"Under-Insurance” Claim Battle Continues
We are in the process resolving what is called a ‘under-insurance” claim for a client of ours.
We are in the process resolving what is called a “under-insurance” claim for a client of ours.
This client was riding a motorcycle back in 2021 when he was hits by a driver who had only $100,000 in coverage.
When those $100,000 in policy limits were extended to the client, we sought more benefits/coverage from his own insurance carrier (which had “under-insurance” limits of $500,000.00).
The client’s injuries are very unique, and getting his own insurance company to do the right thing (i.e., properly value his loss) has been a challenge.
This battle is not over yet, but we keep pressing on.
Awareness is the Key to Safety During the Summer Months
During the summer months, several issues related to personal injury law become more prominent.
During the summer months, several issues related to personal injury law become more prominent.
It's important to be aware of the following potential risks:
Motor Vehicle Accidents: With increased travel and road trips, motor vehicle accidents tend to rise during the summer. Drivers should be cautious of speeding, distracted driving, and drunk driving. Additionally, motorcycles, bicycles, and pedestrians are more prevalent, so drivers should be mindful of sharing the road safely.
Recreational Accidents: Outdoor activities such as swimming, hiking, biking, boating, and amusement park visits become more common in the summer. Accidents related to water sports, diving, boating collisions, theme park ride malfunctions, and injuries on playgrounds or sports fields can occur. Knowing and adhering to safety guidelines and regulations is crucial.
Slip and Fall Accidents: Summer brings increased foot traffic in public places like shopping centers, parks, and recreational areas. Slip and fall accidents can result from wet surfaces, uneven pavements, inadequate maintenance, or insufficient warnings. Property owners have a duty to maintain safe premises and address potential hazards.
Dog Bites: More people and pets are outdoors during the summer, increasing the likelihood of dog-related incidents. Dog owners are responsible for controlling their pets and preventing them from causing harm. If you're bitten or attacked by a dog, you may have a legal claim for compensation.
Heat-Related Injuries: Excessive heat during the summer can lead to heat exhaustion, heatstroke, or other heat-related illnesses. Employers should provide a safe working environment and take measures to prevent heat-related injuries. In certain cases, individuals may have a claim if they suffer injuries due to negligence or inadequate precautions.
Social Host Liability: Summer is a popular time for social gatherings, parties, and barbecues. If a host serves alcohol to an intoxicated guest who then causes harm to themselves or others (such as drunk driving accidents), the host may be held liable for their negligence.
If you're involved in an accident or injured during the summer months, it's important to consult with a personal injury attorney. Lipson O’Shea Legal Group can provide guidance and help determine if you have a valid legal claim.
National School Bus Safety Week
School is back in session and the Ohio State Highway Patrol is taking extra precautions.
School is back in session and the Ohio State Highway Patrol is taking extra precautions.
National School Bus Safety week will begin on Monday, October 17, through Friday, October 21.
A nationally recognized safety event, this week is dedicated to ensuring all safety measures are taken for students to remain protected both to and from school.
It is important to remind new drivers of the traffic laws surrounding bus stops and school zones and we are here to ensure your rights are protected.
August is Most Dangerous for Construction Workers
More construction workers are injured in August than in any other month of the year, according to data collected by the Bureau of Labor Statistics.
More construction workers are injured in August than in any other month of the year, according to data collected by the Bureau of Labor Statistics.
This is why it is vital to avoid distracted driving or driving under the influence.
One text can change a live forever, leaving you behind bars.
Take extra precaution this month as more are working on the roads and drive safe!
If you have been injured on the job, we have decades of experience and are ready to fight for you.
Successful Personal Injury Outcome
We recently resolved a personal injury case where one of the biggest battles was with our client’s health insurance company.
We recently resolved a personal injury case where one of the biggest battles was with our client’s health insurance company.
Under the law, a health insurance company may be entitled so some of the personal injury settlement/verdict proceeds, and the injured party and their respective counsel have to try and protect that “reimbursement” lien.
Some insurance carriers are reasonable, and some are not (some are just down right despicable greedy).
After lots of legal warfare, we got the amount demanded by the health insurance carrier significantly reduced. More money in the inured person’s pocket (where it should be).
March is Brain Injury Awareness Month
For decades we have helped those injured on the job and continue to fight for those suffering life-long injuries.
For decades we have helped those injured on the job and continue to fight for those suffering life-long injuries.
This month recognizes Brain Injury Awareness Month. As reported by New West Physicians, falls account for over 40% of brain injuries, with over 15% caused by objects falling.
Workplace injuries continue to pose a real threat to employees, and we are here to make sure you are safe while working on the job.
If you are victim of a fall or are concerned your workplace is unsafe, contact us immediately.
Are You Protected on the Job?
As we begin a new year with new career goals, it’s important to make sure your health is protected.
As we begin a new year with new career goals, it’s important to make sure your health is protected.
No matter what industry, your employer has a legal obligation to make sure you are safe each and every day.
The U.S. Bureau of Labor Statistics reports back injuries being most prevalent with injuries caused by falls being second.
