There are a lot of things a car accident attorney can help you with in the immediate aftermath of a car accident. There are insurance forms and claims to fill out, medical considerations, and communication with the at-fault party. In most cases, the above will consume your time, attempt to gain an advantage over you, and possibly ignore your rights. At Barkan Meizlish DeRose Cox, LLP, our personal injury attorneys won’t let anyone trample on your rights when you’re at your most vulnerable. Contact us at 614-221-4221 if you or a loved one has been in a car accident, and let us help you heal and get back to normal.

The decision to talk to a Columbus personal injury attorney is never one made lightly. After an accident or injury, most people consider the possibility of contacting a personal injury lawyer at least once or twice. Sadly, many will talk themselves out of the process before they even start, thinking that they don’t have a good case, or it’s too much hassle. We’re here to tell you not to ignore your rights. At Barkan Meizlish DeRose Cox, LLP, our role is to help you navigate a post-injury process that is often stressful, confusing, and all-important. Here’s why you shouldn’t delay in contacting a Columbus personal injury attorney. Contacting a Columbus Personal Injury Attorney is Free and No-Risk You likely hear the words “ free consultation” thrown around so often it ends up just sounding like noise. So let’s talk about what that actually means. If you’ve been in an accident that wasn’t your fault, there’s a decent chance that you are at least considering the possibility of talking to a Columbus personal injury attorney, but aren’t sure if it’s the right move. You might be asking yourself questions like: “Will I be able to afford it?” “Can they actually help me in my situation?” “Is this going to be more trouble than it’s worth?” “Do I even have a case?” You don’t have to ponder these questions yourself. These are all very natural, normal questions to ask, and you deserve answers to them. A free consultation is where you can get those answers. You don’t have to stress about them on your own - an experienced personal injury attorney will listen to your situation, learn of the factual circumstances, and help lay out what your options are for the next steps. That may consist of retaining our personal injury lawyers to fight for you, and it may not. We will be upfront about your standing, and what your options are. If we are not the right choice to help you, we will point you toward resources that can. If we are the right choice to help you, then we will. The choice is ultimately yours, and we want to empower you to make the one that’s right for you. In either case, the free consultation is an opportunity for you to arm yourself with information about your options and make the best decision. The Earlier You Contact a Columbus Personal Injury Attorney, the Better If you’ve recently been in a car accident, truck accident, slip-and-fall accident, bicycle or pedestrian accident, or been otherwise injured by negligence from another person or people, the best time to contact a Columbus personal injury attorney is “right now.” That’s because our job as personal injury lawyers isn’t only to help you recover damages and compensation. We also help you deal with uncooperative insurance companies and sort out confusing and often predatory paperwork. One of our most important jobs is to make a difficult time in your life easier, alleviating your stress and letting you focus on healing. The earlier you contact a Columbus personal injury attorney, the sooner we can aid you during your recovery. If you have been injured by another’s negligence, you are being wrongfully blamed for an accident that wasn’t your fault, or you’re dealing with an insurance company that won’t cover your claim, contact the personal injury lawyers at Barkan Meizlish DeRose Cox, LLP as soon as you can so we can get on your side and start fighting for you.

On Friday, June 3, 2022, a Ross County jury awarded Barkan Meizlish DeRose Cox client John R. Gilliland the right to participate in the Ohio Bureau of Workers’ Compensation Fund (BWC) for an injury that occurred in the course of and arising out of his employment. The jury rejected the employer’s argument that the injury did not occur while Mr. Gilliland was on the job. The case was tried over three days and the jury’s verdict was returned in less than two hours. The case will now be returned to the BWC where Mr. Gilliland will be awarded benefits for the fractured neck he suffered in the work-related accident.  The case was referred to Barkan Meizlish DeRose Cox by the law firm of Knisley Brush of Chillicothe, Ohio. The case was tried by Ohio workers’ compensation trial attorneys Sandy Meizlish and Brian Noethlich.  It was the first trial for the firm since the onset of the pandemic. How Our Ohio Workers’ Compensation Trial Attorneys Fight for You We know that this victory for hard-working Ohioans is just the first of many. The COVID-19 pandemic has caused interruptions and difficulties in many parts of our lives, including litigation and the court system. So while this win is just one of several to come, it is an important landmark for our trial workers’ compensation attorneys in Ohio. As an accomplished Ohio workers’ compensation law firm, we continue to work tirelessly to defend your rights as a worker in Ohio. Mr. Gilliland’s case was one where an employer wanted to deny him access to the Ohio Bureau of Workers’ Compensation Fund to which he was entitled and had worked for. We didn’t let that happen. The level of care, detail, and preparation that we put into this case, as well as the passion we put into fighting for our client, propelled us to victory. Mr. Gilliland was in the right, and we did everything in our power to make sure the jury saw that. This is the type of passionate work, care, and dedication you can, and should, always expect from the trial workers’ compensation lawyers at Barkan Meizlish DeRose Cox all over the state of Ohio. We are ready to take your case all the way to trial and win if that’s what’s necessary. We Are More Than Just Ohio Workers’ Compensation Attorneys Today, the spotlight is on our trial workers’ compensation attorneys for their big win on behalf of a hard-working and deserving Ohioan. But Barkan Meizlish DeRose Cox is also a versatile Ohio law firm with employment attorneys working on behalf of Ohio workers in areas such as wrongful termination, discrimination, and unpaid wages and hours. Even if you have not been injured or wronged by an employer, we are also skilled Columbus personal injury lawyers and auto accident lawyers ready to fight on your behalf to help you recover after an injury, accident, or employment issue wrongfully caused by another. June’s trial win reaffirms our commitment to fighting for Ohioans to enforce their rights under the law. If you’ve suffered an injury on or off the job, physical, emotional, or financial, contact Barkan Meizlish DeRose Cox today and let us see how we can go to work for you!

