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John Robert Sauter

John Sauter’s Answers

146 total

  • What is a reasonable settlement for receiving the wrong prescription which resulted in a hospital stay?

    I was hospitalized for eight days due to an overdose of medication because a prescription was filled incorrectly. The pharmacy is offering a settlement and I have no idea what is a reasonable amount. Could you help me?

    John’s Answer

    An injury attorney would be able to help you because that attorney would be able to understand what constitutes a fair settlement value, given your injuries, the cost of your medical treatment and hospital stay, and what you may be eligible to receive if your claim went to trial and you received an award from a jury.

    Do your homework on who is a reputable injury attorney/law firm in the Columbus area.

    While you may have to hire an injury attorney on a contingency fee basis, that attorney's services could pay for itself in that the settlement amount from the pharmacy would be greatly increased.

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  • Will an attorney still sue me for being at fault (uninsured) in an accident if i'm a full time student who doesnt own anything?

    I was in a wreck last May. I was at fault in the accident. My car was uninsured. I just received a letter from an attorney for the guy I hit in front of me. They want to collect a debt of about $21,000. The car damage was about that, there was a $...

    John’s Answer

    Your question perfectly illustrates the negative consequences that can and do happen when you drive without insurance. The other attorneys are correct, if you are unable to enter into a payment plan with the driver you struck, he or she is likely to sue you in civil court. The driver would get a judgment against you, which, under Ohio law, they could attach to your bank account, your paycheck, your personal property or, eventually, any real estate that you own. Because a judgment can be revived, even if dormant, the party suing you would have up to 15 years in which they could attempt to execute on the judgment. While you may not have much to your name now, your circumstances are likely to chance 5-10 years from now. This is why it would make sense for the driver who you struck to push forward with a lawsuit and ignore your present financial circumstances.
    Contact Legal Aid in your area and inquire about free or reduced fee legal representation. An attorney may be able to negotiate more-favorable payment plan terms.

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  • What are the steps necessary to settle a child's personal injury claim in Ohio?

    An agreement has been reached with the insurance company to settle for $12,500.00. The lawsuit has not yet been filed. Since a lawsuit has not been files, does the probate court need to approve this settlement? Or would I need to first file a laws...

    John’s Answer

    Need probate court approval for settlement of a minor's claim, regardless of whether lawsuit has been filed. Find attorney to handle probate court approval process, which can be complex.

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  • Can I sue a state park for negligence for not providing a safe and secure environment.

    I have a minor teenager daughter who was raped during the middle of the day in the guys car in the in the park parking lot. The parks mission statement says they strive to provide a safe park. We spent a week in the crisis center in a children's h...

    John’s Answer

    First and foremost, I hope your daughter has recovered or is on the road to recovery from what had to be an extremely traumatic ordeal.

    Holding a landowner (the state) accountable in a civil court of law for the criminal actions of a third party (the rapist) is possible, but, generally speaking, very difficult. These cases typically hinge on a variety of factors including: the type and seriousness of the criminal activity, the landowner's prior knowledge of criminal activity on or near the property, the type of property and the frequency of its use, and any attempts by the landowner to make the property safe. To be successful, the injured party must show that the landowner's actions (or lack thereof) made it substantially likely that an individual would be injured on the property by a third party's criminal behavior.

    You should consult with an injury attorney to further discuss the legal rights you may have.

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  • Can I sue Columbus Gold for bouncers hitting and breaking my phone when I was never aggressive?

    I was at Columbus gold last night and some girls took advantage of how much money I had on me and I was mad it was about 2900 so I told a bouncer about it I was never aggressive I was a bit loud but I never even threatened anyone or was remotely v...

    John’s Answer

    You may very well have a nice claim against both the owner of the establishment as well as the individual employees who may have assaulted you and/or damaged your personal property. Your claim could be strengthened due to the availability of the videotaped evidence.

    "Bouncers" and security have no special rights to physically assault individuals. They do have a right to physically defend themselves from attack or to detain you (in limited situations).

    Contact an injury attorney for additional information and guidance. You are welcome to contact me at 614-461-4455 with additional questions.

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  • Our sidewalk was re-done in Fall 2013. They created an incline where they used to be a step.