Don’t wait for an injury before you take action. If you suspect you are facing harm on the job, or have been injured while working, contact us immediately.
Is Your Health Insurance Protecting You?
The deadline for health insurance coverage is approaching and we have seen firsthand how they can fail their members.
The deadline for health insurance coverage is approaching and we have seen firsthand how they can fail their members.
We are currently fighting on ongoing battle with an insurance company trying to steal a significant portion of a disabled and injured woman's personal injury proceeds.
Sadly we have seen far too often cases where the insurance company is looking for a payday instead of taking care of the injured or sick party.
Before you change or select your health care company, make sure your interests are protected.
And if you believe you are entitled to proceeds that your carrier is trying to keep, contact us immediately.
August Sees Greatest Road Fatalities
Road trips and vacations are still in full force and this month has the highest amount of motor-vehicle deaths.
Road trips and vacations are still in full force and this month has the highest amount of motor-vehicle deaths.
Known for being a busy month as we fit in one final trip of the summer, August also ranks as the deadliest month of the year, with more DUI crashes than any other month.
Make sure you drive safe, sober and don’t forget to buckle up everyone in your vehicle. And if you see suspicious driving, be sure to call Call #677 to report it to the Ohio State Highway Patrol.
Drive safely and if you find yourself facing charges of any kind, our office never closes so you can contact us day or night, even on holidays.
Work Injury Season is Here
Summer is coming and so is the season for personal injuries.
Summer is coming and so is the season for personal injuries.
With construction at its peak season along with roofing and landscaping projects on the rise, the risks of injuries significantly increase from now until September.
According to the United Stated Department of Labor, 20% of workplace fatalities are in the construction industry.
Whether it is your teen’s first seasonal job or you are a long-time worker, it is vital and life-saving to know the laws put in place to protect you.
The Occupational Safety and Health Administration ensures every worker’s safety while making sure that all safety protocols are met.
The most frequently cited standard by OSHA was failure to have proper fall protection in the construction field.
If you believe your working conditions are unsafe, contact us immediately.
Are Your Rights Protected?
The U.S. Bureau of Labor Statistics reported the highest fatalities were in the private transportation and the warehousing industry.
Construction season is coming and we are here to make sure your worker’s rights are protected.
The U.S. Bureau of Labor Statistics reported the highest fatalities were in the private transportation and the warehousing industry, with fatal work injuries totaling 158.
With OSHA Worker Rights and Protections in place to protect every Ohioan, it is vital your safety remains a top priority.
So whether you are on the roads or in a warehouse we advise everyone, no matter what your job, to know your rights and ensure they are upheld.
And if you are concerned you or other employees are at risk, contact us immediately.
Enter 2021 in a Safer Workplace
5,333 workers died on the job according to The Occupational Safety and Health Administration, more than 100 a week or about 15 deaths every day.
This is the time for resolutions and if yours includes a new career, make sure your safety is a priority.
The United States Department of Labor found the most frequently cited standards were all involving unsafe conditions including fall protection, scaffolding, machinery and face protection.
5,333 workers died on the job in 2019 according to The Occupational Safety and Health Administration, more than 100 a week or about 15 deaths every day.
“About 20% (1,061) of worker fatalities in private industry in calendar year 2019 were in construction – accounting for one in five worker deaths for the year.”
No matter what industry you are looking to gain employment, it is important to ensure your rights are protected.
If you believe your current work environment is unsafe or not properly following safety protocols, contact us today.
Citations for Safety Belt Violations Are Increasing
3,504 people in Ohio were cited with failing to wear an available safety belt. Additionally, 36 people were cited for child safety seat violations.
State Trooper Project reveals 3,504 people in Ohio were cited with failing to wear an available safety belt. Additionally, 36 people were cited for child safety seat violations.
In an effort to ensure all safety precautions are being taken, the Ohio State Highway Patrol joined forces with five other states to focus on distracted driving enforcement.
While you may avoid texting and driving, as well as drinking and driving, it is also important to note you can be pulled over if you or your passengers are not wearing your safety harness.
Children should also be properly restrained in their age-appropriate car seats and the Rocky River Police Department will even install child seats at no cost.
Whatever charges you find yourself facing, we have the expertise to ensure your rights are met and are available 24/7.
Make Sure Your Bus Riders Stay Safe
Governor Mike DeWine and Ohio State troopers recently joined forces to enforce “Red Lights Mean STOP” an initiative to ensure all drivers follow required stops behind buses.
Governor Mike DeWine and Ohio State troopers recently joined forces to enforce “Red Lights Mean STOP” an initiative to ensure all drivers follow required stops behind buses.
According to the Ohio State Highway Patrol, “From 2017 to 2019, there were 3,967 crashes involving school buses reported in Ohio. During that time, five people were killed in five crashes and troopers cited 1,999 drivers who passed a school bus when they were required to stop.”
With so many new students now going back to school, it is even more important for drivers to remember they are required to stop 10 feet from the bus to ensure the children safely enter and exit the bus.
“Ohio drivers need to watch for school buses — especially when they stop to drop off or pick up our students,” Ohio Gov. Mike DeWine said. “Working together, we can ensure that school buses remain the safest mode of transportation for students to and from school,” reported by NBC4.com.
