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Auto, Truck & Motorcycle Accidents

Dangerous and Defective Products

Ohio Employer Potentially Liable for Failure to Program Machine for All Safety Features

Dog and Animal Attacks

What To Do After A Dog Attack

Medical Malpractice

Nursing Home Neglect

Spinal Injury

Victims of Drunk Drivers

Wrongful Death

Although many family members may suffer losses over the death of a family member, only the executor or personal representative of an estate can file the lawsuit on behalf of the family.

Employment Law

ClevelandLaw.TV

How To Stay Safe When You Hit The Slopes - If you get hurt, you may be entitled to damages

Injuries from Unsafe Premises

Firm Newsletter

Contest Rules

Miraldi & Barrett Co., L.P.A. Sweepstakes

General

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Lorain Law Firm Serving All of Ohio

The law firm of Miraldi & Barrett is dedicated to helping victims of car accidents, wrongful death, and personal injury claims.

Library Categories:

Auto, Truck & Motorcycle Accidents:

All Claims Arising Out of Auto Accident Lost When Lawsuit Not Commenced Within Two Years
Negligence claims must be brought within a time specified by law. These time frames differ according to the type of case. Some lawsuits must be commenced within one year, while longer periods of time apply to others. Persons injured need to get professional help to insure that they will not lose their claims because of time limitations known as statutes of limitation.
Caps On Damages Restrict Injured Person's Right To Receive Full Damages
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
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
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
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
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.

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Dangerous and Defective Products:

Ohio Employer Potentially Liable for Failure to Program Machine for All Safety Features
An Ohio appellate court ruled that an employer can be liabile for allowing an employee to use a machine when its safety features were not working.

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Dog and Animal Attacks:

What To Do After A Dog Attack
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.

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Medical Malpractice:

Jury Verdicts in Medical Malpractice Cases Are Subject to Caps in Damages
A person injured due to medical malpractice is limited in recovering harms and losses for pain and suffering and other non-economic losses.
Doctor Must Divulge History Regarding Hepatitis B To Patient Who Develops Hepatitis B After Surgery.
The Ohio Supreme Court recently held that a surgeon cannot use the physician-patient privilege to shield himself from questions in deposition that seek to determine whether he had Hepatitis B at the time of the surgery with the complaining patient.
Physician Who Was Professor of Medicine at a State University Was Immune from Medical Negligence Claim
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
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
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.

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Nursing Home Neglect:

Striking Down Mandatory Arbitration Provisions
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
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.

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Spinal Injury:

Causes of a Spinal Cord Injury
The law firm of Miraldi & Barrett offers information on causes of spinal cord injury (SCI). Free case evaluation to explore your legal options call 800-589-3023
An Overview of Whiplash in Ohio
Learn the basics about whiplash, i.e. cause, symptoms, diagnosis, treatment. Experienced lawyers offer free consultation for whiplash injury call 1-800-589-3023

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Victims of Drunk Drivers:

Ohio Legislature Expands Liability of Liquor Sellers
The Ohio Dram Shop laws amended to hold liquor sellers responsible for damages caused by beer drinking patrons who injure other persons.
Social Host Liability For Serving Alcohol to Guests in Ohio
When a social host provides alcohol to an underage guest at a party in Ohio and that underage guest becomes intoxicated and causes a car crash, the social host can be held responsible for the injuries and damages caused by the guest.
Ohio Bar And Tavern Liability For Injuries Caused By A Drunk Driver
An Ohio drunk driver may not be the only person responsible for the injuries and damages caused by a drunk driver. The Ohio business that serves a noticeably intoxicated person or a minor may also be held accountable if circumstances show it was obvious that the patron was intoxicated or under-aged. When an intoxicated driver causes serious injury or death, an attorney fo Ohio drunk driving victims can be instrumental in getting justice for the victim and the victim's family.
Law Firm of Miraldi & Barrett is able to provide additional help to victims of drunk drivers.
Whether your personal injury claim arose in Lorain County or elsewhere in the Cleveland area, the law firm of Miraldi & Barrett can provide additional remedies to persons injured because of a drunk or intoxicated driver. A good trial attorney is needed in this situation - one who will pursue punitive damages and present a solid case at trial. If it can be demonstrated that the other driver acted with malice in getting behind a wheel drunk, that drunk driver can be punished by having to pay damages not covered by his or her own insurance policy.

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Wrongful Death:

Although many family members may suffer losses over the death of a family member, only the executor or personal representative of an estate can file the lawsuit on behalf of the family.
Only an executor or administrator of the estate can file a wrongful death claim in Ohio. Family members may not file an individual lawsuit.

