Uncategorized Archives - Seif & McNamee https://law-oh.com/category/uncategorized/ Ohio Law Firm Serving the Community Tue, 29 Mar 2022 18:52:10 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.1 Take these Five Steps after a Serious Car Accident in Ohio https://law-oh.com/take-these-five-steps-after-a-serious-car-accident-in-ohio/ https://law-oh.com/take-these-five-steps-after-a-serious-car-accident-in-ohio/#view_comments Tue, 10 Apr 2018 19:06:41 +0000 Physical well being is always the first concern after any kind of accident, especially when vehicles collide. If you suffer an injury as the result of the negligence or recklessness of another person or party, you deserve money damages to help your recovery and provide for future medical and other serious needs.

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Physical well being is always the first concern after any kind of accident, especially when vehicles collide.

If you suffer an injury as the result of the negligence or recklessness of another person or party, you deserve money damages to help your recovery and provide for future medical and other serious needs.

In Ohio, the measure by which you can recover compensation from another party for an injury caused by a car or other accident is called “comparative negligence.” This means just about what it says—that after an accident, the negligence of all parties is compared to see who was at fault, and how much at fault they were.

In many cases, an injured party is declared to be partially at fault. As a result, the amount of their compensation will be reduced by the percentage they are found to be at fault. Whether in Waverly, Chillicothe, Hillsboro, Circleville, Washington CT House or anywhere else in Ohio, if you are found to be more than 50 percent at fault for the accident that caused your injury, you may not recover compensation for your injury from the other driver or parties.

Taking smart steps after a serious car crash can help you preserve your right to bring a personal injury case against the person who hurt you—and help your attorney prove that you were not at fault if you, in turn, are sued. Here are some important steps to consider after a serious car accident in Ohio:

  1. Get medical help: If injured in any kind of accident, take a trip to the hospital or urgent care facility. Even if you believe you feel fine, you could have a serious internal injury or a concussion.
  2. Obtain evidence: If possible, ask a friend or a family member to take pictures of the crash scene. Include the vehicles before they are moved, license plates, skid marks on the road, road condition, the traffic, weather, and signage in the area. If there was a temporary obstruction in the road that was partially the cause of the accident, like narrowing of the lane due to road construction, get pictures of that area as well.
  3. Information on the scene: Exchange contact information with the other party, but also try to obtain contact information from the first witnesses to the scene. Often people who witness an accident stay on the scene until they are sure the parties are okay and help arrives. Since these people can provide a first-hand account of how the crash occurred, it is helpful to get their contact information. Obtain a copy of the police report and be sure to give it to your automobile insurance agent.
  4. Speak with an attorney if seriously injured: If you or someone in your family suffered a serious injury, contact an attorney who is experienced with car crashes. Reputable personal injury attorneys in Ohio work on a contingent fee basis. This means you pay no legal fees up front, but their fee and expenses come out of compensation they are able to achieve on your behalf. Insurance companies often approach injured parties individually and offer a lump sum payment to settle the case. These offers are usually much lower in value than what you may need to recover in the long-term. Do not speak with an insurance adjustor about settling your claim – refer them to your attorney.
  5. Keep a journal and your medical appointments: Your job is to regain your health while your attorney works on achieving money damages for you. Be sure to keep medical and physical therapy appointments and copies of any records or test results that you receive. Keep a journal of your injury, what you are going through, and what you and your family are doing to accommodate your injury and treatment.

It is important to take the right steps toward recovery after a car accident. Get good medical help and knowledgeable legal guidance if you suffer serious injury in Ohio.

Experienced car accident law firm in Chillicothe

With 50 years of experience serving injured parties in Waverly, Chillicothe, and all over Southern Ohio, Seif & McNamee, LLC delivers trusted legal representation when you or a loved one suffer serious injury in a car or truck accident. Contact us or call 740.835.4882 today.

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Three Ways an Accident with a Semi-Truck Is Different from a Car Crash https://law-oh.com/three-ways-an-accident-with-a-semi-truck-is-different-from-a-car-crash/ https://law-oh.com/three-ways-an-accident-with-a-semi-truck-is-different-from-a-car-crash/#view_comments Mon, 26 Mar 2018 18:17:39 +0000 According to the National Highway Traffic Safety Administration (NHTSA) there were 123 crashes involving large trucks in 2016 in Ohio, the most recent year annual statistics are available. While people are involved in motor vehicle accidents with cars and delivery trucks or vans every day, a crash with a big rig is different.