We advise anyone facing negligent driving charges to contact our office immediately.
Is Your Employer Following New Covid-19 Regulations to Protect You?
With new Ohio mandates in place by the Department of Health, now more than ever it is vital that every employee feels their health is the highest priority.
Labor Day is coming up on September 7 and we have always worked hard to protect the rights of every worker.
With new Ohio mandates in place by the Department of Health, now more than ever it is vital that every employee feels that their health is the highest priority.
Whether you work in a manufacturing industry, retail, or an office, it is your employer’s responsibility to create safe working environments for you.
If you feel your health and rights are not being protected, and that your employer is not adhering to these new business guidelines, we advise you to contact us immediately.
Working From Home Entitles You to the Same Legal Protections
Did you know employers are still liable for injuries even if they occur at home?
Did you know employers are still liable for injuries even if they occur at home?
The Pittsburgh Post Gazette recently reported on this issue, “Under the Family Medical Leave Act and the Americans with Disabilities Act, anxiety — which according to recent Census Bureau data is impacting 30% of Americans right now — is a covered condition. Plus, there is new COVID-19 federal legislation that applies to smaller businesses than would be covered under FMLA.”
Whether you are an employer or an employee, it is vital you are aware of your responsibilities and rights during these current conditions.
There is actually a legal precedent for an employee who rain downstairs at home and sustained an injury that was ruled to be covered as it occurred while she was trying to fulfill her duties as an employee.
We advise every small business owner to ensure they are properly following protocol and as an employee, it is important for you to understand your legal rights.
If you need legal expertise on this growing issue as we navigate these new waters, contact us.
Construction Increases and So Do Risks of Accidents
We all know spring season brings construction season, and in Ohio, transportation incidents resulted in 60 fatal work injuries.
We all know with spring season comes construction season, and in Ohio, transportation incidents resulted in 60 fatal work injuries in 2018, up from 52 in 2017.
According the U.S. Bureau of Labor Statistics, fatal work injuries totaled 158 in 2018 for Ohio.
We have represented many clients who were injured on the roads and on the job. It is vital to know your rights before even beginning work, and to understand the proper standards that should be in place to protect you.
By law all employers must follow OSHA regulations. If you have concerns that your company is not adhering to these legal standards, or if you have been injured on the job, we are ready to fight for you.
With countless experience helping clients who have been injured, we can help you every step of the way to make sure you receive the financial and medical assistance you deserve.
Don’t wait another day. Contact us today.
Is Your Auto Insurance Protecting You?
Ohio consistently ranks as the state with the most winter driving fatalities, averaging 86 deaths per year.
Cleveland winter has arrived and we can advise you on what to do if you've been the victim of an auto accident.
With these dangerous conditions comes an increase in traffic accidents.
Ohio consistently ranks as the state with the most winter driving fatalities, averaging 86 deaths per year.
If you have been injured in a car accident, it is important that you receive the proper medical and financial reimbursement.
We have experienced first-hand what happens when a victim’s auto insurance fails to give proper coverage and we recently helped a client who had to file suit against his own insurance company for such neglect.
During these dangerous traffic conditions, it is vital that you make sure your auto insurance company has sufficient “uninsured” and “underinsurance” coverage on your personal automobile policies.
If you have questions about the appropriate policy to protect you and your family, or if you are the victim of an automobile accident contact us today.
New Year, New Job?
Making a new career change is one of the top New Year’s resolutions.
Making a new career change is one of the top New Year’s resolutions.
It’s important to make sure your employer meets all safety standards. Ohio legally requires certain practices to keep employees safe.
To better understand your legal rights, Occupational Safety and Health Administration has a complete list of guidelines every employer should follow.
If you have been injured on the job, Ohio also ensures you receive compensation while you recover and to cover your medical expenses.
We understand Ohio workers’ compensation regulations and are ready to make sure you are protected and receive all of the medical and financial assistance you need.
Let us guide you to a safe employer and help you if you have been injured while working and contact us today.
Major Federal Ruling Supports Veterans
We honor our veterans and in an unprecedented ruling, a federal court has ruled it will permit a class-action lawsuit against the Department of Veterans Affairs.
We honor our veterans and in an unprecedented ruling, a federal court has ruled it will permit a class-action lawsuit against the Department of Veterans Affairs.
November 11 marked Veterans Day and while their dedication can never be recognized enough, it is important that they continue to receive the assistance they need in their post-military careers.
Godsey v. Wilkie was filed to help veterans who had to wait more than a year to certify their disability benefits appeals claims. “The case was originally filed in 2017 on behalf of four veterans facing lengthy delays, but lawyers argued it should be broadened to include an entire class of individuals waiting for their benefits.”
As reported in the Military Times, “(The court’s) order certifying a class action for the first time in its 30-year history is a landmark moment, and will help ensure that our veterans and their families have more access to the justice they deserve,” said Bart Stichman, executive director of the National Veterans Legal Services Program, which has helped oversee the case. “It has been a long time coming.”
We are proud to fight tirelessly for all veterans and workers who face injuries on the workplace.