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Bird strike causes helicopter accident

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It was a three year old, approved for flight, Sikorsky helicopter. Everything about this aircraft was checked and cleared for safety by the Federal Aviation Administration. On Jan. 4, 2009, $7 million aircraft was brought down after a collision with a red-tailed hawk.

Seven minutes into flight, the helicopter hit a red-tailed hawk, shattering the windshields and plunging the 6-ton aircraft into the marshes below. Eight people died from this incident.

Everything about the helicopter seemed modern and fine, but upon close inspection, it was found that this accident could have been prevented if safety standards were actually enforced. According to USA Today, “ its windshields were made of acrylic and didn't meet strength standards the FAA established in 1996 to prevent catastrophe in a bird strike. The FAA allowed the lighter acrylic windshields because the helicopter had only to meet federal safety standards from when it was designed — in 1978.”

This is “absolutely crazy” as retired colonel, air-safety expert, and former commander of the U.S. Army Aeromedical Research Laboratory Dennis Shanahan puts it. "This is essentially an abrogation of (the FAA's) responsibilities as a safety agency." The aircraft passed inspection because of an exemption policy called “grandfathering,” which gives manufacturers the right to construct brand-new aircraft under the safety standards that were in place when the aircraft was designed sometimes decades earlier. The Piper Cherokee, for instance, needed to only meet the federal safety standards that were set for the airplane from the 1960s and 1970s.

These policies have obviously led to dangerous repercussions. Since 1964, nearly 45,000 have been killed from crashes in private flights. Safety deficiencies have contributed to thousands of these deaths.

In every potential life-risking, life-harming situation, it is imperative to seek an attorney for further assistance and help. Our attorneys continue to represent countless victims and their families, helping them in their time of need to receive their deserved compensation. For an opportunity to speak to one of the attorneys at our law office, please call 800.637.8170. Here, you will receive advice on the next steps to take, a free copy of The Ohio Wrongful Book, and plenty more resources to assist you.


3 Things to Know if Injured by Defective Product

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There are various types of defective products and various reasons why the product has become defected. The personal injury lawyers at the Charles E. Boyk Law Office have handled countless product liability claims and have helped those injured by defective products to receive the compensation that is deserved for the injuries and pain and suffering that were experienced.

Our lawyers have found the below three things very important for an individual injured by a defective product to know.

  1. Seek medical treatment immediately – after being injured by a defective product, it is important to seek medical attention. This is not only advised for your own physical health, but it also helps to support your product liability claim.
  2. Do not dispose of the product – whether the defective product is a small appliance, a bicycle, or even a car, do not dispose of it. If you do not have the product, you cannot prove that it became defective. Therefore, if you were injured in a car accident due to issues with the airbags, do not get rid of the car because that means you are getting rid of the evidence for your claim.
  3. Contact a personal injury lawyer experienced in product liability – there are several reasons why contacting a personal injury lawyer to help with your case is important. First off, they will give you the guidance that is necessary to support your product liability claim. For example, if you contacted a personal injury lawyer soon after an accident in which a defective airbag didn’t deploy, they would advise you to not get rid of the car, among many other things. It’s always best to have a professional on your side, fighting on your behalf.

Defective Products: Personal Injury Lawyers

Defective products are caused for three reasons – design defects, manufacturing defects, and marketing defects.

  • Design defects – the product was not designed properly, resulting in injury to users
  • Manufacturing defects – there were defects in the manufacturing process that resulting in the product defects
  • Marketing defects – the instructions or safety information was not correct, resulting in injury to those who use the product

A personal injury lawyer with experience in product liability claims can help you to file a personal injury claim for the injury that was caused by the defective product. It is important to have an experienced lawyer with cases similar to yours as they will better fit to work on your behalf and help you to receive the compensation that is deserved no matter what defect caused your injury.

To speak to one of the lawyers at the Charles E. Boyk Law Office, call 800.637.8170. We advise that you contact a lawyer soon after the incident occurs so you can be sure that you follow all the necessary steps in the legal process under the guidance of an experienced professional. By calling our office, you will have the opportunity to speak directly with a lawyer and receive a free case evaluation along with their advice regarding the steps to take. 

Personal Injury: Cases of Interest August 2014

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The Charles E. Boyk personal injury law office highlights personal injury cases of interest each month in the firm’s newsletter, The Boyk Bulletin. Many individuals do not know the wide variety of personal injury cases that can occur, so by sharing information regarding this area of law, we hope to educate our readers on not only the types of cases that we handle, but also what they should do if involved in a similar accident.

Below are the three cases of interest highlighted in August 2014. If you or a loved one has been involved in a similar situation and would like legal guidance, call our personal injury law office at 800.637.8170.

Personal Injury Cases

Boy Chased in Street by Dog then Hit by Car

A 12-year-old boy was riding his inline skateboard one day when he was chased into the street by a dog. The left side of the boy’s face struck a vehicle in the road and the accident caused serious injuries including a severe concussion, an implant of a titanium place and screws, and the need for plastic surgery.