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A motor vehicle collision of any kind can be serious, but a crash with a semi-truck often involves serious injury, death and possibly more than one party at fault.

According to the National Highway Traffic Safety Administration (NHTSA) there were 123 crashes involving large trucks in 2016 in Ohio, the most recent year annual statistics are available.While people are involved in motor vehicle accidents with cars and delivery trucks or vans every day, a crash with a big rig is different.

Our attorneys represent injured clients in Waverly, Chillicothe, Hillsboro, Circleville, Washington CT House, and Southern Ohio who suffer injury due to the negligence of another person or organization.When working with an injury claim involving a semi-truck, there are important differences in how accidents occur and how a personal injury claim might proceed.Consider these three points:

  • Semi-truck accidents can be very serious: A collision with an 18-wheeler can quickly kill a motorist, passenger, pedestrian, or cyclist.A semi-truck moves more metal and machinery along the road than a car or SUV. If there is a collision, rollover, or jack-knife, an automobile caught in the collision can be destroyed.
  • The cause of an 18-wheeler crash can be complex: As a commercial vehicle, big rigs represent more than just the operator in the driver seat.Scheduled by a trucking company, the truck may be owned or leased by another entity, maintained by a different company, and loaded by someone else.
  • Early investigation is needed: After a car accident, it is important to take pictures, exchange information, obtain the contact information of witnesses, and get a copy of the police report.The same thing goes for a semi-truck accident, except that the investigation is much more extensive.Just as the trucking company conducts an investigation, it is important for you to collect the extensive evidence that proceeds from a large truck accident in Ohio, including hardcopy and electronic logbooks and GPS data, the driving history and record of violations of the operator, safety violations and maintenance record of the vehicle, police reports, and more. Our team will immediately deploy our trucking experts to inspect the semi-tractor for potential issues, DOT out of service violations, and to obtain a complete copy for the Engine Control Modules (EMC). The EMC utilized in most commercial vehicles have the capability to record and store potentially valuable pre-crash information.

All of these people and businesses could be defendants in a personal injury or wrongful death claim filed by someone who was injured in a semi-truck accident.If an important vehicle part was defectively installed or maintained, it could lead to a load shift that causes a rollover.Because of the complexity of a semi accident, trucking companies quickly send an investigator to the crash scene to gather evidence used to determine cause and liability.

No two injuries, and no two crashes are the same. But the differences between types of vehicles, and types of crashes, can be great.If you are injured in a semi-truck accident in Chillicothe, or elsewhere in Ohio, get experienced legal advice.

Speak with a skilled truck accident attorney in Ross County

With offices in Waverly and Chillicothe, Seif & McNamee, LLC fights to protect your rights and achieve the highest possible compensation based on the facts of your case.If you are injured in a truck or car accident in Ohio, contact us or call 740.835.4882 today. We can help.

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7 Key Points of Power of Attorney https://law-oh.com/7-key-points-of-power-of-attorney/ https://law-oh.com/7-key-points-of-power-of-attorney/#view_comments Fri, 12 Jan 2018 20:45:44 +0000 The most basic definition of power of attorney is that it provides legal authority another person or organization to act in your behalf in certain circumstances. While this may come in different forms (healthcare, special, durable, etc.), each contains the common element that the person who assigns power of attorney is giving another party the ability to act in his or her stead.

Assigning general or durable power of attorney is an important step in creating a thorough estate plan. It protects you and your property in the event you become incapacitated, as you know the person to whom you have assigned power of attorney—known as your “agent”—will act in your best interests and per your wishes.

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The most basic definition of power of attorney is that it provides legal authority another person or organization to act in your behalf in certain circumstances.

While this may come in different forms (healthcare, special, durable, etc.), each contains the common element that the person who assigns power of attorney is giving another party the ability to act in his or her stead.

Assigning general or durable power of attorney is an important step in creating a thorough estate plan. It protects you and your property in the event you become incapacitated, as you know the person to whom you have assigned power of attorney—known as your “agent”—will act in your best interests and per your wishes.

