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.
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  • Lorain County & Cleveland Attorneys | Ohio Whiplash Injury Learn the basics about whiplash, i.e. cause, symptoms, diagnosis, treatment. Experienced lawyers offer free consultation for whiplash injury call 1-800-589-3023
  • Tavern Owners' Liability Expanded The Ohio Dram Shop laws amended to hold liquor sellers responsible for damages caused by beer drinking patrons who injure other persons.
  • Ohio Legislature Caps Damages in Claims for Medical Malpractice A person injured due to medical malpractice is limited in recovering harms and losses for pain and suffering and other non-economic losses.
  • Sports Injury Can Lead To A Lawsuit 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 Harder to Prove The Ohio Supreme Court found constitutional the legislature's right to severely limit direct actions against an employer for extremely dangerous conditions.
  • Ohio Car Crashes Caused by Drunk Drivers and 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 Victim of Drunk Driver Can Recover Against Bar That Served The 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.
  • Victims of Drunk Drivers May Have Additional Remedies 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.
  • Parking Garage Owner Not Liable For Slip Caused By Loose 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.
  • Facebook Photographs Can Hurt Case 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.
  • Firm Newsletter Winter 2011 - Volume 14 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.
  • Doctor's Own Medical History Not Protected By Physician-Patient Privilege 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.
  • Liability for injuries during sporting events 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.
  • U.S. SUPREME COURT DECIDES IMPORTANT QUESTION ABOUT ARBITRATION 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.
  • Couple's Lawsuit Thrown Out of Court Because of Time Limits 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.
  • Physician Who Was Professor at State University ImmuneFrom Lawsuit 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.
  • Miraldi and Barrett Fall 2009 Newsletter 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 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.
  • Political Subdivision Not Immune From Claim Brought By Employee 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 Supreme Court Limits Inference of Negligence in 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.