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Robert Craig McLaughlin

Robert McLaughlin’s Answers

2 total

  • Being rear ended while being at a complete stop

    my mother was rear ended in my car she is an unlicensed driver of which she just found out she was a complete stop preparing to make a left hand turn when a car comes flying up and rear ends her my question to you is and i know she'll be sited wil...

    Robert’s Answer

    If I am reading your question right, the fact that your mother was not a licensed driver should not keep the liability insurance company for the other driver who rear-ended your mother from paying for the property damage to your car. In addition, if your mother was injured, she may also be able to make a personal injury claim against the other driver.

    Your mother's status as an unlicensed driver will likely only affect her ability to access any benefits (i.e., medical payments coverage or underinsured motorist benefits) under your automobile insurance policy.

    As the owner of the car, you should contact the insurance company for the other driver. They should then send out a claim representative to look at your car to see if it can be fixed or is a total loss. You have the right to have your vehicle fixed at a body shop that you choose. In addition, they should provide you a rental car for the time your car is being fixed.

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  • Do I have a straight forward medical negligence claim?

    My mom has had cancer for many years. The medications she has been on haven't changed in years. She was given a Lyrica pill one time last year and she had to be rushed to the hospital because of it. Last week, she went back to the hospital for ...

    Robert’s Answer

    In Ohio, you generally have one year from the date of the alleged medical negligence to settle your claim or file suit. This is called the statute of limitations. So you have to act fast or you could be prevented from bringing a claim, regardless of its merit.

    In order to prove a medical negligence case you need to establish what the standard of care is for a doctor who is presented with a patient like your mother (i.e., age, medical conditions, symptoms, etc...); that the doctor breached the standard of care (i.e., the doctor did or didn't do something he should have); that the breach caused your Mother to be injured; and that she suffered damages.

    Medical negligence cases are complicated and expensive. They are complicated because of the medicine involved. They are expensive because expert testimony is necessary to prove the case and the experts have to be paid for their time reviewing records, testifying, etc... If you want to investigate this case further, I suggest you obtain a certified copy of your mother's medical records from before and after the incident and then contact an Ohio attorney who handles medical negligence cases. Good luck to you!

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