Related: Dog Attack: Three Important Steps

Motorcycle Accident Leads to Months of Rehab

Our client was struck by a vehicle while riding his motorcycle, resulting in a two week state at the hospital to treat multiple injuries sustained in the accident. The motorcyclists experienced a six-inch laceration to his leg and suffered several other injuries including a broken tibia and fibia, cracked ribs, road rash, and an injury to his Achilles tendon. The motorcycle accident victim is unable to walk at this time and is in an inpatient rehab facility facing months of physical therapy.

Related: Injured in Motorcycle Accident

Car Accident Causes Head Injury & Multiple Fractures

Our client was the passenger in a vehicle during a roll-over accident. His friend was driving a truck and trailer when he lost control and flipped the truck 4-5 times. Our client sustained multiple injuries in the accident including factures to his collar bone and shoulder blade, two broken ribs, a concussion, and collapsed lungs. The client has also had 21 stitches to his face and forehead after the roll-over accident.

Related: Injured in Auto Accident

As you can see, the practice area of personal injury includes a variety of accidents. The lawyers at the Charles E. Boyk Law Office are experienced in a variety of cases including those similar to the ones described above, in addition to many other types. From dog bites to wrongful death, we help injured clients and their families receive the justice and compensation that is deserved after an accident affects their lives.

To speak to one of the personal injury attorneys at our law office, call 800.637.8170. You will be able to speak directly to an attorney about your case as well as receive advice regarding the legal steps that you should take. We also recommend checking out the Reports page on our website and ordering a free legal resource that can help guide you through the personal injury process.

 

Do I notify police after a dog bite?

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Many individuals do not realize both the frequency and seriousness of dog bite attacks. They can result in personal injuries that include everything from scratches to permanent damage. In fact, a very young girl and previous client of our office suffered permanent disfigurement to her face as a result of a dog bite attack. The young girl now has a scar on her face that will be with her for the rest of her life.

While we have all heard of dog bites occurring, many do not know the steps to take after being bitten. Included in The Ohio Dog Bite Book, a resource our personal injury lawyers wrote for victims of dog bite attacks, is a list of quick tips that victims should know. One of the tips is that the victim of their family should notify the authorities after a dog bite occurs. You should contact the police or a dog warden so the appropriate reports can be made regarding the attack. It is also required that all dog bites are reported to the local health department. If you notify the police and fill out a report, they will also notify the health department.

Our personal injury lawyers recommend that anyone who is bitten by a dog first seek medical treatment for the resulting injuries and then report the dog bite attack to the police.

Injured in Dog Bite Attack

Some of the other tips included in The Ohio Dog Bite Book include the following:

  • Contact a personal injury lawyer – call a lawyer who is experienced in dog bite attack cases and can help you to follow the appropriate steps toward a dog bite injury claim.
  • Do not rush to settle your claim – it is important not to rush the settlement process. Our personal injury lawyers recommend completing medical treatment before doing so. You may find out that your injury requires more medical treatment than initially expected and if you rush to settle your claim, you could end up not receiving the full amount of compensation that you deserve.
  • Allow your personal injury lawyer to communicate with the insurance adjuster – do not underestimate the insurance adjuster. Dealing with legal claims is their full time job so it is important to have your personal injury lawyer handle all communication with the insurance adjuster when it comes to your dog bite claim. We also remind dog bite victims to not give a statement to the insurance adjuster without consulting with their lawyer first.

When it comes to dog bite claims, we cannot stress enough how important it is to have a personal injury lawyer handling your claim. It not only positions you to receive a better settlement in the long run, but also reduces the stress that is put onto you throughout the process. Having an experienced lawyer who has handled similar dog bite cases to yours will act in your favor as they know the legal process and the steps to take to maximize your compensation.

Dog Bite Lawyers

To speak to one of the dog bite lawyers at our personal injury law office, call 800.637.8170. When calling the Charles E. Boyk Law Office, you have the opportunity to speak directly to an attorney about your case and to receive advice on the steps that you should take. You can also request your free copy of The Ohio Dog Bite Book to serve as your legal guide when calling into our office, or order your copy online.

Medical Malpractice: Facts and Fiction

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Medical malpractice occurs when medical care is receive that is below the standard of care that is accepted in the medical community. Care that is below the standard of care can cause injuries and death to those patients who receive it.

Medical malpractice cases can often be devastating, as some individuals may go in for a routine surgery and then never come out of the operating room. However, medical malpractice does not only occur in the operating room, but at any point throughout the entire process of medical care.

Examples of Medical Malpractice

When most people think of medical malpractice, the first thing that comes to mind is a mistake that happens during surgery, causing serious injury or death to the patient. However, medical malpractice can happen at any point of the process of receiving medical care, from the first appointment with the doctor to the discharge from the hospital.

Some types of medical malpractice aren’t caused by something that the doctor or medical professional does, but rather something that they fail to do.

