Mark Wayne Napier’s Answers

Mark Wayne Napier

Cincinnati Car / Auto Accident Lawyer.

Contributor Level 10
  1. Who is entitled to a lawsuit settlement for the death of a father and son? Can creditors take money from the settlement?

    Answered over 1 year ago.

    1. Mark Wayne Napier
    2. James Otto Heiting
    3. Christian K. Lassen II
    4. Anthony Dean Castelli
    5. Bret A. Schnitzer
    6. ···
    6 lawyer answers

    Maybe. In Ohio, your son's estate representative can bring what is called a survivorship claim for your son's own injuries, related medical expenditures, and conscious pain and suffering before his death. Those medical expenses may be required to be paid due to mandatory statutory or contractual liens. Talk to your granddaughters' attorney on what suit was brought and did it resolve the possible medical expense liens . In addition, your son's estate representative may also bring a wrongful...

    9 lawyers agreed with this answer

  2. What type of accident lawyer is best for a self employed personal trainer involved in an accident that can no longer work?

    Answered over 1 year ago.

    1. Jeffrey Mark Adams
    2. Mark Wayne Napier
    3. Manuel Alzamora Juarez
    4. Andrew Michael Korduba
    5. Jeffrey Jose Estrella
    6. ···
    12 lawyer answers

    You should seek an experienced personal injury attorney who has the knowledge and resources to properly handle your case. Check around.

    7 lawyers agreed with this answer

  3. Do i have to claim a settlement that i recieved from a car accident on my taxes?

    Answered over 2 years ago.

    1. Joseph T Ostrowski
    2. Marc Sean Hurd
    3. Mark Wayne Napier
    4. Raymond Scott Costantino
    5. Matthew Robert Porter
    6. ···
    8 lawyer answers

    It can get a little confusing but generally a settlement for physical injuries or illness is not taxable as income. However, if a portion of the settlement proceeds is designated in a settlement agreement as specifically for emotional injury damages or lost wages or even a confidentiality provision, then those non-physical injury or illness components are taxable as income. In general, if you just received a simple settlement check from the insurance company in exchange for a General Release,...

    7 lawyers agreed with this answer

  4. LPN falsely accused of abuse! PLEASE HELP

    Answered over 1 year ago.

    1. John Maurice Holcomb
    2. Mark Wayne Napier
    3. Christian K. Lassen II
    4. Kenneth Lee LaBore
    4 lawyer answers

    Its unclear why they may be contacting you - as a witness or as a suspect. Regardless, consult with a local employment law attorney who also has some experience with criminal law. It may be nothing more than they want to talk to you about what you may know.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Danny was hired in October by Diakon Logistics (ohio) and was working up to 12/05/2012 when he was termintated due to an

    Answered over 1 year ago.

    1. Peter Stephen Kirner
    2. Mark Wayne Napier
    3. Kevin Coluccio
    4. Robert Bruce Kopelson
    5. Michael Shemtoub
    5 lawyer answers

    Danny should promptly schedule a consultation with a employment law local attorney. The attorney may be able to negotiate favorable terms for the termination. The company might pay the check promptly, allow the termination to be changed to a layoff, and not oppose a claim for unemployment benefits if he is arguably an employee, not an independent contractor. And yes, the first thing is to get a copy of the contract he allegedly signed. And, get a copy of the employee handbook. Best regards!

    5 lawyers agreed with this answer

  6. Father was in a nursing home was left standing unattended and fell.

    Answered about 2 years ago.

    1. Mark Wayne Napier
    2. David W. Terry
    2 lawyer answers

    So sorry to hear about your father. A nursing home must assess a resident for fall risks. They must have a written plan to minimize that risk. It appears that the nursing home employee violated the standing order or the fall risk plan. Most nursing home claims boil down to simply not enough staff to provide for the needs of the residents. The facility was likely short-staffed at the time. For wrongful death in Ohio, there is a two year statute of limitations. You and your family members should...

    3 lawyers agreed with this answer

  7. Medical Malpractice for botched epidural in Ohio?

    Answered over 2 years ago.

    1. Mark Wayne Napier
    2. Marc Sean Hurd
    3. Christian K. Lassen II
    3 lawyer answers

    Ohio has a one year medical malpractice statute of limitations. This means normally you must file suit within one year of the date of the injury by the resident. The one year may be extended under certain circumstances, but you MUST speak to a medical malpractice attorney in Cleveland IMMEDIATELY to determine if you still have time to file suit or time has expired. Call your local bar association's lawyer referral service today, and ask to be referred to a med mal attorney. Call the attorney today.

    3 lawyers agreed with this answer

  8. Son tripped on unbarricaded wood, and broke his ankle badly.

    Answered over 2 years ago.

    1. Mark Wayne Napier
    2. Raymond Scott Costantino
    3. Richard Edward Noll
    3 lawyer answers

    Premises accident claims can be tricky, but regardless your son should certainly consult with an experienced personal injury claim in your area immediately. Do not delay, as the attorney will want to do some investigation, and try to preserve any security camera video, if any, or other evidence that may show the condition of the grounds at the time of the fall. And, believe me, there are very few false slip and fall claims out there, but the insurance industry has done a good job of convincing...

    Selected as best answer

  9. My employer asked me my age.

    Answered almost 4 years ago.

    1. Mark Wayne Napier
    2. Randy T. Enochs
    2 lawyer answers

    An employer is prohibited from asking your age in a job interview. Also, age should not be a factor in an employer's post-hiring employment decisions. But, you have no viable legal claim until you suffer an adverse employment decision based arguably on age. You should document, off the clock and off the premises, the conversation you had with the owner as to date, time, place, witnesses if any, and the words said so you may use that document to refresh your recollection if needed in the future....

    Selected as best answer

  10. I am a truck driver and I was fired from J B Hunt for a accident that I was found not at fault of. They claim safty issues.

    Answered almost 2 years ago.

    1. Mark Wayne Napier
    2. Bret A. Schnitzer
    3. Marian Ida Kelly
    4. Kevin Coluccio
    4 lawyer answers

    By all means, schedule an in-office consultation with an employment law attorney who concentrates his or her practice in handling employee wrongful discharge or discrimination claims. You will not know if you have a claim or not unless you consult with an attorney. While your relationship with your employer may be employment "at-will," there are so many exceptions now days to this doctrine, that it rarely applies despite what well-meaning attorneys may tell you. If what the employer did is...

    2 lawyers agreed with this answer