Elk & Elk Attorneys to Present at NBI Seminar

Elk & Elk Attorneys to Present at NBI Seminar

In the field of personal injury law, it is essential for attorneys and other legal professionals to possess a basic understanding of the human anatomy, types of injuries and common treatment options. An upcoming National Business Institute live seminar featuring presentations from three Elk & Elk attorneys will cover these topics.

Elk & Elk at NBI Seminar

NBI’s “Anatomy and Physiology 101 for Attorneys” will take place on Thursday, June 25, from 9 a.m. to 4:30 p.m. at Hilton Garden Inn Cleveland Downtown. The seminar has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 6.0 CLE credit hours, and registration is $349 (includes book).

Click here to register.

The course is designed for legal professionals who handle cases related to personal injuries, insurance, workers’ compensation and/or disability, and will offer helpful insight into the medical aspects of common cases.

Attorneys Matthew J. Carty, Michael L. Eisner and R. Craig McLaughlin of Elk & Elk will present the following topics:

Matthew J. Carty

   Head Injuries: 10:00 a.m. – 11:00 a.m.

Michael L. Eisner (presenting with Mary Hahn)

   Shoulder Injuries: 11:15 a.m. – 12:15 p.m.

R. Craig McLaughlin (presenting with Lisamarie Pietragallo)

   Hand and Wrist Injuries: 1:15 p.m. – 2:15 p.m.

Loss of consortium claims for same-sex couples: Equal protection under the law?

In some states, married same-sex couples cannot receive benefits from personal injury claims that are afforded to married opposite-sex couples.

On April 28, 2015, the U.S. Supreme Court heard oral arguments in the matter of Obergefell v. Hodges, one of four state cases[1] related to same-sex marriage scheduled before the nation’s high court this session. The petitioners in Obergefell asked the justices to decide whether the Fourteenth Amendment requires a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.

Why does it matter?

You may wonder what same-sex marriage has to do with a personal injury claim. Under Ohio law, marriage provides couples with a myriad of legal rights such as favorable tax treatment, presumed parentage, and the right not to testify against a spouse in criminal proceedings. Also included among rights afforded to married couples is the right to make a legal claim in certain cases, specifically, where a spouse has been injured or killed.

In 2004, the people of the State of Ohio adopted Ohio Issue 1, an amendment to the Ohio Constitution, which provided that Ohio would refuse to recognize the validity of same-sex marriages even if they were valid in the state where the marriage was performed.

Loss of Consortium and Wrongful Death Claims

In a personal injury claim, damages for loss of consortium cover the losses one spouse experiences when the other is injured as a result of the defendant’s negligence or other wrongful acts. Loss of consortium damages may include damages for loss of services, damages for loss of support, and damages for loss of quality in the “marital relationship,” which includes things like providing affection and emotional support.

If the injured spouse dies from his or her injuries, the surviving spouse may also file a claim for wrongful death and seek monetary compensation for loss of support that roughly equals what the injured person would likely have made, had he or she not died prematurely.

Can I file a same-sex Loss of Consortium claim in Ohio?

Each state has its own limitations on the availability of loss of consortium and wrongful death claims. In most jurisdictions, for example, in order to bring a claim for loss of consortium, you will need to show that a valid marriage exists. Under current Ohio laws, same-sex couples are unable to benefit from a loss of consortium claim or wrongful death action.

While no one knows how the Supreme Court will rule, many same-sex couples are hopeful the state cases will follow the Court’s decision in United States v. Windsor[2], which ordered the federal government to recognize the validity of same-sex marriages entered into in the states that allow them.

The audio recording and written transcripts of the oral arguments for Obergefell v. Hodges and consolidated cases can be accessed directly through links on the homepage of the Court’s Website: www.supremecourt.gov.”

Same-sex marriage laws by state

Click a state for details. (Data current as of April. 2, 2015.)