    The sidewalk passes underneath a gutter that leaks water. This caused unreasonable amounts of ice to form in front of our apartment door and they were not salting adequately. My wife slipped,fell and tore her rotator cuff requiring surgery to re...

    John’s Answer

    Perhaps, but I'm doubtful. The Ohio Supreme Court has held that an owner of property has no duty to remove natural accumulations of snow and ice or warn of the dangers of snow and ice. There are two exceptions to this "no duty" winter rule. First, unnatural accumulations of snow and ice, and second, when the snow and ice is substantially more dangerous than ordinarily would be anticipated (such as snow obscuring a pothole).

    The first exception (unnatural accumulations) would be at issue here. Unnatural accumulations are caused by forces other than natural meteorological conditions - essentially human intervention that causes snow and ice to accumulate in unexpected ways and places.

    These cases are fact-heavy. Your case might depend on whether there was snow and ice in the surrounding area. Further, the majority of Ohio appellate courts require the Plaintiff to prove that not only an exception to the 'no-duty' winter rule exists, but also that the snow or ice that caused the injury was not open-and-obvious, as an open-and-obvious danger is a complete bar to recovery.

    Consult with an experienced personal injury attorney in your area of a complete understanding of your claim.

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  • CanBystander who witnessed the death of a victim three blocks away recover damages for negligent infliction of emotional distres

    Can a Bystander who witnessed the death of a victim three blocks away recover damages for negligent infliction of emotional distress?

    John’s Answer

    Yes. The Ohio Supreme Court has detailed the basic elements of an NIED claim in regard to a bystander at the scene of an injury caused by negligence: one who “reasonably appreciated the peril which took place, whether or not the [bystander] suffered actual physical harm, and, that as a result of the cognizance or fear of peril, the [bystander] suffered serious emotional distress.”

    Whether the emotional injuries sustained by the bystander are serious is a question of fact. Additionally, the emotional injuries must have been reasonably foreseeable as a result of a reasonable person’s reaction to the circumstances. Whether or not the emotional injury was reasonably foreseeable is based upon several factors: (a) whether the bystander was located near the scene, or a distance away; (b) whether the shock resulted from a direct emotional impact based upon the sensory and contemporaneous observance of the injury, as contrasted with learning of the injury from others after its occurrence; (c) whether the bystander and the injury victim were closely related, as contrasted with the absence of any relationship or only a distant relationship.

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  • Injury in ohio prison due to irrate c.o. busting window & causing glass to hit & cut face and eye of inmate

    whiie on cleaning detail another inmate was "rapping" & tapping on window,,a c.o. got aggrevated and hit window from other side causing window to break & crash hitting another inmate in face& eye,,inmate was taken to hospital & told to see ophtamo...

    John’s Answer

    Yes, inmates in Ohio's prisons have right to legal representation. Employees of the Ohio Department of Rehabilitation and Correction owe prison inmates a duty to keep them safe from unreasonable harm.

    These types of claims are filed in a special court, due to the fact that the lawsuit would be brought against the State of Ohio.

    Should you desire more information, my contact information is on my profile page.

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  • What can I do? Can I sue him?

    I got this job 6 days ago. On my first day the owner shot a blank 380(?) at me then handed me the bullet, offered me something to drink cause he was drinking brandy, then asked me if I was having sex with my boyfriend. His wife told me that he was...

    John’s Answer

    You can contact your local police department, explain the incident to them, and they may decide to arrest him for menacing.

    You can sue him for assault in a civil court.

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  • What are my options after a car accident?

    My vehicle was totaled by another motorist (they were found to be at fault and were cited).There were no injuries. They did not have insurance and I did not have uninsured motorist protection. The estimate for my vehicle was $5,200. After repea...

    John’s Answer

    You've got legal and non-legal options. Your best bet may be to sue the individual. You'll need a lawyer for this. Don't even think about small claims, you'll be leaving money on the table.

    Ohio has non-legal options through the Ohio BMV when you are struck by an uninsured motorist. You can file a BMV Crash Report (google: Ohio BMV FInancial Responsibility). This places a security suspension on their licence that is only lifted when they've paid your damages.

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