The following are seven important pieces of information to know about power of attorney as you prepare to work with an estate planning attorney:

1) What does a power of attorney do for me? In the event of your incapacitation, the agent acts on your behalf on various legal, financial and/or healthcare matters, as outlined in your agreement.

 

2) Why is it important to have an attorney-in-fact? If you have not specified who will be your agent, you risk not having your wishes carried out upon your incapacitation. This could lead to some stressful and unnecessary legal battles, during which you will not be able to specify your actual wishes. Rather than having your loved ones argue in court about what you would have wanted, you can clearly specify your wishes and have someone act and make decisions for you.

 

3) To whom should I assign power of attorney? You should only assign power of attorney to someone who has your full trust. Choose a relative, friend or attorney who you feel confident will look out for your best interests in all circumstances—especially when you are most vulnerable.

 

4) Can I change who has power of attorney? You and your attorney will need to sign a document that names your agent. After this document has been certified, you are still able to change who has power of attorney at any time, or completely revoke the document altogether.

 

5) When does power of attorney go into effect? A durable power of attorney is effective immediately without any medical finding or opinion. A springing power of attorney arrangement only goes into effect when you are unable to make decisions because of mental or physical ailments, or because of your physical absence. In healthcare settings, it typically takes a doctor signing a form stating you are not “of sound mind” to make decisions for yourself.

 

 

6) What is the best way to assign power of attorney? Many people choose to assign power of attorney through a living will. This document specifies the types of end-of-life care you wish to receive and goes into effect upon your incapacitation.

 

7) What happens if I am no longer incapacitated? If you have a springing power of attorney and recover from the incapacity event or illness, then with a doctor’s or medical opinion to support that you have regained the ability to make decisions for yourself, your agent can no longer make decisions for you.

 

For more information about power of attorney and other key elements of your plan for the future, work with a skilled Ohio estate planning attorney right away.

 

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Seif & McNamee In the Forefront of Acquiring DEA Data to Fight Big Pharma https://law-oh.com/seif-mcnamee-in-the-forefront-of-acquiring-dea-data-to-fight-big-pharma/ https://law-oh.com/seif-mcnamee-in-the-forefront-of-acquiring-dea-data-to-fight-big-pharma/#view_comments Mon, 06 Nov 2017 22:06:26 +0000 You do not currently have a featured image set for this post. To set your featured image, click on the circular Meta View button and set your image in the box on the bottom right. A Federal judge signed an order in Columbus, OH, on the 27th of October, allowing communities to subpoena a national…

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A Federal judge signed an order in Columbus, OH, on the 27th of October, allowing communities to subpoena a national database held by the U.S. Drug Enforcement Administration that tracks the flow of prescription drugs.

Big pharma manufacturers and distributors use the Automated Reports and Consolidated Ordering System (ARCOS) to report on their controlled substance transactions to the DEA.

Although the DEA is likely to oppose releasing the ARCOS database, U.S. District Judge Edmund A. Sargus Jr., chief judge of the U.S. Southern District of Ohio based in Columbus, signed the order for the data subpoena, and is scheduled to hear arguments at the next status conference on December 13.

Sief & McNamee is on the forefront of this request, along with lead counsel Paul Farrell Jr., because the data might support our allegations in federal court that the companies should have known they were sending a disproportionate amount of drugs to our towns and communities. Commissioners in Vinton County have stated that “it’s pretty obvious” that the three companies were not reporting suspicious orders of oxycodone and hydrocodone. The county has a population of 13,000, yet enough pills were sent there in 2015 that every person could have had 105 doses.

The plaintiffs have also requested that the lawsuits be combined as a “multidistrict litigation” case, or MDL. This would allow lawsuits that “involve common questions of fact” to be combined into one case, making rulings more efficient and consistent. A panel of judges will meet in St Louis on November 30 to consider this request, and then decide within two weeks whether to approve it. If approved it would also decide which federal district court would get the assignment.

Our firm prefers the southern district of Ohio, because the judge there is experienced with multidistrict litigation, from a case with over 3,500 suits against the company DuPont. Wherever the case is assigned though, Seif & McNamee will fight hard to protect our communities, with the same zeal we defend every single client.

