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Daniel Arthur Romaine
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Daniel Romaine’s Answers

168 total


  • Can I be sued if my dog bite a person on my property who was not invited and should not have been there?

    I had the gate to my back yard open to take out garbage and a neighbor came on to my property uninvited. My dog ran out, jumped on her and broke the skin. I don't know if it was a bite or scratches, as I did not see it happen. This person is aware...

    Daniel’s Answer

    Trespassing is a bar to recovery for dog bite cases. Thus, if you are able to prove that your neighbor was trespassing you may not be liable for her injuries. Her status as a trespasser is a factual issue. You should report this to your homeowners or renter's insurance company who will defend the matter on your behalf.

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  • Would this qualify as medical negligence?

    I've been injured at work and filed a workers comp claim. The company I work for is self insured and has a medical department. The medical department did an x-ray. The Dr. informed me that it was only arthritis. After 2 years I got a copy of the r...

    Daniel’s Answer

    This does not sound like a medical negligence case that can be pursued. Medical negligence cases require injuries that are far more severe in nature. You may wish to speak with a workers' compensation attorney however if you have questions about that underlying claim.

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  • Can I contest a will

    My grandmother was diagnosed with Alzheimer's/ Dementia. Shortly after she was diagnosed my Uncle bullied her into making him power of attorney and creating and signing a new will that only mentioned him and his wife--whom my grandmother wasn't v...

    Daniel’s Answer

    Yes you can challenge the will. You will need an attorney that handles probate litigation. This will likely be filed in the county your grandmother resided so that is where I'd start to look.

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  • In need of finding NEW representation on a WC claim

    I would like to browse my options for finding new representation for a current claim that I have. I have been told in Ohio, you can not reach a settlement with your employer unless your statue of limitations has been past, and the accident is...

    Daniel’s Answer

    There's no such black and white rule about settling WC cases. There are however many considerations to take into account before settling. You would be best served to speak with an Ohio WC attorney. There are many of us on Avvo, simply search the site for WC attorneys.

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  • Can I sue for the fact that the air conditioner at my daughters wedding was broken and we all suffered through the evening?

    The wedding was at Bell event center, which is beautiful. This is not the VFW! It cost many thousands of dollars! The food is wonderful, the venue is spectacular! Our 160 guests were miserable as well as the bride bridal party even had to stri...

    Daniel’s Answer

    You always have the right to sue to recover your damages but a complete analysis requires an evaluation of the defendant's possible defenses and an honest unbiased assessment of the damages. You will need to start by looking at the rental agreement to see if it addresses this contingency. Next, did you already settle this by accepting the additional hour and bar bill at the end of the night? How did that come about? I would suggest that you continue to negotiate the matter to see if they are willing to compromise further before consulting an attorney. You may find that the cost of litigating this matter outweighs any additional recovery that could be made and you have to make the decision based upon that type of economic analysis and not an emotional one. I certainly would feel the same way if I were in your shoes but litigation is not always the best economic choice.

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  • Will my auto insurance cover me if I have an accident in a commercial vehicle (not mine).

    Damaged a carport on apartment complex property while moving in.

    Daniel’s Answer

    If there's insurance coverage for the vehicle you were driving, that policy should be primary assuming you were a permissive driver at that time. Report it to both companies and let them sort it out.

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  • WC settlement advice

    Once an injured worker has reached MMI, can the employer refuse to settle the claim until it is dropped off their insurance?

    Daniel’s Answer

    Neither the employee nor the employer can be forced to settle a WC claim. There are ways to leverage an employer position to make settlement more attractI've to them and a local WC attorney can help with that approach. A claim going out of an employers experience can be a factor to be considered. There are many other factors though. Consult with a WC attorney.

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  • If someone is assaulted at a bar and the result of it suffered a (TBI)Traumatic Brain Injury can anyone be held accountable

    Brandon Cohen Findlay Ohio in search engines

    Daniel’s Answer

    Depending upon the circumstances, it is possible. You should discuss the specific facts with an attorney.

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  • Can I file a civil suit against my former employer after my Wk Comp claim is resolved to help recover some my medical expenses.

    After suffering a wk related injury, I went to my HR and asked to be placed on short/long term disability so I could get the needed jaw surgery. I was told by HR that I could not go on short term disability unless I CLOSED my Wk Comp Claim. Theref...

    Daniel’s Answer

    The answer to your question depends entirely on the circumstances of your injury. It is possible that WC is your only avenue of recovery. The only way to know that would be to discuss the matter and work through the analysis.

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  • Do I have case against my hospital?

    During a rainy day in June I slipped and fell on my back porch, and my bottom cheek was swollen to the point I could not do anything. I was taken to the hospital where the doctor prescribed me pain medicine that causes severe drowsiness. Unaware o...

    Daniel’s Answer

    Medical malpractice cases are not typically pursued in Ohio unless there are permanent and substantial injuries caused by medical neglect. What you described above would not qualify (in my opinion) but if there are further details about your injury, please share them with us on Avvo.

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