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How Traffic Cameras and Witnesses Can Support Your Pedestrian Injury Case Getting hit by a car as a pedestrian may leave you with serious injuries that can be life-altering. Following an accident like this, proving liability may be crucial in obtaining compensation. Traffic cameras and eyewitnesses can significantly support your pedestrian injury case, corroborating your account of the incident and strengthening your claim. These two sources may help by giving an impartial account of the incident and potentially identifying who was at fault. Traffic Cameras in Pedestrian Accidents Traffic cameras are commonplace and easily found at major intersections, busy roads, and urban and suburban areas. These cameras can record traffic incidents and may be able to capture footage of the entire event. In cases involving pedestrian injuries, traffic camera footage could provide impartial evidence to support your account of the incident. The footage could capture important details such as a driver speeding, running a red light, or even failing to yield. It offers a visual account of the incident that you could use to counter the driver’s claim. Even if the camera does not capture the entire incident, the footage could still potentially show the vehicle’s behavior before the incident. After an accident, it is crucial to quickly find and collect evidence from traffic cameras. Some municipalities only keep footage for a small amount of time. Our team of legal professionals may be able to ask the municipality to secure the footage and submit it as evidence for your case. Witness Testimony Eyewitnesses may also prove beneficial in supporting your pedestrian injury case. Having a third-party account of the incident may clarify details of the case, giving an impartial account of what the pedestrian and driver were both doing at the time of the incident. Witnesses could include any pedestrians, drivers, or workers present at the time of the incident. Witness statements are sometimes more extensive than the accounts of the pedestrian or driver. The witness may name other factors contributing to the accident, such as road hazards, the environment, lighting, visibility, or traffic signals. Witness statements may support your version of the story and better aid your claim. Our attorneys could speak with witnesses on your behalf and collect written or recorded statements for use in negotiations or court. Contact Bordas & Bordas For Help With Your Pedestrian Injury Case Being able to provide evidence that is consistent and clarifies the events contributing to your pedestrian injury case may greatly affect the outcome. Video from traffic cameras or witness testimony supporting your pedestrian accident case may help settle disputes that arise based on your and the driver’s differing accounts. If you or a loved one is injured in a pedestrian accident, the legal help of our experienced attorneys may be crucial to finding and securing vital pieces of evidence for your claim. Contact our team at Bordas & Bordas today to learn how we can assist you in your pedestrian injury case.

Out-Of-State Car Accidents: What To Do If You Are Injured Road trips and traveling across the states is fun for everyone involved, but unexpected accidents may cause confusion and stress—particularly if someone gets injured. By ensuring you know what to do after an accident, even one that occurs out of state, you can protect yourself and potentially make the legal process easier should you decide to pursue a claim. Call First Responders & Gather Evidence Regardless of where your accident occurs, ensuring everyone at the scene is safe takes precedence. Take a moment to check everyone for injuries and call for emergency help if needed. Some injuries may seem minor at first glance, so it is wise to follow up with a medical professional, as concussions and other soft tissue injuries may not show up immediately. If you can, spend some time collecting evidence of the scene, as this may help you with a future claim. Pictures of the damage to the vehicles, nearby road signs, road conditions, weather, and injuries may be useful later. Take a moment to exchange contact and insurance information with any other drivers involved in the crash, and identify any eyewitnesses and get their contact information. Requesting a physical copy of the police report of the accident—or at least knowing where to get it—may also help your case in the future. Insurance Coverage & Jurisdiction When you are in an accident outside your home state, the laws of the state where the crash happened take precedence. This could potentially impact how fault is determined, the potential compensation for damages, and the statute of limitations on when you can file a case. Some examples of what could differ depending on the state include: Comparative fault laws may reduce damages based on your share of fault No-fault insurance systems may restrict you from suing unless your injuries meet certain requirements Minimum insurance coverage requirements may alter the amount of compensation you can obtain Statutes of limitations for filing may vary Many auto-insurance policies give national coverage to policyholders. Different state laws may impact your policy in unexpected ways, so it could be beneficial to consult with an attorney to familiarize yourself with any difficulties you may encounter. Medical & Travel Expenses If you are injured out of state, certain expenses could pile up, such as follow-up care, transportation, hospital stays, or more. Depending on the nature of your injury, going back to work or even handling daily tasks may be more difficult. If this is the case, you could file a personal injury claim if you have the right documentation. Keeping medical records, bills, travel receipts, and any copies of conversations with your insurer may help provide further details for your case. Speak With a Bordas & Bordas Attorney About Your Out-of-State Accident If you find yourself injured due to a car accident outside of your home state, it is not unusual to feel far from home. Knowing what to do after the crash, and being aware of how a state’s laws could impact your situation, could increase your chances of a successful claim. At Bordas & Bordas, our seasoned team of attorneys has experience dealing with out-of-state accident claims and can help you through the process. Call our office today to discuss your legal rights and options during a free consultation.