If a medical professional fails to take action on behalf of the patient’s health, or fails to provide a diagnosis for a disease or medical condition, there may be a legitimate medical malpractice claim. Common examples of medical malpractice in terms of a medical professional failing to take action include:

  • Misdiagnosis or failure to diagnose a disease or medical condition
  • Failure to provide appropriate treatment for a medical condition
  • Unreasonable delay in treatment of diagnosed medical condition

A medical malpractice claim can be brought on by the individual who has been injured or by their estate. The claim can be against any medical professional who was negligent in the process of care, including:

  • Doctors
  • Counselors
  • Psychologists
  • Psychotherapists

In a medical malpractice case, it must be proven that it is more likely than not that what a medical professional did during the process of care was below the proper standard of care. It can be very complex to prove such cases, making it imperative to have an experienced medical malpractice attorney working on your behalf.

What is not Medical Malpractice?

While you would hope that the bedside manner of a medical professional is not rude, experiencing bad behavior at the doctors is not grounds for a medical malpractice lawsuit. While some things can go wrong due to improper behavior, the patient must suffer an injury as a result for there to be a legitimate case of medical malpractice. Medical malpractice attorney Chuck Boyk says that rude or verbal misconduct does not fall into the medical malpractice category.

There are also times in which care is received that is above the standard of care, yet bad results occur anyways. A bad results that occurs despite proper care is most likely not a case of medical malpractice.

Medical Malpractice Attorney

Since there are so many complexities when it comes to medical malpractice, it is very important to seek the guidance of an attorney if you feel as though you or your loved one is a victim of medical malpractice. To speak to the attorneys at our law office, call 800.637.8170. When calling in, you will have the opportunity to review your medical malpractice case with an attorney and learn more about your legal options. You can also request our free legal resource, The Ultimate Guide to Medical Malpractice to serve as a guide throughout the legal process. Request your copy when calling in, or order it online. 

 

Ohio Man Killed in Golf Car Crash

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A Wooster, Ohio golf cart crash early Saturday morning resulted in the death of one and injury to two others.

A report by 13abc states that 42-year-old Craig Franks was driving the golf care with two passengers in the early morning hours. Ohio State Highway Patrol said that the golf cart driving westbound down a road when it went left of center and off the road. According to the 13abc report, the cart went over an embankment and then overturned. All three people were thrown from the golf cart.

One of the passengers on the golf cart, Robert Moore, was found dead at the scene of the accident. There was also a female passenger that was transported to the hospital with the driver of the golf cart with injuries that were reported as non-serious.

Alcohol did play a factor in this fatal golf cart accident, along with unsafe speed. The driver also failed to control the golf cart, all three playing a role in the accident.

Our office’s thoughts are with the Moore family as they mourn the loss of their loved one. We also wish the others involved in this accident a speedy recovery for the injuries that they’ve sustained.

Related: Wrongful Death Lawsuit for Loved One

Family Member Killed in Golf Cart Accident

While you may not hear about golf cart accidents as often as others, they do happen and the victims are able to seek legal claims similar to a car accident. Our personal injury office is familiar with golf cart accidents and the legal options that are available to those involved.

In the case of the golf cart accident that occurred in Wooster, Ohio, we would advise the family of Robert Moore to contact a wrongful death attorney. When it comes to accidents like this, it is best to seek the guidance of an experienced attorney as it allows the family to focus on mourning their loved one. A wrongful death attorney will take care of the many legal things involved with such an accident, taking the stress off of the family and ensuring all documents and communication is taken care of.

Related: How do I file a wrongful death claim?

Wrongful Death Attorney Ohio

The wrongful death attorneys at Charles Boyk Law Office have helped countless families through the legal process. If you would like to speak to an attorney about your loved one’s wrongful death case, call our office at 800.637.8170. You can also order a free copy of The Ohio Wrongful Death Book that serves as a guide throughout the entire legal process. Request your copy when calling our office, or order online.

School Bus Safety Tips for Parents

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As another school year begins, the reminder of the importance of bus safety hits the minds of parents. This reminder was even greater this year in the Toledo area as there were three bus accidents just as the year began.

Bus safety is a very important issue for parents to review with their children. As children walk to the bus stop, there is potential for an accident around every corner – literally.  Our personal injury lawyers believe that by sharing tips and advice for parents through our blog, we can hopefully spur some safety conversations in the household and prevent preventable bus accidents from occurring.

Related: Washington Local School Bus Accident

School Bus Safety

The concern for safety does not only exist when a child is in route to the bus stop, but also when they are on the bus and exiting it. We have outlined some safety tips for parents to share with their children below.