How Does Product Liability Work in Ohio? Injuries and accidents happen all the time. Injuries caused by a defective product may qualify you for a product liability lawsuit. The Consumer Product Safety Commission (CPSC) organizes its accident, injury and fatality statistics into the following categories. Amusement Rides All-terrain vehicles and recreational off-road vehicles Carbon monoxide Chemicals Electrical Electrocutions Fire Fuel, lighters and fireworks Furniture and decor Home appliances, maintenance and construction Kitchen and dining Nonpool submersions Nursery products Older adults Other children’s products Other furniture and décor Other sports Pediatric poisonings Playgrounds Pool and spas Portable generators Portable generators and engine-driven tools Public facilities and products Sports and recreation Tipovers Toys Toys and children’s products As extensive as that list is, it omits cars, trucks, automotive equipment, and a whole range of other items and devices that people regularly use in their homes and at work. The categories of consumer products that are monitored for the harms they cause exist, first, to identify dangerous and defective items. That information is then used to either make products safer or to remove them from the market. Second, the CPSC’s list reflects the bedrock legal principle that companies and individuals who make and sell products have enforceable duties to ensure their products will not injure or kill people. Breaching those duties creates product liability. How Does Ohio Define Product Liability? Section 2307.71 of the Ohio Revised Code (O.R.C.) states that manufacturers or suppliers face product liability when one of the items they make or sell causes a death or injury because the item Was poorly designed, formulated, constructed, assembled, repaired, or tested; Was deceptively or fraudulently marketed; Lacked sufficient warnings; Lacked adequate instructions for safe use; or Failed “to conform to any relevant representation or warranty.” This section of the O.R.C. also defines a manufacturer as “a person engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product.” Under the law, a supplier is either “a person that, in the course of a business conducted for the purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce” or “a person that, in the course of a business conducted for the purpose, installs, repairs, or maintains any aspect of a product.” Grounds for filing a product liability lawsuit exist when the use of a defective or dangerous product directly causes death, physical injury or emotional distress to a person. The use can be one time for over an extended period. Property damage from a defective or dangerous product can also merit a lawsuit. How Long Do I Have to File a Product Liability Claim in Ohio? Generally, section 2305.01 of the O.R.C. sets the statute of limitations for a product liability claim at two years from the date on which a personal injury or wrongful death occurred. The law further specifies that injuries or deaths that happen more than 10 years after a product was purchased will not support claims for compensation. A major exception to the statute of limitation involves injuries or death due to an exposure or ingestion of medications or hazardous and toxic chemicals, or the implantation or use of a medical device. In those situations, the deadline for filing a product liability lawsuit extends from the date on which a diagnosis of the harm was made. What Types of Damages Can Be Claimed in a Product Liability Lawsuit? Ohio’s product liability laws allow victims to demand compensatory and punitive damages. Compensatory damages are monetary settlements or jury awards that cover the costs of the victim’s past and future medical treatments, replace lost wages and future earnings, and compensate the victim for physical and emotional pain and suffering. Punitive damages are noncriminal fines assessed to penalize a negligent or reckless manufacturer or supplier. These are also called exemplary damages because the financial penalty is meant to serve as an example of what could happen to another person or company that acts in a similarly negligent or reckless way. Only a jury can award punitive damages, but a product liability claim can be settled without going to trial. On a final note, when a dangerous or defective product kills a user, Ohio law permits the victim’s spouse, adult child, next of kin, relative, or legal executor to file a wrongful death claim on the deceased victim’s behalf.