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Employment Law:

U.S. SUPREME COURT DECIDES IMPORTANT QUESTION ABOUT ARBITRATION OF EMPLOYMENT DISPUTES
Many employers require prospective employees to sign agreement mandating that the employee submit any employment dispute to arbitration. Arbitration has few remedies and often the cards are stacked against the employee, particularly when certain arbitrators routinely rule in favor of the employer. In this case, the U.S. Supreme Court spelled out when an employee can challenge a provision that gives the arbitrator the right to determine the enforceability of the contract rather than the court.
Worker Allowed To Bring Claim Against Employer For Intentional Infliction of Emotional Distress
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
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
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.

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ClevelandLaw.TV:

How To Stay Safe When You Hit The Slopes - If you get hurt, you may be entitled to damages
How to Stay Safe When You Hit the Slopes

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Injuries from Unsafe Premises:

Homeowner's Association May Be Negligent In Failing To Correct Defect in Sidewalk
A three inch difference between two slabs of concrete sidewalk may be enough to establish negligence on a homeowner's association charged with maintenance of it
Parking Garage Owner Not Liable for Fall Caused by Gravel on Stairwell Steps
Under Ohio law, it is difficult for individuals to recover against property owners when the person slips and falls on the premises. In this case, a garage owner was not liable when the patron surmised that she fell due to loose gravel on the stairwell steps.
Gas station owner not responsible for client's injuries from slip on oil spill.
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
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
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.

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Firm Newsletter:

Firm Newsletter Spring 2011 - Volume 15 [PDF]
Northeast Ohio Personal Injury Lawyers at Miraldi & Barrett, Co, LPA provide articles on child seat belt recommendations, ClevelandLaw.TV and defensive driving
Firm Newsletter Winter 2011 - Volume 14 [PDF]
This issue has articles about the Ohio employer intentional tort statute, generic drug effectiveness and safety, types of economic losses, consumer product recalls, nursing home negligence, and texting while driving. This issue also has articles about the Miraldi & Barret LCCC Presidential scholarship winner, Ben Barret and David Miraldi named as Super Lawyers, and the firm's contribution to the toy drive sponsored by the Salvation Army and The Chronicle Telegram.
Miraldi and Barrett Fall 2009 Newsletter [PDF]
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 and Barrett Spring 2010 Newsletter [PDF]
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 & Barrett Summer 2009 Newsletter [PDF]

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Contest Rules:

Miraldi & Barrett Co., L.P.A. Sweepstakes
Contest Rules for Miraldi & Barrett Co., L.P.A. Sweepstakes

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General:

Ohio Animal & Dog Bite Law Question & Answer Videos
Ohio Animal and Dog Bite Law. The attorneys at Miraldi & Barrett answer your questions on video about recovering damages for animal and dog bite injuries.
Ohio Construction Accident Law Question & Answer Videos
Ohio Construction Accident Law The Lorain attorneys at Miraldi & Barrett answer your questions on video about recovering damages for construction site injuries.
Ohio Dangerous and Defective Products Law Question & Answer Videos
Ohio Dangerous and Defective Products Law. The attorneys at Miraldi & Barrett answer your questions on video about recovering damages for products injuries.
Ohio Spinal Injury Law Question and Answer Videos
Ohio Spinal Injury Law. The Lorain attorneys at Miraldi & Barrett answer your questions on video about recover damages for spinal injuries in Ohio.
Ohio Wrongful Death Law Question and Answer Videos
Ohio Wrongful Death Law attorneys at Miraldi & Barrett, Co., LPA answer your legal questions on video about recovering damages for wrongful death in Ohio.
Video Frequently Asked Questions
Ohio firm Miraldi & Barrett has on-demand video answers to law questions re: Dog Bites-Construction Accidents-Defective Products-Spinal Injuries-Wrongful Death
Player who flagrantly breaks rules of the game may be liable to another player injured by this reckless behavior.
When a participant in a sporting event acts recklessly to injure someone in a way that is not foreseeably part of the game, liability can result.
Employer Intentional Tort Cases Almost Impossible to Prove
The Ohio Supreme Court found constitutional the legislature's right to severely limit direct actions against an employer for extremely dangerous conditions.
Trial Court Excludes Photographs From Plaintiff's Face Book Page
Although the trial court refused to admit photographs of the plaintiff at various social functions, the defense did cross-examine her based on these posting. It is within the discretion of the trial court to admit or exclude these photographs. Face Book postings are becoming more and more prevalent in finding information inconsistent witht the injured person's claimed injuries.
Injuries During Women's Softball Game Lead to Lawsuit
Sometimes a player becomes too zealous in a sporting and recreational activity and injures another. This article describes when an injured participant has a claim against the overly aggressive player.
York International Agrees to Settlement
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
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
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.
Recoverable Losses
The Ohio Supreme Court recently decided that when a spouse takes time off from work to care for an injured spouse that this loss should be recovered as part of the claim. The spouse's losses are determined by calculating how much money the family would have spent if they had hired a nurse's aid or other medical provider to care for the injured spouse.