Practice Areas
Blog 
Auto, Truck & Motorcycle Accidents
- Injured Persons Will Be Denied Full Reimbursement for Medical Bills
- Ohio Supreme Court Sides With Insurance Industry Again
- Uninsured Motorist Coverage No Help When Injured By A Person With an Immunity
Medical Malpractice
- License Revocation Proceedings Lag Against Doctor
- Arizona Legislature Considers Law To Increase Proof in a Medical Malpractice Case
Nursing Home Neglect
Unsafe Products
General
- Liability of Bars For Acts of Drunken Patrons Broadened
- Ohio Supreme Court Sides with Big Business Against Injured Workers
News
- Social Host Not Responsible For Death of Intoxicated Social Guest...
Posted on 5/19/2010 - COURT RULES THAT STUDENTS' ACTS DID NOT CONSTITUTE HAZING...
Posted on 4/5/2010 - Claim aganst ambulance driver allowed despite emergency status...
Posted on 3/22/2010 - Benjamin Barrett Sr. and David Miraldi Named Ohio Super Lawyers...
Posted on 3/19/2010 - Mandatory Arbitration Provisions Are Coming Under Attack...
Posted on 10/12/2009
Library
Auto, Truck & Motorcycle Accidents
- Caps On Damages Restrict Injured Person's Right To Receive Full Damages
- Basic Guide to Auto Insurance Coverages After A Car Crash
- Losses and recoveries when your car has been damaged
- Liability Insurance Policy - The Family Member Exclusion
- Searching For Insurance
Medical Malpractice
- Physician Who Was Professor of Medicine at a State University Was Immune from Medical Negligence Claim
- The Ohio Supreme Court Places Additional Limits In Medical Malpractice Cases
- Lorain County Jury Awards $1,250,000
Nursing Home Neglect
Employment Law
- Worker Allowed To Bring Claim Against Employer For Intentional Infliction of Emotional Distress
- Ohio Appeals Court Finds No Age Discrimination
- Recovery for Terminated Employees
Injuries from Dog Attacks
Injuries from Unsafe Premises
- Gas station owner not responsible for client's injuries from slip on oil spill.
- Restaurant Not Responsible to Injury to Patron from fall from raised platform where table was located
- Construction Injury Leads to Settlement
Firm Newsletter
- Miraldi and Barrett Fall 2009 Newsletter
- Miraldi and Barrett Spring 2010 Newsletter
- Miraldi & Barrett Summer 2009 Newsletter
General
Library Categories:
- Auto, Truck & Motorcycle Accidents
- Medical Malpractice
- Nursing Home Neglect
- Employment Law
- Injuries from Dog Attacks
- Injuries from Unsafe Premises
- Firm Newsletter
- General
Auto, Truck & Motorcycle Accidents:
- Caps On Damages Restrict Injured Person's Right To Receive Full Damages
Description: Responding to the concerns of the insurance industry, the Republican-dominated Ohio legislature in 2005 enacted damage limitations effective April 7, 2005. This statute takes away a jury's right to award the full amount of money for pain, scarring, permanent limitations, and other non-economic or intangible losses. In many cases, these losses are limited to $250,000 regardless of the amount the jury believed the person was entitled to recover. - Basic Guide to Auto Insurance Coverages After A Car Crash
Description: When a person is involved in a car crash, there are several types of insurance coverages that may be involved. This article explains liability, uninsured motorist, underinsured motorist, and medical payments coverage. - Losses and recoveries when your car has been damaged
Description: When your car is damaged or deemed a total loss because of a collision, you are entitled to certain damages for the loss of your car. This may be the cost of repairs, the cost of a reasonable rental vehicle or if your car is a total loss, the difference between the fair market value immediately before the crash and the fair market value immediately after the collision. If you buy a replacement car within thirty days, you will be entitled to a recovery of sales tax, too. - Liability Insurance Policy - The Family Member Exclusion
Description: Insurance companies are including exclusions that take away any coverage for injuries sustained when a family member is negligent in operating a vehicle and injures another family member who is a passenger in the same vehicle. Although Ohio consumers believe that they are buying full coverage that would protect them in this situation, this is not the case. - Searching For Insurance
Description: David Miraldi finalized the settlement in a death case where he was able to obtain insurance from an unlikely, but responsible source, and secure compensation for the victims family.
Medical Malpractice:
- Physician Who Was Professor of Medicine at a State University Was Immune from Medical Negligence Claim
Description: Surgeon who was a medical professor at a state university medical school was immune from a medical negligence lawsuit when a resident observed the surgery involving the plaintiff. The court ruled that state employees are immune from lawsuits in state courts and the court of claims absent a finding of malicious purpose, bad faith, or wanton or reckless conduct. - The Ohio Supreme Court Places Additional Limits In Medical Malpractice Cases
Description: The Ohio Supreme Court has limited the use of the doctrine of res ipsa loquitur in medical malpractice cases. Even if the plaintiff presents evidence that the patient would not have been injured unless negligence occurred, the inference of negligence through res ipsa loquitur will not be presented to the jury when the defendant presents some evidence that the injury may have occurred due to some non-negligent reason. - Lorain County Jury Awards $1,250,000
Description: Ben Barrett Sr. represented a Lorain County woman who claimed that she was injured due to the negligence of her family doctor and other medical providers by their failure to timely diagnose a blood clot in her hand.