Paraquat linked to increased rates of Parkinson’s disease Paraquat dichloride (a.k.a. “paraquat”) is the most common brand of herbicide in the United States. Also referred to as Gramoxone, Paraquat is a chemical pesticide used to kill leaves that it comes into contact with. Applied as a spray, it has been used to clear fields before planting in United States commercial farming and agriculture since the 1960s. Applicators typically spray it on commercial crops such as corn, soy and cotton. Paraquat is extremely toxic and harmful to humans. Ingesting as little as one sip of paraquat can kill you. Manufacturers mix paraquat with blue dye so that it is not confused with a food product. The U.S. Environmental Protection Agency (“EPA”) classifies paraquat as a restricted use pesticide, meaning only certified pesticide applicators can use it. To be a certified pesticide applicator, a person must take an EPA-approved training and examination, and continue to be regulated by the state where they acquire and apply paraquat. Once certified, the individual becomes a “commercially licensed applicator.” Unfortunately, commercially licensed applicators of paraquat are “the most at risk for exposure.” Exposure can incur by ingestion, inhalation, and skin exposure. Safety measures exist to prevent accidental ingestion, direct inhalation, and/or exposure while mixing and applying. Unfortunately, the commercially licensed applicators and those who work with them (including groundskeepers, farmers, growers, pickers, and other agricultural workers), are exposed to paraquat residue on their clothes, skin, and hair. They are also exposed to mist drift when the wind changes while they are applying the pesticide. Multiple scientific studies have linked repeated exposure to paraquat in low doses to the development of Parkinson’s disease. Parkinson’s disease effects the human neurological system. Individuals diagnosed with Parkinson’s disease often experience reduced control over their fine motor skills.  As a result, tremors, loss of balance and coordination, slower movement, and rigid limbs are all associated with this devastating disease. Unlike other neurodegenerative diseases, the genetic cause of Parkinson’s is not completely clear and thought to be low. However, the link between Parkinson’s and exposure to pesticides such as Paraquat has been demonstrated through numerous scientific studies. “People who used developed Parkinson’s disease approximately 2.5 times more often than non-users.” Commercially licensed applicators and other agricultural workers exposed to smaller amounts of the chemical over a long period may not manifest symptoms for years.  Many commercially licensed applicators and other agricultural workers who have been exposed to Paraquat and later developed Parkinson’s disease are filing lawsuits against the manufacturers. If you or a loved one was exposed to paraquat and developed Parkinson’s disease, you should seek legal advice on your rights.   Believe you were affected? Contact our Paraquat attorneys. - Bob DeRose https://emergency.cdc.gov/agent/paraquat/basics/facts.asp Robin Arnette, NIH study finds two pesticides associated with Parkinson’s disease., National Institute of Health, February 11, 2021

Stop the medical errors, and you stop the lawsuits Newspaper March 3, 2012 | Columbus Dispatch, The (OH) Page: 9A | Section: Editorial & Comment | Column: LETTERS TO THE EDITOR 437 Words With regard to the Feb. 20 article "Doctors go on the defensive with tests," I offer the following comments that hopefully reflect the other side of the debate. The article described a practice among some doctors who allege they order unnecessary tests as a hedge against potential medical-malpractice claims. There is a crisis in medicine: medical errors, and errors ought to be the primary concern of the medical community, not the declining number of lawsuits against hospitals and doctors when those preventable errors occur. Rather than asking how we can further reduce the number of lawsuits and limit accountability, which was done legislatively in the early 2000s (the number of lawsuits in Ohio has declined every year since), we should be considering how we can improve the quality of medical care in this state and reduce the staggeringly high rate of medical errors. According to the Institute of Medicine, 98,000 people die annually because of medical errors. That's the equivalent of two 737 airplanes crashing every day for a whole year. Health Affairs magazine reported last year that one in three patients in a hospital is the victim of medical errors. Why aren't we talking about these horrifying statistics and the ways to solve the problem? Wouldn't Ohioans be better served by working to find solutions to this rampant problem rather than trying to reduce overall accountability when those errors occur? We also question the veracity of the self-reports where doctors claim to order unnecessary tests. The law does not require doctors to order any tests. Instead, a doctor need only act reasonably in the care and treatment of the patient, and if it is reasonable to not order certain tests, the doctor cannot be held liable. Second, many tests, particularly invasive tests, come with inherent risks. It is inconceivable that a caring doctor would intentionally subject a patient to such a test simply for selfish reasons. Third, in Ohio, a doctor cannot be sued at all unless another physician in the same specialty has executed an affidavit under oath stating the treating doctor acted unreasonably. So, it is doctors who determine whether a treating doctor can be sued, not the patient or the patient's lawyer. Such a physician surely could determine whether a test was necessary or not. The law already has been changed many times to discourage patients from filing claims. Additionally, if we can raise Ohio's standard for the quality of care, the few remaining lawsuits due to medical malpractice will naturally fall. If, however, we simply reduce the ability of average citizens to seek justice through our courts, we are turning a blind eye to the real problem. BOB DeROSE