Author: gb

The word “impeachment” has been making headlines and showing up in news feeds on a daily basis for weeks now, after President Donald Trump was impeached on December 18, 2019, following an inquiry stage that was initiated on September 24, 2019. The President Trump impeachment trial began on January 16, 2020. In this blog post, we’d like to briefly discuss what impeachment is and the history of presidential impeachment in the United States.

What is impeachment?

Impeachment is the process in which a legislature accuses a government official of a crime and can possibly remove them from their elected position. The process goes back to 14^th century England and was adopted by our founding fathers when they put together the Constitution. Typically, these crimes occur while in office, although in some cases, impeachment charges have been brought for crimes committed prior to taking office.

Impeachment is not removal from office. When an official is impeached, they remain in office until an impeachment trial is held. If convicted, the punishment is removal from office. The Constitution limits grounds for impeachment to “Treason, Bribery, or other high Crimes and Misdemeanors,” although high crimes and misdemeanors are not specifically defined.

Which U.S. presidents have been impeached?

Only three U.S. presidents have been impeached: President Andrew Johnson, President Bill Clinton, and President Donald Trump. Although President Nixon resigned from office, he was not impeached. Impeachment articles were prepared against him, but he resigned before he could be impeached or face a trial. Notably, Nixon was the only man ever to resign from the U.S. presidency.

What is President Trump accused of doing?

At the most basic level, President Trump is accused of abusing his power for political gain. This allegedly occurred specifically, on July 25, 2019, in a phone call with the president of Ukraine.  Prior to the call, Trump withheld $391 million in congressionally approved military aid to Ukraine and used it as a bargaining chip to urge President Volodymyr Zelensky to investigate allegations against Joe Biden and his son, Hunter. Trump asked for an investigation as a favor, specifically saying, “I would like you to do us a favor.”

What is the evidence against President Trump?

On August 12, 2019, an anonymous complaint was filed by a member of the intelligence community, protected by the Intelligence Community Whistleblower Protection Act.  President Trump was made aware of the complaint in late August, and the public (and members of Congress) became aware of the complaint on September 9, 2019. A non-verbatim memorandum of Trump’s conversation with Zelensky was released by the White House on September 24, 2019. The next day, the whistleblower complaint was released to Congress.

What’s next for President Trump?

As the trial continues, only time can tell what is next. After the Senate impeachment trial, a vote will be held. President Trump can only be removed from office if more than two-thirds of the Senate vote to convict him. Despite facing possible removal from office, President Trump continues to campaign for the 2020 presidential election.

Traffic accidents, particularly distracted driving accidents, continue to be a serious problem in Ohio. Traffic accident fatalities in 2019 have surpassed 2018 by more than 50, with 1,119 deaths reported this year, compared to 1,068 deaths in 2018. In a recent story on NBC4I, Governor Mike DeWine lamented that “Distracted driving involving smartphones is, without a doubt, a major contributing factor to this increase in traffic fatalities.”

Along with more than 1,000 fatalities each year, there are thousands more serious injuries caused by several hundred thousand traffic collisions. These accidents cause Ohio an estimated $13 billion per year in lost earnings and increased healthcare costs.

The Ohio Department of Transportation works with public and local and state and federal agencies to create and enforce traffic laws and educate the public about road safety and accident prevention. Many of these accident reduction efforts focus on driver behavior: eliminating distractions, wearing a seat belt, always being sober behind the wheel, and adhering to the speed limit.

The Ohio State Highway Patrol (OSHP) compiles statistics on all traffic crashes, categorizing them by fatalities, injuries, and property damage, day of the week and time of day, as well as identifying factors.  Youth related collisions are the second-highest category of crash types, most of which occur between 3 pm and 6 pm. From the OSHP, we know that more crashes happen on Fridays than any other day of the week.

Operating a Vehicle Impaired (OVI) crashes continue to be a problem in Ohio, not just from alcohol, but from marijuana and prescription drugs. Comparing 2019 to 2014, OVI related crashes are down by about 12%. This decrease is likely attributed to an increase in ridesharing services and increased efforts by law enforcement to crack down on drunk and drugged driving.  

More than 90% of car crashes involve human error. You can reduce your risk of being involved in an accident greatly by following three simple rules:

1. Stay off your phone while driving
2. Never drive under the influence of alcohol or drugs
3. Do not speed or run red lights

If you are injured as the result of an automobile accident and would like to know more about your legal rights in a personal injury claim, contact the legal team at GB Law today at 614-810-8806. We offer a free case review to answer your questions and determine how we can help.

FAQ: What Kind Of Lawyer Do I Need When I’m At Fault In A Car Accident?

Car accidents are frightening, unfamiliar events, and people who are injured in a car accident are often uncertain about their legal rights and what to do. If you are partially at fault for an accident, you may believe that you cannot recover any money for your injuries. Fault can be attributed to speeding, distracted driving, failing to look or see another motorist when you should have, or other actions or inactions.

You may believe you were at fault based on your own experience in the accident because of information in the police report or because you do not remember exactly what happened. The insurance company may state you were at fault based on another party’s witness statement. It is always advisable to not speculate on fault or admit fault when you contact the insurance company to report the accident. Do not provide a recorded statement to the adjuster, and ideally, contact a lawyer as soon as possible once you have gotten medical attention.