Nursing Home Neglect:
- Striking Down Mandatory Arbitration Provisions
Description: Nursing homes are adding mandatory arbitration provisions to their admission papers. These provisions routinely favor the nursing home because they deny the residents a right to a jury trial or the ability to get important information through a subpoena. Some Ohio courts are not enforcing these provisions because they are grossly unfair and are deemed unconscionsable. - The Unwitnessed Fall
Description: The law firm of Miraldi and Barrett has handled a number of cases involving unwitnessed falls. Elderly people are at risk when they are not regularly monitored by the hospital and/or nursing home staff. Call us today at 1 800 589 3023 to discuss your options.
Employment Law:
- Worker Allowed To Bring Claim Against Employer For Intentional Infliction of Emotional Distress
Description: Political subdivisions enjoy immunity from many types of negligence claims. This immunity is created by statute in Chapter 2744 of the Ohio Revised Code. However, when the negligence or intentional tort action arises out of the employment relationship, this immunity does not apply. - Ohio Appeals Court Finds No Age Discrimination
Description: When the employer can demonstrate a legitimate, nondiscriminatory reason for discharging an older employee, the employee's claim for wrongful termination will fail. - Recovery for Terminated Employees
Description: The law firm of Miraldi and Barrett has demonstrated their knowledge of Ohio Employment law through their proven results. There are exceptions to the "at will" doctrine that may allowed an employee who has been terminated to initiate a claim. Call us today at 1 800 589 3023 to discuss your options.
Injuries from Dog Attacks:
- What To Do After A Dog Attack
Description: After a person is attacked by a dog, getting proper medical attention quickly is critical. If there are lacerations, the victim or victim's family must insist on a plastic surgeon to perform the repair. Once emergency treatment is over, the attack victim must gather information about the dog, obtain names and addresses of witnesses to the attack, and information regarding the dog owner's potential insurance coverage. An attorney can be an invaluable aid in the investigation and protection of the victim's legal rights.
Injuries from Unsafe Premises:
- Gas station owner not responsible for client's injuries from slip on oil spill.
Description: A gas station owner was not responsible for a patron's injuries when the patron slipped on an oil spill near the gas pumps. The court found that the condition was open and obvious and the patron should have discovered the condition on his own. As a result, the defendant owner had no duty to warn about it. - Restaurant Not Responsible to Injury to Patron from fall from raised platform where table was located
Description: A restaurant patron sued the restaurant for injuries she sustained when she fell when she got up from her booth that was located on a raised floor. The court of appeals agreed with the trial court that the step between the floor and the booth was an open and obvious danger and patron should have discovered this condition and protected herself. - Construction Injury Leads to Settlement
Description: In some cases, it takes persistence and perseverance to obtain justice. Ben Barrett, Sr., was able to win a substantial award for a client after a seven-year court battle. The client had been injured while on a construction site where a residential home was being built. The truss upon which he was standing, cracked and gave way, causing him to fall to the ground below.
Firm Newsletter:
- Miraldi and Barrett Spring 2010 Newsletter [PDF]
Description: This newsletter has articles on David Miraldi and Benjamin F. Barrett Sr. being named as SuperLawyers in Ohio, harms and losses in personal injury cases, medical ID theft, car roof crush accidents, credit reports and auto insurance, sexual harassment at work, and mild brain injuries caused by automobile collisions. - Miraldi and Barrett Fall 2009 Newsletter [PDF]
Description: This newsletter has articles on the family exclusion in automobile liability policies, arbitration provisions in nursing home contracts, emergency room care, recalled products, and toxic injury questions. - Miraldi & Barrett Summer 2009 Newsletter [PDF]
General:
- York International Agrees to Settlement
Description: The law firm of Miraldi & Barrett represented the City of Elyria in a case against York International because York closed its plant in Elyria despite being given tax abatements. After the city sued York in federal court, York eventually agreed to pay a monetary settlement to resolve the issues in the lawsuit. - Free Advice
Description: The attorneys at Miraldi and Barrett believe, when you or a family member has been injured or killed in a crash or some other incident, it is important for you to have the best advice available in order to make the many important decisions. Call us today at 1 800 589 3023 for a free consultation. - Video Settlement Brochures
Description: Providing insurance companies with short video settlement brochures is often an effective way to communicate unique losses in your claim. In this ten minute video, the client, spouse, friends and doctor explain how the injuries affected the client and will likely affect the client in the future.
Free Evaluation
Contact us today for a free, no obligation consultation about your personal injury legal needs.
Miraldi & Barrett Co., LPA
6061 South Broadway
Lorain, OH 44053
Phone: 440-233-1112
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Contact Us
Miraldi & Barrett Co., LPA
6061 South Broadway
Lorain, OH 44053
Phone: 440-233-1112
Toll Free
800.589.3023
local
440.233.1100
fax
440.233.8527
FAQs
Auto, Truck & Motorcycle Accidents
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The 17 year old driver whose car struck my car had been involved in an auto accident just three months before. Are his parent's responsible for my injuries, too?
- I hit my head during the collision, but did not lose consciousness. I've had headaches and find it difficult to concentrate. This has gone on for several months. My family doctor tells me not to worry about this. Could this be the result of the car crash?
Can juries award as much money as they think appropriate in serious automobile or truck crashes?
Medical Malpractice
- What is the time limit for filing a medical malpractice claim?
- What kind of documents will I need for a malpractice case?
- How is medical malpractice determined?
Injuries from Dog Attacks
General Claims Questions
I signed a release with the insurance company several weeks agao and now just discovered that I will need surgery for a herniated disc in my neck. Can I re-open the claim?
- What is the time period for filing a claim?
- How long does it take to settle a claim?
Injuries from Unsafe Premises
Injuries from Unsafe Products
- What do I do with the defective item?
- What type of product documents do I need?
- The company said it exercised extreme care when manufacturing the product. Do I still have a case?