Same-sex marriage legalized
Civil unions or domestic partnerships
Constitutional or statutory provisions prohibiting same-sex marriage

Resources:

[1] The Court will rule on four cases, focusing its review on two key issues: (1) the power of the states to ban same-sex marriages and (2) to refuse to recognize such marriages performed in another state. The Kentucky case (Bourke v. Beshear) raises both of the issues that the Court will be deciding, the Michigan case (DeBoer v. Snyder) deals only with marriage, and the Ohio (Obergefell v. Hodges) and Tennessee cases (Tanco v. Haslam) deal only with the recognition question.

[2] United States v. Windsor, 133 S. Ct. 2675, 570 U.S. 12, 186 L. Ed. 2d 808 (2013)

Medical Apps for Injury Victims

Forgetting or choosing not to take your medicine is never a good idea, but for injured clients, it’s imperative to follow their medical provider’s care plan. In both personal injury and medical malpractice claims, the validity of an injury may come into doubt if you don’t follow up with your doctor and adhere to all prescribed treatments. During a trial, jurors will question the motives of someone who stopped medical treatment and may assume they do not deserve full compensation for their injuries.

Medication Reminders

Medical apps can help you track your recovery after an injury.Anyone who has multiple prescriptions knows it can be difficult to remember to take medications. The following apps can help make medication compliance easier.

MediSafe helps you manage and take your medication on time and lets you know when it’s time for refills, provides doctor appointment reminders, and provides a place to store doctor phone numbers and addresses. Users also have the option to allow their family, friends and caregivers to help with compliance by being alerted as to whether or not you medication was taken.

MedCoach makes it easy for users to follow their medication and vitamin schedule as prescribed by a doctor. It delivers friendly reminder messages to your phone. The app can even connect you to your pharmacy for prescription refills.

Track Medical Records

Medical expenses are by far the most important component of any personal injury case. Whether your case is settled out of court or decided by a jury, you must have complete medical records to back up your claim.

My Medical™ for iOS is a comprehensive record-keeping app for your personal medical information. My Medical can keep track of medications, surgeries, hospitalizations, tests, physicians, allergies, immunizations, assistive devices and much more. It meets the industry standard Continuity of Care Record format, which makes it easy to transfer records from one system to another. For extra security, data is stored directly to your device and not on a remote server.

Healthspek for iPad allows you to easily track, collect and safely share your personal and family health records, manage medications and store legal documents. Account holders can manage medications, medical charts and images, track vitals, access care, and record physician, insurance and emergency contacts, among other features. With the patient’s permission, doctors can access records through Healthspek’s www.chartnow.com–providing convenience for both you and your physician.

Be cautious of apps that make bold claims

Medical apps abound for consumers looking to use their mobile devices to improve their health and users can easily find apps that promise to promote mental health, aid sleep, cause weight loss, control food allergies, aid self-diagnosis, manage pain, and help in every other conceivable medical condition. However, the FDA regulates consumer health apps at its own discretion, depending on the possible risks to users.

“If an app claims to treat, diagnose or prevent a disease or a health condition, it needs to have serious evidence to back up those claims,” said Mary K. Engle, associate director of the F.T.C.’s division of advertising practices. “We hope marketers will take heed of that and do their homework before they get into the marketplace.”

 


 Elk & Elk Co., Ltd. does not endorse or recommend any commercial products, processes, or services. This information is not intended to treat, diagnose, cure or prevent any disease. All material provided on this Site is provided for information purposes only. Always seek the advice of your physician or other qualified health care provider.

Airbags Exploding Like IEDs – Car Occupants Hit with Shrapnel

In an urgent message to consumers, the National Highway Traffic Safety Administration (NHTSA) has recalled millions of vehicles due to defective airbags, which can spontaneously explode and seriously harm passengers.