For more information, contact Seif & McNamee at 740-947-7277 .

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Tackling the Opioid Crisis: Seif & McNamee Chosen to Represent Counties Vs Opioid Distributors https://law-oh.com/tackling-the-opioid-crisis-seif-mcnamee-chosen-to-represent-counties-vs-opioid-distributors/ https://law-oh.com/tackling-the-opioid-crisis-seif-mcnamee-chosen-to-represent-counties-vs-opioid-distributors/#view_comments Mon, 06 Nov 2017 21:55:44 +0000 Seif and McNamee was chosen as one of a few elite law firms to represent Counties and citizens of Ohio as local counsel in litigation against pharmaceutical wholesale distributors as well as manufacturers. The movement will be spearheaded by lead counsel Paul Farrell Jr., recognized as a premier trial lawyer in the field of medical malpractice, making some thirty appearances before the West Virginia Supreme Court. The claims: a failure to report suspicious orders on behalf of counties.

These suits are targeting the heart of the opioid crisis in these communities by going straight to distributors and manufacturers. Each complaint details claims of public nuisance, Corrupt Practices Act violations, and negligence. AmerisourceBergen Drug Corp., Cardinal Health Inc., and McKesson Corp, are the distributors that will answer to these claims in Federal Court, while Purdue Pharma LP, Teva Pharmaceuticals and Cephalon are the manufacturers

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Seif and McNamee was chosen as one of a few elite law firms to represent Counties and citizens of Ohio as local counsel in litigation against pharmaceutical wholesale distributors as well as manufacturers.

The movement will be spearheaded by lead counsel Paul Farrell
Jr., recognized as a premier trial lawyer in the field of medical malpractice,
making some thirty appearances before the West Virginia Supreme Court. The
claims: a failure to report suspicious orders on behalf of counties.

These suits are targeting the heart of the opioid crisis in
these communities by going straight to distributors and manufacturers. Each
complaint details claims of public nuisance, Corrupt Practices Act violations,
and negligence. AmerisourceBergen Drug Corp., Cardinal Health Inc., and
McKesson Corp, are the distributors that will answer to these claims in Federal
Court, while Purdue Pharma
LP, Teva Pharmaceuticals and Cephalon are the manufacturers.

Drug overdoses are one of the leading causes of death for
Americans under 50, and the numbers are rising at alarming rate. Opioids are
considered a major contributor. In Ohio, the claims were brought forth by ten
heavily affected counties in the region. The counties we represent as local
counsel include Pike, Ross, Jackson, Lawrence, Gallia, Hocking, Vinton, and
Guernsey counties. As a national movement, as of this time, there are 83
government entities, cities and counties, involved. The suit claims the
companies have “universally
failed to comply with federal law”.

The problem isn’t limited to the aggressive way these companies
peddled opioids to doctors, but rather that they have downplayed – in some
cases failing to disclose at all – the dangerous and addictive nature of these
drugs. They have downplayed the serious risk of addiction and promoted the
concept of “pseudoaddiction”, recommending that the signs of addiction should
be treated with more opioids. They also exaggerated the effectiveness of
screening tools in preventing addiction while claiming that opioid dependence and
withdrawal are easily managed. They have denied the risks of higher opioid
dosages and exaggerated the effectiveness of “abuse-deterrent” opioid
formulations to prevent abuse and addiction.

AmerisourceBergen Drug Corp., Cardinal Health Inc., and McKesson
Corp. are mass distributors of hydrocodone and oxycodone. They are required
under the federal Controlled Substances Act to report unusual activity in
product orders. Allegedly, these companies neglected the extreme gaps of
prescriptions issued relative to the population size in these areas. Their
failure to act as has led to the current lawsuit.

One of the complaints states: “Plaintiff has reason to believe each has engaged in unlawful
conduct which resulted in the diversion of prescription opioids into our
community and that discovery will likely reveal others who also engaged in
unlawful conduct… Plaintiff names each of the ‘big three’ herein as defendants
and places the industry on notice that the citizens of Ross County are taking
action to abate the public nuisance plaguing our community.”

For more information, contact Seif & McNamee at 740-947-7277 .

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