If you are a parent of a young school child who rides the bus, be sure to highlight the below for bus stop safety:

  • It is important to walk to the bus stop and not run – this allows the child to have more focus on their surrounding and motorists to have more time to react
  • Always use the sidewalk if available – this reduces the likelihood of a dangerous car-pedestrian collision
  • Wait in an area of the bus stop that is away from traffic – stay out of the line of traffic and only go to the curb when the bus has arrived
  • Only begin to board the bus when the lights are flashing – this makes it safe to board the bus as it is in park and surrounding vehicles following traffic laws should yield for the bus as wel
  • Look left, right, and left again when crossing the road – always being aware of your surroundings is critical to prevent a car-pedestrian accident at the bus stop

The below tips are also very important to the safety of your child as they exit the bus:

  • Only exit the bus at the designated stop – do not exit the bus at another child’s designated stop
  • Always walk when exiting the bus – this prevents the likelihood of trips, falls, and coming into contact with traffic
  • Do not try to return to the bus after exiting – if the child left something on board and attempts to board the bus again, there’s a chance the driver will fail to see the child and the bus could move; tell your child if they forget something, they can retrieve it the following day
  • Do not pick up an item that has fallen near the bus – it is very dangerous to try to pick something up that might be near or below the bus; the bus driver may not see you as your below the bus and could potentially move the bus from park and cause serious injury

School Bus Accidents in Ohio

While the above tips focus on the safety of a child as they board and exit a bus, the school bus accidents that occurred in the Toledo area recently were a result of traffic violations or a failure to maintain control of the vehicle. We would advise any parent whose child is injured in a school bus accident to contact a personal injury lawyer.  Accidents involving schools and municipalities like this can be somewhat confusing so it is always best to consult an experienced personal injury lawyer if you find yourself and your child in this situation.

To speak to a personal injury lawyer at the Charles E. Boyk Law Office, call 800.637.8170. If you believe that your child may have a personal injury case due to injuries sustained in a school bus accident, you will be able to review the case with our lawyers and learn the legal steps that you should take. You can also order the free legal resource, Little Kids, Big Accidents for more information on child personal injury accidents and the legal process involved. 

Car Accident Case: What You Need to Know

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When it comes to car accidents, there are several variations of injuries that can result, from minor scratches and bruises to permanent disability or fatality.

Due to the fact that there are varying degrees of car accidents, it can be confusing to know whether or not you have a legitimate car accident case. The two points below will help those involved in a car accident know whether or not they should pursue a claim.

Related: Medical Bills for Car Accident Injury

What Makes a Car Accident Case?

  1. Negligence – to have a car accident case, there must have been negligence that occurred. Negligence occurs when an accident was due to the fault of another individual, which could be the result of carelessness. If you were in an accident and are wondering whether or not you should pursue an injury claim, the first thing to ask if the accident was caused by the other driver, or possible a defective roadway.
  2. Injuries – to pursue a car accident claim, the injuries that were sustained in the accident would be those that result in medical bills, ongoing therapy, a disturbance to the normal life, emotional trauma, psychological injuries and pain and suffering.

Do I call a Lawyer?

If you were in a car accident and the two above characteristics describe your accident and injuries, it is critical to contact a lawyer. Handling a car accident case on your own is not recommended.

Related: What to do RIGHT after a car accident

There are several reasons why a lawyer is important to your case. They include the following:

  • Experience – a lawyer has handled cases similar to yours and knows what steps to take, what documents to file, and what evidence must be obtained
  • Resources – some accidents require lengthy research and sometimes accident reconstructionists, which a lawyer can obtain for your case
  • Settlement process – a lawyer will have your best interest in mind and will not advise you to settle your case sooner than you should, or for less compensation than is deserved

Now that you know what the key characteristics of a car accident case are and how important it is to have a lawyer representing you, the next step is to find one that is local, experienced with cases like yours, and that you get along with personality-wise.

If you have further questions about car accident cases or would like to learn more about the legal process that is involved, call our office at 800.637.8170. 


State Fund Employer and Workers' Compensation

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When a worker is injured on the job, one of the first questions to as is what type of employer they have. Ohio workers’ compensation claims are affected by the type of employer as there are different routes to take depending on it.

The two types of employers that come into play are state fund employers and self-insured employers. A state fund employer is the type that is a part of the state insurance fund. They pay an insurance premium to the Bureau of Workers’ Compensation which is then put into the state fund. Of the employers in Ohio, two-thirds are either public or private employers and covered by the state fund.

Related: What is workers’ compensation?

Private Employers

Private employers include

  • Businesses
  • Sole proprietors
  • Partnerships
  • Corporations
  • Associations
  • Limited liability companies

Public Employers

Public employers include

  • County or state agency
  • A governing unit that provides service to the public

Workers’ Compensation Claims with State Fund Employer

If you have been injured while working and your employer is state funded, the workers’ compensation claim that you would make would be within the state fund. What this means for the injured worker is that they will not receive any type of compensation for their injuries unless they have a Bureau of Commission order.

Related: What is the statute of limitations for workers’ compensation?

The process of a workers’ compensation claim can be somewhat involved. There are various steps involved that can be confusing for an individual who has not been exposed to it prior.