Even if you were at fault, you may still be able to seek and recover compensation. Prior to 1980, if you were partially at fault for a car accident in Ohio you could not recover compensation. But in 1980, Ohio passed a “comparative negligence” law, allowing individuals to recover compensation for injuries, as long as they are not more than 50% at fault. If you’re involved in an accident and are up to 50% at fault, you can file a claim for your medical expenses, lost earnings, and pain and suffering.

Your share of fault in a collision may be decided by the insurance company, but this assessment isn’t necessarily final. Your personal injury lawyer can advocate for your degree of fault and may also take your case to trial, to be decided by a judge or a jury.

If you’ve been injured in a car accident and are unsure if you caused the collision for any reason, including being distracted, don’t self-dismiss your case and assume you have no rights. Talk to an experienced and reputable personal injury lawyer. At GB Law, we have represented numerous individuals in personal injury or wrongful death claims involving partial fault and comparative negligence. We will review your case for free, answer your questions, and provide an experienced-based opinion of the value of your case. Call us today at 614-810-8806.

The Workers’ Compensation System Is Difficult To Navigate

Many injured workers hope that they can handle their workers comp claims on their own. However, complications can arise immediately which prevent an injured worker from getting compensation and their medical bills paid. During the time taken off work due to the injury, most injured workers are entitled to wage replacement benefits. This benefit is calculated by examining the wages the injured worker earned prior to the injury. In some instances, it is possible that the Bureau of Workers’ Compensation or the self-insured Employer may have gathered those wages incorrectly, and thus the payment that you receive as wage replacement may not be accurate.

Another complication can arise when the injured worker’s claim is only allowed for a simple sprain or bruise, when really there are much more significant injuries that occurred as a result of the accident, such as a muscle tear or fracture. This can result in surgery or other treatment getting denied, which significantly delays recovery. An attorney can help to resolve these issues, whether it be by communicating with your former and current employers to obtain appropriate wage information or discussing your case with your doctors to make certain that you have the best chance of success of getting all appropriate conditions added to your claim.

While it seems tempting to try to navigate the murky waters of workers’ compensation on your own, it is highly likely that an obstacle will be met at some point during the life of your claim. A workers’ compensation attorney can help you overcome whatever that obstacle may be.

You May Be Entitled To Additional Benefits

Under workers’ compensation laws in Ohio, there are a variety of benefits available to workers after they have been hurt on the job. Unfortunately, when navigating the system on your own, these benefits are not always readily offered by the Bureau of Workers’ Compensation or the self-insured Employer. An experienced workers’ compensation attorney can ensure that you receive every benefit that can be afforded to you. For instance, if an injured worker returns to work but must operate at reduced hours due to his or her injury, working wage loss compensation might be available to that worker.

Another example is in the form of a permanent partial disability award, which compensates the injured worker for permanent damage sustained from the injury. In a perfect world, these benefits would be paid automatically under the given circumstances. Unfortunately, that is not always the case, and the injured worker suffers financially because of it. Retaining an attorney will guarantee that you are informed of any and all compensation that is owed to you.  

You Need To Focus On You

Having a workers’ compensation attorney allows you to focus on your recovery and making a successful return to work. After filing a claim for an industrial injury, workers are often met with a mountain of paperwork to review and complete, such as medical authorizations, applications for payment, requests for treatment, etc. The goal of the injured worker at this time should be getting better—not navigating a complicated bureaucracy. A workers’ compensation attorney can relieve the burden of facing the system on your own, and help you understand every step of your claim. This in turn will afford you the opportunity to do what is most important—get better!

Issues In Your Claim May Be Disputed

More likely than not, there will be issues in a workers’ compensation claim that are contested, such as a doctor’s request for the worker to undergo treatment, a new condition that should be added to the claim, or even authorization of the claim in its entirety. In cases such as these, the contested issue will typically be scheduled for a hearing with the Industrial Commission, and an impartial hearing officer will resolve the matter. It is imperative that you obtain representation before attending this proceeding. Not only will the employer be represented by either a third-party administrator or even their own attorney, but the hearing officers themselves are attorneys. Attending a hearing can be daunting on its own, and to go into this matter without representation is ill-advised. A workers’ compensation attorney can ensure that all necessary evidence is on file before attending the hearing, will protect your rights during the hearing itself, and maximize your chance of success.

Maximize The Value Of Your Claim During Settlement Negotiations

In certain cases, an injured worker may consider settlement of his or her claim. Full and final settlement of a workers’ compensation claim is an agreement that the injured worker will give up all of his or her rights to future benefits and treatment in exchange for one lump sum of money. There is also the possibility of an indemnity-only settlement, wherein an injured worker retains the ability to seek medical treatment but settles the monetary portion of the claim. Settlement comes with a variety of considerations for the worker, and, with the assistance of an attorney, you can fully understand each and every one of those considerations.

Oftentimes, an injured worker may not know the true value of his or her claim, and an attorney is necessary to fully realize the worth of case. A settlement amount depends on the types of benefits a worker may be receiving, the possibility of future care and compensation, and the severity of the injuries (among many other factors!). Be careful not to settle your claim for less than it is worth!