Cincinnati Full-Service Law Blog

Don't panic if someone sues you; get ready to defend yourself

There is so much misinformation floating around about your rights as an American and a resident in Ohio that some people don't really understand the legal system at all. Many people understand, for example, that they have the right to defend themselves against criminal allegations. However, when it comes to civil lawsuits, the idea of a defense seems foreign to many.

Still, you have the right to defend yourself from any legal claims, even if the consequences will be civil and financial, not criminal. Although the courts do not have to provide you with an attorney as they do in the event of a criminal case, you have the right to retain an attorney on your own behalf. Doing so is often in your best interest, particularly if the amount of money the other party wants to seek from you is quite high.

Pinpointing the causes of misdiagnoses

People in Cincinnati go their doctors expected that said professional’s experience and expertise will help them arrive at the correct diagnosis as to what is ailing them. However, most also realize that even with the many advances made in modern medicine in recent year, diagnostic science still has its limitations. Thus, misdiagnoses will happen (indeed, according to information shared by CBS News, more than 12 million Americans are misdiagnosed by clinicians every year). Yet patient’s still have the right to expect that their doctors will use sound judgment when diagnosing their conditions. If that expectation is not met, they may justly question why. 

Often, healthcare professionals will incorporate heuristics into their decision-making. Heuristics are the accepted best practices within an industry, and have typically been developed through both study and the analysis of real-world data. Doctors are not discouraged from considering heuristics when examining their patients; it is when they allow heuristics to completely influence their decisions that problems arise. 

Understanding COBRA coverage

As you prepare into enter into your divorce proceedings in Cincinnati, you mat begin to start to look more and more at what yours and your kids’ lives will be like once your marriage has officially ended. Many in your position (who were not the primary income earners in their marital homes) have come to us here at The Law Firm or Droder and Miller questioning what will happen once they are no longer available for coverage under their ex-spouses’ group health plans. If you are currently contemplating the same point, you will be happy to know that your current coverage can continue even after the end of your marriage. 

Per the U.S. Department of Labor, the Consolidated Omnibus Budget Reconciliation Act stipulates that people who had been covered under a group health plan can remain eligible for such coverage after having experienced a significant life event that affected their affiliations with the organizations sponsoring said plans. Per COBRA guidelines, divorce is considered to be such an event (indeed, under COBRA, you can remain covered under your ex-spouse’s plan for up to 36 months following your divorce). Your eligibility is based on whether your ex-spouse’s health plan qualifies for COBRA coverage (and it does as long as their employer is a private company employing more than 20 people or a state or local agency). You must also have been eligible for plan coverage the day prior to your divorce occurring. 

What will happen to your belongings when you die?

Planning for your death is not an easy thing to do, but estate planning is vital for making the lives of your loved ones and heirs easier once you are no longer around. It also gives you peace of mind while you are still here to enjoy life and those you love.

Planning can be simple, ranging from a will, power of attorney and health care proxy to more complicated documents such as trusts or corporate succession agreements.

What should I do when involved in a car accident?

Even minor car accidents are stressful. This is especially true when fault is disputed or when multiple vehicles are involved in a single accident. In this case, it's important to take the proper steps to prevent the situation from becoming much worse. Taking the proper steps also helps you when making an accident claim after the dust has settled. 

First and foremost, you want to ensure that all involved are physically OK. If injuries are present, contact emergency medical personnel as soon as possible. If there are no injuries, determine whether you need to move your vehicle, if you're able. In most cases, it's best to leave your vehicle where it's stopped. However, if you're blocking traffic and increasing the risk of another accident, try to move your vehicle to a safe location. Whatever you do, do not leave the scene.

Factors to consider when creating a parenting plan

Dissolving an Ohio marriage is never easy, even when it is amicable. If you have children, you and your ex must develop a parenting plan that is acceptable to both of you. The Law Firm of Droder & Miller, we often assist families in all aspects of a divorce, including child custody and support.

In most cases, the court awards shared physical custody. Custody X Change reports that parenting plans should include a variety of situations. The residential schedule shows where your child lives and when. The holiday schedule indicates which special occasions and holidays your child spends with you and which he or she spends with your ex. A calendar for summer break specifies where your child is during the time that school is out. If they are off to camp for any part of the time, note it here.

Is my senior loved one being taken advantage of?

It's a sad fact of life that scam artists often target seniors for their perceived vulnerability. Additionally, some seniors are more likely to fall victim to these scams than others, which can cause financial effects as well as having a possible impact on a person's overall well-being. To ensure you can adequately protect your loved one, AARP provides the following advice. 

Many seniors lack a strong social network. Socialization is an important human need, one that many elderly people fulfill with friends and neighbors. While you would hope that these people have the best interests of your loved one in mind, this is not always the case. Check-in on your loved one frequently to ensure they receive healthy and stable socialization on a regular basis. You should also ask questions about your relative's acquaintances and friends if you're not fully aware of them. 

How should a business handle negative online reviews?

It's easier than ever for consumers to make their opinions about individual businesses known far and wide thanks to online review sites. While it's definitely important for consumers to have a voice, business owners are rightly concerned about the impact a negative review can have on their reputation. In this case, there are ways to turn negative reviews into a positive situation. 

According to the U.S. Small Business Association, responding correctly to negative reviews can actually be beneficial. The key word here is correct, as responding to a negative review with a personal attack or snarky language will only make the situation worse. Be kind and courteous while acknowledging your customer's issue. If there are discrepancies about what happened, bring them up, but frame them as a misunderstanding or miscommunication. No matter what, apologize for the problem identified by your customer. You should also let them know how you plan on correcting the problem in the future. A customer is more likely to return to your business if she believes you're taking the right steps to rectify the issue. It's natural for a business to make mistakes, but how you handle them shows your true character. 

Three considerations when getting started succession planning

As a business owner, you have probably put a great amount of effort into the success of your business. However, have you considered how your business’s success could be impacted by your absence?

Without a succession plan in place, your business could struggle after your retirement or death. Without planning or clear direction, there may be no one with the skills needed to step into your shoes. Alternatively, there could be squabbles over who will replace you.

How can I help my children during a divorce?

When parents divorce, kids often experience a wide range of conflicting emotions. Managing these emotions can be difficult, especially when you're experiencing hurt feelings of your own. If you're currently going through a divorce and aren't sure how to help your kids, KidsHealth.com offers the following tips. 

You want to make sure your child knows that his or her feelings are completely valid. You can do this by acknowledging their feelings and assuring them that it's healthy to feel the way they do. This is especially important if they feel hurt or let down by the other parent due to a missed visit or another issue. The act of expressing one's emotions in a safe and secure environment can be cathartic on its own, especially for younger children. 

Contact Us For Assistance With Your Legal Needs

With extensive experience serving individuals and businesses in Ohio and Kentucky, we have what it takes to protect your interests and limit your exposure to legal and financial difficulties. Contact us today to arrange an initial consultation with a proven lawyer.

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