Filing a Claim

The advice that our work injury lawyers have for anyone who has suffered an injury while on the job is to ensure that you are aware of all the steps required in making a claim. One way to make sure that you are taking all of the proper legal steps is to seek the guidance of a lawyer. They will then guide you through the process, help you to obtain all of the proper documents, and work towards helping you to receive the compensation that is deserved.

If you have questions about state fund employers and workers’ compensation claims, call our office at 800.637.8170.  

My Child was Injured in an Accident

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It is a parent’s worst nightmare to imagine that their child is injured in an accident. It’s not only the fact that they have suffered an injury, but also the fact that an injury at such a young age can also cause emotional trauma.

Child Injury Accident Lawsuit

When your child is injured in an accident, the first thing that a parent should do is to ensure that they receive medical attention, which is of course what a parent would do regardless. After visiting the doctor, it is important to follow all of the instructions for treatment that the doctor gives. This includes every treatment session, every therapy visit, and every check-up appointment. Following through on all of the treatment procedures is not only the best thing to do for your child’s health, but it also shows that the injury was in fact legitimate.

Related: How long after my child's accident can I file a claim?

After a child accident occurs, a parent is likely to begin receiving communication from the insurance companies regarding the accident. The best piece of advice that we can give is that it is critical to contact a lawyer. We do not advise communicating with the insurance company without legal representation. Do not give statements to the insurance adjuster because they could possibly be used against your claim. A child accident lawyer will keep your child’s best interest in mind and guide you through the proper steps related to your child’s injury.

Related: 5 Reasons to Hire a Lawyer after a Child's Accident 

It is also critical to document every step of your child’s injury. After each doctor’s appointment, keep all receipts, paperwork, and any related documents. Share these documents with your lawyer so they are able to utilize these while working on your behalf.

Filing a Lawsuit for your Child’s Injury

The statute of limitations for child injuries is not the same as personal injuries for adults. A claim can be filed for two years after the 18th birthday of child. Therefore, if your child was injured at age 5 or at age 17, you are still able to pursue an injury claim on their behalf until their 20th birthday.

If your child was injured and you would like to seek an injury claim on their behalf, the best thing to do is to call an experienced child accident lawyer. To learn more about the legal options available to you, call 800.637.8170.

Fatal Failure-to-Yield Accident

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The Charles E. Boyk Law Office has covered countless failure-to-yield accidents. These accidents have the potential to be very dangers as if an individual fails to yield at a stop or yield sign, there is a potential to come into contact with another vehicle traveling at a high rate of speed.

A failure-to-yield accident in Defiance on Saturday night resulted in the death of one and injury to another. According to a report by 13abc News, the accident occurred on Buckskin road in Defiance County. The accident occurred when 53-year-old Dawn Murphy failed to stop at a stop sign and was struck by 28-year-old Wade Rethmel’s vehicle. The collision was at Openlander Road. Both Murphy and Rethmel’s vehicles rolled over multiple times as a result of the accident and came to rest off the road.

The news report states that Murphy did not survive the failure-to-yield accident and Rethmel was taken via air ambulance to a hospital in Ft. Wayne, Indiana. Our office’s thoughts are with the Murphy family at this difficult time, and we send wishes for a speedy recovery to Rethmel.

Failure to Yield Accident Injuries                                                                  

This Defiance County accident is under investigation at this time. It appears as though the accident was caused when Murphy failed to yield at the stop sign at Openlander Road.

Related: What is Failure to Yield?

Our thoughts remain with the Murphy family as they mourn the loss of their loved one. Losing someone unexpectedly in an accident such as this is extremely difficult and we send prayers their way.

We are also keeping Rethmel on our mind. At this time, we do not know how serious their injuries were from this accident, but in a rollover accident such as this, it is likely that they have suffered serious injury as they were life-lighted to the hospital. When involved in such an accident, it is the recommendation of our personal injury lawyers that an injured victim or their family contacts a lawyer. There is a high probability that following the accident, the injured victim or their family will be contacted by the insurance company seeking statements regarding the accident. It is crucial to have the guidance of a car accident lawyer who can handle this communication and protect the injured individual.

Related: Is a car accident considered personal injury?

Personal Injury Lawyer – Toledo

Our office has helped countless individuals who have been involved in serious accidents. We guide them through the legal process and take over communication with the insurance company so the victim and their family can focus on recovering from the traumatic experience. If you would like to learn more about how to go about the legal process following a car accident, call our office at 800.637.8170.

Cost of a Personal Injury Lawyer

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When involved in some type of personal injury accident (car accident, motorcycle accident, slip and fall accident), it is essential to have a personal injury lawyer representing you. In order to ensure that you will have your best shot at the compensation that you deserve, it is critical to have the guidance of an experienced legal professional.

Oftentimes when people find themselves in the position of the injured victim in need of a lawyer, they think that they cannot afford one. In reality, most personal injury lawyers operate on a contingency fee. What this means is that the individual is not expected to pay the lawyer for any services until a settlement is reached. At that time, the lawyer will take an agreed upon percentage of the settlement as payment for services.

