Mark Wayne Napier’s Answers

Mark Wayne Napier

Cincinnati Car / Auto Accident Lawyer.

Contributor Level 10
  1. Do we have a negligence case?

    Answered over 2 years ago.

    1. Mark Wayne Napier
    2. David Michael Benson
    3. Mary Katherine Brown
    4. Joseph Jonathan Brophy
    4 lawyer answers

    I am very sorry to hear of your grandmother's death. You and the other next of kin may be able to pursue both a surviving medical malpractice claim and a wrongful death claim. But, you need to consult with an experienced medical malpractice attorney in your area without further delay. The attorney will need to review the preliminary facts with you, and if the case appears to have merit, gather the related medical records to be reviewed by a physician and/or nursing expert to determine if the...

  2. Can I sue for medical malpractice after 4 years in the state of Ohio even though the statute of limitations is 1 year?

    Answered over 2 years ago.

    1. Mark Wayne Napier
    2. Christian K. Lassen II
    3. Mary Katherine Brown
    4. Christine C McCall
    4 lawyer answers

    In general, an aggrieved patient has one year from the malpractice to file suit. There are a few circumstances that allow the extension of this limitation. But, Ohio now has a four year statute of repose for medical malpractice. This means that after four years from the malpractice, any such claim would be barred. But, the Ohio statute of limitations for wrongful death, even if due to medical malpractice, is two years from the date of death. A wrongful death claim is brought by the...

  3. Can someone please help me on what to do about a situation dealing with my sons birth and him passing away due to my doctor?

    Answered over 2 years ago.

    1. Mark Wayne Napier
    2. Jennifer L Keel
    3. Mary Katherine Brown
    4. Lars A. Lundeen
    5. Daniel Paul Buttafuoco
    5 lawyer answers

    First of all, I am very sorry to hear of your baby's very tragic passing. Yes, you should promptly have an office consultation with an experienced medical malpractice attorney in your area. The consultation will be free. If the attorney accepts the potential case for investigation, then the attorney will first gather all the relevant medical records. The attorney will next seek and hire an experienced medical doctor in the same speciality as the potentially negligent physician. The expert will...

  4. Can i lose my license for a traffic violation even if the accident & witness reports state everything wasnt my fault ??

    Answered over 2 years ago.

    1. Mark Wayne Napier
    2. Christian K. Lassen II
    3. Jeffrey Mark Adams
    4. Michael Wayne Goolsby
    4 lawyer answers

    It is not clear from your facts if the officer cited you for causing the accident or not having insurance at the time, or both. Regardless, a citation is an accusation, not a conviction. For a conviction, the State will have to prove your guilt of the specific offenses charged beyond a reasonable doubt. You must get a a criminal/traffic defense lawyer to represent you, or if you are unable financially to hire an attorney, seek a public defender. Good Luck!

  5. Do we (either my mother or my grandmother) have grounds to sue my grandmother's physician for malpractice or negligence?

    Answered over 2 years ago.

    1. Mark Wayne Napier
    2. Joseph Jonathan Brophy
    3. Christian K. Lassen II
    4. Steven Irwin Milligram
    4 lawyer answers

    Potential medical malpractice cases require that you first retain an experienced medical malpractice attorney in the jurisdiction where the alleged malpractice occurred to gather all relevant medical records. Then, those records must be reviewed by a well-credentialed physician in the same speciality as the potential defendant doctor. The reviewing physician will determine if in his/her opinion the offending doctor failed to diagnose or treat the patient in accordance with applicable medical...

  6. I was rear-ended last night by a motorist. She gave insurance information to me and now I am waiting to hear from her insurance.

    Answered over 3 years ago.

    1. Joseph Carmen Patituce
    2. Mark Wayne Napier
    3. Andrew Daniel Myers
    4. Christian K. Lassen II
    5. Justin Lee Lawrence
    5 lawyer answers

    Where the accident occured will determine how best to proceed. You appear to be a resident of Ohio, which does not have PIP coverage, but Ohio policies typically will have medical payments coverage. When you use the term "PIP" it leads me to believe you are a resident of KY, which is a no-fault state, and utilizes PIP. If you do have PIP coverage, or the collision occurred in KY, you will have available a minimum of $10,000 PIP coverage to pay your related, necessary, reasonable medical bills...

  7. Should i resign or wait to be fired from my job?

    Answered over 3 years ago.

    1. Mark Wayne Napier
    2. Alan James Brinkmeier
    2 lawyer answers

    You should quickly consult with an employment law attorney in your area to review your particular circumstances. You might have wrongful discharge or employment discrimination claims, but will not know until you see an attorney. Also, if you do resign, you will probably NOT be eligible for unemployment compensation. So, do NOT resign at least until you have consulted with an experienced employment law attorney. The attorney may be able to negotiate a severance package or at least an agreement...

  8. If a tennant signed a personal house lease agreement and pulls out, what $ are they responsible for paying.

    Answered over 3 years ago.

    1. Angela Marie Lavin
    2. Mark Wayne Napier
    3. Philip M. Block
    3 lawyer answers

    A lease agreement is a binding contract between you as the landlord and the tenant. You are owed the total rent due under the full term of the lease, until the tenant complies with any lease terms that allow the tenant to terminate the lease early before the term of the lease expires. But, also, you do have the duty to mitigate (minimize) your economic damages by making reasonable efforts to lease the premises to another tenant. Bottomline, yes, they owe you at a minimum the rent payments for a...

  9. Returning from FMLA you find someone has recently been hired for your job and you are given a lesser position is this legal?

    Answered almost 4 years ago.

    1. Mark Wayne Napier
    1 lawyer answer

    Your friend's demotion may or may not be legal depending on whether your friend is covered by the Family Medical Leave Act (FMLA). For her to qualify for protection under the FMAL, her employer must employ 50 or more employees within a 75 mile radius, and she must have been an employee for at least 12 months before she took leave. If she is qualified for protection under the FMLA, she should consult with an employment law attorney right away to possibly be reinstated in her former position and...

  10. I was a passanger in my boss mans truck when he hit a car stoped car on interstate

    Answered over 2 years ago.

    1. Christian K. Lassen II
    2. Charles Joseph Michael Candiano
    3. Neil Richard Flit
    4. Mark Wayne Napier
    5. Daniel Paul Buttafuoco
    6. ···
    6 lawyer answers

    If your injury occurred while you were working, then you very likely have a valid workers comp claim. Many states prohibit direct suits against employers by employees for work-place injuries. This is called immunity. By all means, contact a local workers compensation attorney for a free consultation on what you should do given your particular circumstances. While you may fear retaliation by your employer or supervisor if you file a workers compensation claim, most states prohibit any kind of...

    1 lawyer agreed with this answer