According to government officials, owners of affected Toyota, Honda, Mazda, BMW, Nissan, Ford, Chrysler, Mitsubishi, Subaru and General Motors vehicles should take “immediate action” to replace defective airbags, produced by Japanese manufacturer, Takata. The message is especially urgent for drivers in warm climates with high humidity.

airbag recallIn an interview with ABC News, auto safety expert Sean Kane said the problem with the Takata airbags is its internal inflator.

“[It’s] the canister which sits in the center of the airbag, it’s like a metal can,” Kane said. “When that’s ignited, it’s overpressurizing the canister and the canister is exploding, much like an IED [improvised explosive device], and sending shrapnel into the occupants of the vehicle.”

Kane also said that the explosions have resulted in “severe lacerations” and caused at least four deaths.

On its website, the NHTSA lists more than 7.8 million vehicles with model years from 2000 to 2006 – as well as the 2011 Honda Element — that have been subject to related recalls over the past two years and strongly urges owners to take them to their dealers immediately.

Failure to Warn

In an article dated September 11, 2014, The New York Times revealed that Honda and the airbag supplier have known about this life-threatening flaw for at least a decade:

The danger of exploding air bags was not disclosed for years after the first reported incident in 2004, despite red flags — including three additional ruptures reported to Honda in 2007, according to interviews, regulatory filings and court records.

In each of the incidents, Honda settled confidential financial claims with people injured by the air bags, but the automaker did not issue a safety recall until late 2008, and then for only a small fraction — about 4,200 — of its vehicles eventually found to be equipped with the potentially explosive air bags.

Consumers who are uncertain whether their vehicle is impacted by the Takata recalls, or any other recall, can check on www.safercar.gov/vinlookup. On the site, you can search for recalls by vehicle identification number (VIN) and sign-up for NHTSA recall alerts, which go out before recall letters are mailed by the manufacturers to the affected owners.

Sources:

Halsey, Ashley, III. “Airbag Defect Spurs Recall of 4.7 Million Vehicles.” Washington Post, October 20, 2014. Web. Accessed October 21, 2014.

Tabuchi, Hiroko. “Air Bag Flaw, Long Known to Honda and Takata, Led to Recalls.” The New York Times, September 11, 2014. Web. Accessed October 21, 2014.

Insurance Claims: Settling Too Early Can Be a Huge Mistake

Ohio personal injury attorney Bill Price explains why accepting an insurance provider’s settlement offer may not be the right decision.

One of the most common challenges you’ll face after an injury is the need for money. We already need it every day, but when you’re injured and can’t work, you need money more than ever to provide for your family.

To make matters worse, insurance companies know your situation. They know whether you’re living paycheck to paycheck or if you’ve been out of work for 6 months due to an injury – and they use this to their advantage.

Insurance companies deal with claims every single day. Claims just like yours. Claims that involve personal injury accidents like automobile crashes, tractor-trailer wrecks and even slip and falls. You don’t deal with an injury every day. In fact, the average person only brings one lawsuit against a company in their life regarding personal injury – if at all.

Insurance adjusters take that knowledge and use it against desperate, inexperienced injury victims. You don’t know whether your injury is worth $50,000 dollars or millions. What you do know is that with a family member out of work, bills can pile up quickly. Not only are there lost wages, but also medical bills, including hospital stays, prescription drugs and even physical therapy. For a struggling family, $50,000 can seem like a lot of money.

While an early settlement can help get you back on track and help pay off some bills, don’t accept an offer before seeking legal advice. An experienced personal injury attorney can look into the matter for you and help determine if more insurance money is available. Remember, a quick settlement may help right now, but what about future medical costs? If you’ve been seriously injured, it may take a very long time before you’re able to return to work – if ever. All future costs should be carefully examined in order to provide you and your family with the compensation you deserve.

To learn more about personal injury law, I encourage you to watch the video above and to explore our educational website at www.elkandelk.com. If you have legal questions, please call us at 1-800-ELK-OHIO. I welcome your call.

William J. Price