Related: What is a contingency fee?

Contingency fees are ideal for both the client and the lawyer. If the client does not end up receiving a settlement, they will not be expected to pay the lawyer. This can take a large weight off the shoulders of someone if they know that they won’t be expected to pay money that they do not have.

How Does a Contingent Fee Work?

A contingent fee is taken if you win your case. If you lose a trial or there is no settlement, you do not owe your lawyer anything.

When a contingent fee is taken, it is usually 1/3 of the settlement that is received.

When a lawyer agrees to represent you, they are essentially taking a risk and putting work into your case without the promise of payment. If they do not end up winning your settlement for you, they don’t end up getting paid. A contingent fee essentially serves as motivation to work hard and help your client to receive the full settlement that is deserved for their injuries.

Related: The Contingent Fee Process

A contingent fee is ideal for a client because they are not required to come up with thousands of dollars to pay a lawyer out of nowhere. When they do pay their lawyer at the end of the legal process, the money will come from the settlement that was awarded.

The contingent fee agreement is decided upon prior to beginning the legal process with a signed agreement. We advise any injured victim to make sure that the contingent fee is listed at 33 1/3 percent of the settlement and is clear within the agreement.

If you have additional questions regarding how contingent fees work or what the legal process entails, feel free to call our office at 800.637.8170.

 

Recovering from Car Accident Injuries

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It was November 10, 2012 when Ann Mooney’s life was impacted forever. She was driving down Smith Road in Ballville Township when a full-size Chevy Tahoe turned in front of your vehicle. The near-fatal collision caused Ann to be extracted from the vehicle and she was taken to the University of Toledo Medical Center via helicopter.

“I was in UTMC for I think 10 days and I had a lot of bones exposed that had been broken through the skin,” Ann explained. She then contacted our law firm after hearing recommendations from others regarding our legal services.

Related: Is a car accident considered personal injury?

Following the car accident, Ann said that she didn’t know what to expect. She then received the guidance of Mike Bruno. He visited Ann’s nursing home and explained the legal process to her. She said she felt very comfortable with him and that he seemed like he was part of the family already. This is something that our law office values as we believe in treating clients like they are our family and working as hard as we can to help them receive the justice that is deserved.

Car Accident Injury Process

After taking over Ann’s case, our law office dealt with the at-fault party’s insurance company. We were able to secure coverage for medical payments for Ann’s out-of-pocket expenses so she wouldn’t be worried about finances during her long recovery process.  

The injuries that Ann sustained from the accident included bleeding on her brain, multiple abrasions on her left forearm and left wrist from the car window, and a horrible open fracture to her right ankle and left femur, requiring seven surgeries to repair. Following the surgeries, Ann was then in an inpatient rehabilitation facility for two months.

Related: What is the statute of limitations for a car accident?  

Ann said that throughout the legal process, she would seek answers from our law office. “I think any time we had a question or my husband had a question, we would call up and everything was answered very nicely, very quickly.”

Our law office prides ourselves on the attention that we give clients. We believe in creating a personal relationship and working on behalf of our clients as if they were our own family. If you have found yourself in the position where a personal injury lawyer is needed, call the Charles E. Boyk Law Office at 800.637.8170 and learn what your options are.

Different Types of Personal Injury Cases

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Cases that are considered to be personal injuries can be from a variety of causes. This area of law includes everything from car accidents to slip and fall injuries. Since it is such a wide range, our office thought it would be beneficial to share three examples of personal injury cases that were highlighted in our monthly newsletter, The Boyk Bulletin.

Examples of Personal Injury Cases

Father Dies due to Medical Facility Staff Mistake

We represented the family of older gentlemen who had been in a serious accident but survived, and as a result, was in the hospital for two weeks, but unfortunately never left. The man lost his life after a nurse allegedly turned off his heart monitor while failing to realize that the man was having a fatal heart attack.

Related: Important Details about your Personal Injury Accident

In addition to the nurse’s alleged fatal mistake, there is also concern that the man was not being fed properly and was dehydrated at the time of his death. The cause of death is being investigated due to the many questions above.

Serious injuries after Rear-End Accident

Our client and her father were involved in a rear-end accident that caused serious injuries. The collision came with such force that our client sustained five fractured ribs and a bruised spleen. She also had such sever rib pain that she is unable to begin the necessary physical therapy to heal the pain in her neck, and is experiencing headaches from a concussion that was sustained in the accident.

Related: Finding a Personal Injury Lawyer

Man Hit by Runner of Red Light

Our client was hit by a driver who had run a red light and his car rolled three times as a result. His hands were pinned under the door of the vehicle as it slid on its side, causing serious damage. The injury to his hand required surgery, and he is also facing serious heart problems after the accident.

As a result of this serious car accident, our client is undergoing physical therapy for the pain in his back, hips, and pelvic area. He is unable to work as a result of the injuries.

