Mark Wayne Napier’s Answers

Mark Wayne Napier

Cincinnati Car / Auto Accident Lawyer.

Contributor Level 10
  1. Son tripped on unbarricaded wood, and broke his ankle badly.

    Answered over 3 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...

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  2. My employer asked me my age.

    Answered over 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....

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  3. My company is not honoring my employment agreement, and are documenting "write ups" and threatening termination for poor perform

    Answered 7 months ago.

    1. Mark Wayne Napier
    1 lawyer answer

    Your circumstances are not suitable for a quick answer on Avvo. You need to promptly schedule a consultation with an experienced employment law attorney in your area to review your circumstances and any potential legal claims or solutions. Gather any written employment agreement documentation and correspondence that relates to your circumstances to provide the consultation attorney to review.

    2 lawyers agreed with this answer

  4. Can I sue for the difference between the actual amount I received from my full coverage insurance vs the actual worth of the car

    Answered 8 months ago.

    1. David W. Marquis
    2. Mark Wayne Napier
    3. Philip Anthony Fabiano
    4. Kevin H. Pate
    5. Robert Bruce Kopelson
    5 lawyer answers

    Apparently, you used your collision coverage to be partially reimbursed for the "fair market value" of your car. The problem is that insurance companies typically ignore the Kelly Blue Book values, which are not in their interest to use, and will use instead an outside service to value your car allegedly based on recent reported private sales. These private sales are often reported lower than the actual sales price so the buyer's state sales tax obligation is lowered. You may want to spend the...

    2 lawyers agreed with this answer

  5. Can I sue my employer for back wages

    Answered 8 months ago.

    1. Michael Terrence Conway
    2. Mark Wayne Napier
    2 lawyer answers

    Perhaps. You should arrange an office consultation with an experienced employment law attorney in Cleveland. Maybe you have an overtime claim that you are not aware of. Were you always paid time-and-a-half for hours worked over 40 hours a week? Did other employees in the same or similar position as you get raises why you did not? If you did not, what was the employer's motivation and reasoning to treat you differently? Was their decision based on a protected characteristic like race, age,...

    2 lawyers agreed with this answer

  6. 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 over 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

  7. If i was injured and have a herniated disk and want to sue again and havent been able to work for years can i get loss wages

    Answered almost 3 years ago.

    1. Mark Wayne Napier
    2. Andrew Daniel Myers
    3. John Gus Zgourides
    3 lawyer answers

    Ohio has a two year deadline by which you had to file suit within two years of your injury or your claim would have been lost forever. If you settled for $25,000, that may well have been the reasonable value of the claim at that time. Unfortunately, your medical conditions have worsened over the last 14 or so years. When you settled your first accident claim, you would have been required by the opposing insurance company to sign a full and final release of any and all claims in exchange for...

    2 lawyers agreed with this answer

  8. The other driver doesnt have insurence...do I need a lawyer, and what could they do for me?

    Answered about 3 years ago.

    1. Raymond Scott Costantino
    2. Mark Wayne Napier
    3. Marc Sean Hurd
    4. William Burrows Strubbe
    5. Eugene Ray Critchett
    6. ···
    7 lawyer answers

    First of all, sorry to hear about your mother's injuries. I wish her a speedy recovery. To answer your question, yes, you and your mom need to schedule an office consultation with a personal injury lawyer promptly. This very typically will be a free consultation and with no obligation whatsoever to hire the lawyer. If the lawyer would decide to take the case, it will be on a contingency fee basis with a written contract that you and your mom can review of course and ask questions about before...

    2 lawyers agreed with this answer

  9. Does the amount of time it takes to reach a personal injury settlement have anything to do with how much money you get?

    Answered almost 3 years ago.

    1. Mark Wayne Napier
    2. Steven A Schwartz
    3. Paul Y. Lee
    3 lawyer answers

    The reasons why a case has not been concluded are numerous. Are you still treating? Is liability disputed? Is the medical cause of your injuries or conditions disputed? This is a question you need to discuss with your current attorney. Some claims and cases can be settled fairly quickly while others take a very long time. Depends on the case specific facts and circumstances.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. My car has been impounded due to possible hit and skip. What should my next step be?

    Answered 5 months ago.

    1. Mark Wayne Napier
    2. Brian L. Yorke
    3. Christian K. Lassen II
    4. Daniel Arthur Romaine
    5. Peter N Munsing
    5 lawyer answers

    From the information provided, I am not sure if you are a suspect in a hit skip or your vehicle was hit by a hit skip driver. If you are a suspect, contact a criminal defense attorney promptly. If your car was hit by a hit skip driver, the police may be keeping your car for a few days for their forensic personnel to examine the car, take photos, take paint samples, etc. Contact your insurance company also to report the hit skip IF your car was hit by a hit skip driver. Perhaps you have rental...

    1 lawyer agreed with this answer

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