Personal Injury Lawsuit

When someone is involved in an accident like the ones that we have highlighted above, it is critical that they receive legal guidance from a personal injury lawyer. One of the best ways to ensure that you are taking all of the necessary steps toward compensation is to hire an experienced lawyer to represent you.

If you have any questions about personal injury cases or if your injuries warrant a claim, call our office at 800.637.8170.

Bankruptcy's Effect on your Credit Score

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Attorney Fred Boyk has explained a question asked by many in our September Edition of The Boyk Bulletin.

Many of Attorney Fred Boyk’s clients are concerned about maintaining a high credit score. This has allowed them to get a number of credit cards, unsecured loans, and home mortgages on reasonable terms as they have always paid every bill on time in the past. However, these same people are sometimes very deep in debt and have no way of paying their monthly bills from their earnings.

Chapter 7 Fresh Start Bankruptcy

The above scenario equals that these people are living a lie. With continuous borrowing to maintain a high credit score, they are not allowing themselves financial stability. In these instances, Chapter 7 fresh start bankruptcy can help individuals such as this live within their means.

Filing bankruptcy reduces a person’s credit score in the short term, but after the bankruptcy, they credit score will normally increase because there is much less debt.

If an individual have regular earnings, in most cases they are able to get a car loan just four months after filing bankruptcy. Home loans are available through FHA just one year after a bankruptcy discharge.

Overwhelming Bills: What to Do

Attorney Fred Boyk advises anyone in a situation in which their bills are overwhelming, to contact him for a free consultation. During this talk, you can discuss your situation with attorney Boyk and see if bankruptcy is a good choice for you and your family. Call our office at 800.637.8170 to speak to Fred about how he can help your family get over this hurdle. 


Failure to Maintain Reasonable Control

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The cause of many accidents is deemed a driver’s failure to maintain reasonable control. What this means is that the individual was not able to maintain reasonable control of their vehicle while operating it, which can put themselves and others at risk.

The Ohio Revised Code 4511.202 Operation without being in reasonable control of vehicle, trolley, or streetcar states, “No personal shall operate a motor vehicle, trackless trolley, streetcar, agricultural tractor, or agricultural tractor that is towing, pulling, or otherwise drawing a unit of farm machinery in any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, trolley, streetcar, agricultural tractor, or unit of farm machinery.”

Failure to Maintain Control

The above excerpt from The Ohio Revised Code is quite a mouthful. What this essentially means is that an individual shall not operate a motor vehicle if they cannot maintain reasonable control of it. If someone violates this, they would be deemed guilty of operating such a vehicle without control, which is considered to be a minor misdemeanor.

Injured by Other Driver

If you were involved in a car accident that was caused by the other driver’s failure to maintain reasonable control of their vehicle, it is critical that you seek guidance of a legal professional.  Whenever someone is pursuing a personal injury claim, the best advice that our lawyers can give is to seek representation of a professional. There are many different things involved with such cases that make it necessary to have a lawyer guiding you, as well as taking over certain aspects, such as the communication with the insurance company.

If you were involved in a car accident and are wondering what the legal steps are that you should take, The Ohio Accident Book can serve as a very helpful guide. This book was written specifically for car accident victims and their families as a way to take them through the legal process, explaining the steps that are involved with car accident claims. There are also tips included in the book that are geared toward helping the injured victim to receive the most favorable settlement. Order a free copy on our website, or by calling our office at 800.637.8170.

If you have questions related to a car accident injury, or your loved one was involved in a car accident, feel free to call our office for guidance. By calling 800.637.8170, you have the opportunity to discuss your accident with a lawyer and receive a free case evaluation. 

Car Accident Caused by Fog

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With the changing season, there are bound to be mornings where there is fog covering the roadways. With this fog, it is likely that there will be many school delays and closings. However, the normal individual heading to work in the morning cannot delay their day. They must face the fog and head to work.

Since fog reduces the visibility on the roadway, it is critical that drivers operate their vehicles with extra caution and drive defensively. The car accident lawyers share the below tips for driving in the fog, helping to reduce the chances of being involved in an accident.

Related: Car Accident from Reduced Visibility

Tips for Driving in the Fog

  • Driving with Low Beams – when operating your vehicle in heavy fog, drive with your low beams on. If you use your high beams, they will actually cause worse visibility as they are reflected back off the fog.
  • Operate at Low Speed – the fog creates an illusion, so watch your speed so you don’t find yourself speeding when visibility is low.
  • Use your defroster – make sure you have your defroster working and wipers, as they will help aide in visibility.
  • Leave early and be patient – driving in heavy fog will require you to drive slower, making your commute longer. Leave early for your destination so you will not be tempted to drive faster if you’re running late.

Car Accident in the Fog

Since the fog causes reduced visibility, the likelihood of an accident occurring is much higher. It is the responsibility of the driver to be defensive behind the wheel and operate their vehicle with caution. While fog may be a factor in an accident, a driver is always deemed at-fault for the accident.

Related: Am I responsible for an accident caused by weather?

If you have been involved in an accident because another drive failed to operate their vehicle with the necessary caution and injuries resulted from the crash, you may have a personal injury case. When the negligence or wrongdoing of another individual causes the injury to another, they have the ability to seek a legal claim.

If you have questions of whether or not you are able to seek a personal injury lawsuit, feel free to call our law office at 800.637.8170.

School-Transportation-Related Crashes

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The National Highway Traffic Safety Administration defines a school-transportation-related crash as a crash that involves, either directly or indirectly, a school bus body vehicle, or a non-school bus functioning as a school bus, transporting children to and from school or school-related activities.

The NHTSA report highlighting data from 2003-2013 states that since 2003, there were 348,253 fatal motor vehicle crashes, and of those crashes, 1,222 (0.35%) were school-transportation-related. The number of school-transportation-related deaths since 2003 amounted to an average of 135 each year.

The school-transportation-related fatalities include both those that are occupants of the vehicle, as well as non-occupants (pedestrians, bicyclists, etc.). Occupants of the vehicles account for approximately 8-percent of the deaths and non-occupants accounted for 21-percent. The rest of the fatalities included those individuals involved in other vehicles.

The NHTSA included a graph of the fatalities by age group with the 19+ age group having the most fatalities.

Fatalities Involving School Transportation

Fatalities involving school transportation include those outside of just individuals riding on the school transportation. As you can see from the stats above, a majority of the fatalities include individuals who are in vehicles outside of the school transportation.

Related: Safety Drill Leads to Death of School Bus Driver

If you or your loved one is involved in an accident that is school-transportation-related, there are several things to be aware of. Since it is school transportation, there are many entities involved when seeking a personal injury claim. It is critical to have the guidance of a legal professional as there are many steps involved. Also, when an accident like this occurs, the insurance adjusters will attempt to contact you. This is their attempt to get a statement from you that could possibly reduce the amount of your settlement.

Related: School Bus Accidents Injures 14

If you have a question regarding what your legal options are, call our office at 800.637.8170. We have helped countless individuals who have dealt with injuries from these types of accidents and can explain the legal steps that you should take.

 

Start High September Student Winner

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The 2nd Annual Start High School Student and Teacher of the Month contest kicked off this school year by honoring two people who dedicated their time at Start to helping those with special needs.

 

Start High Senior and Student Body President Amina Alsouqi nominated special needs student Tavon Jackson for Homecoming King, and actively campaigned alongside him as a Homecoming Queen nominee.

 

Not only did Tavon make it to Royal Court as a result of Amina’s campaigning efforts and the support of the student body, but he won Homecoming King at the September 26th Homecoming game.

 

Amina and Tavon with Tavon's class

 

Start High teacher Annie Haley was so moved by Amina’s gesture that she nominated her for the Student of the Month contest for the month of September.

 

Amina has always been kind, thoughtful, attentive and sincere with my special needs students,” Ms. Haley said. “She is so compassionate, loving and I truly think the world of her! And the fact that she was named Queen is a perfect fairytale ending to all of this.”


Amina was surprised with the award of a $50 Visa gift card and NBC 24 News was even there to capture the exciting moment when Ms. Haley announced it to her, with Tavon’s class applauding in the background.

 

“I wanted to run with Tavon because I wanted him to be King and because Start has never done anything like that before,” Amina said. “We’ve never had anyone different running for King and Queen – it’s always been the stereotype that you see on TV. I think that our school is more accepting and better than that and I wanted Tavon to have an opportunity to do something that he might not have done in his life.”

 

 

Check out Amina's video here.

 

Start High September Teacher Winner

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Special needs physical education teacher John Wodarski was nominated for September's Teacher of the Month by Ms. Boyd’s whole class for his patience and dedication to his students’ physical health. Wodwarski was not only awarded a $250 Visa gift card, but also kind words of appreciation from his students whom he has taught for the past year. Despite the fact that many of the students have disabilities that prevent them from speaking, they still created a nomination video using signs.

 

One of the signs read, “We as a class nominate our teacher John Wodarski because he is da bomb and we have fun. We go to the weight room, play kick ball, and learn how to do the Cupid Shuffle.”

Principal Ed Perozek and Ms. Boyd hold up a $250 check with Mr. Wodarski. The signs the students are holding were part of their nomination videos. 

“This is his first year working with students with disabilities,” Ms. Boyd said. “And our guys are doing things that they’ve never done before. He is teaching our students independence and allowing them to blend in just like everybody else. We appreciate that he includes our students and doesn’t treat them any different.”

 

The Start High Student and Teacher of the Month Contest is sponsored by Attorney Chuck Boyk, who graduated from Start in 1976.

 

“I really wanted get involved with the students and teachers and learn their stories,” Chuck said. “We want to recognize the great things that they are doing and try and boost morale throughout the school. It was a great place to go to high school and it still is.”

 

Watch John Wodwarski's video here.

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