Nursing Home Abuse: Hold Responsible Parties Accountable for Injured Residents When you place someone in a nursing home, you expect them to receive adequate care and respect. Unfortunately, nursing home abuse is a serious issue across the United States, and injured residents often suffer in silence. If you suspect that your loved one has suffered abuse, you can hold the responsible parties legally accountable. Our nursing home abuse attorneys at Bordas & Bordas could help you understand your legal rights and fight for justice on your behalf. Signs of Abuse Nursing home abuse of vulnerable residents can take many forms, such as emotional, physical, financial, and neglect.  Abuse can result in bruises, weight loss, and other unexplained injuries. Emotional changes, such as fearfulness or withdrawal, may also be indications of abuse and mistreatment. Signs of neglect may include malnutrition, poor hygiene, or missed medications. Possible reasons for the abuse are staff shortages, lack of proper training, or negligence, all of which can create a dangerous environment for the residents. It is not always easy to recognize nursing home abuse, but you know your loved ones better than anyone else. If you notice changes in your loved one’s health or behavior, it is your right to demand answers. When you take action, you can hold the responsible parties accountable and stop the abuse before it gets worse. Legal Protection You and your loved ones have legal protections against nursing home abuse and neglect. Nursing home residents are protected by both federal and state laws and are legally entitled to live in a safe environment. When someone violates those rights, they must be held legally accountable. Whether this includes health care staff or administrators, residents have the legal right to seek justice for their injuries. Documenting injuries, medical records, and staff interactions provides crucial evidence that can be used to support your nursing home abuse claim. We can use this evidence to assess your situation and pursue compensation accordingly. Taking Action Against Negligent Facilities An apology from the responsible party or a promise to change is not enough. If abuse has occurred, you have the legal right to pursue a claim. Filing a lawsuit sends a clear message of your intention to hold abusive parties accountable for their actions and can also help prevent future harm to other vulnerable nursing home residents. The situation can be emotional and overwhelming, which is why you should have guidance from legal professionals who are experienced in dealing with negligent facilities and not afraid to fight for your rights. Call a Nursing Home Abuse Lawyer To Hold Perpetrators Accountable Your loved ones deserve to live in a safe environment. If they have suffered harm due to nursing home abuse, do not stay silent. We can help you hold responsible parties accountable for injuring residents. We will stand by your side and gather crucial evidence to support your claim. Schedule a free consultation today and let us start to fight for the compensation and justice that you deserve.

The Complexities of Multi-Car Accidents The complexities of multi-car accidents, also known as chain-reaction crashes or pileups, leave many drivers confused, injured, and uncertain about who is at fault. In contrast to two-vehicle collisions, these accidents involve numerous factors that must be carefully evaluated to determine what exactly occurred. Common Causes of Multi-Car Accidents Multi-car accidents typically occur on congested highways, in construction zones with limited stopping distances, and during inclement weather. In these scenarios, the need to suddenly stop may result in a collision that causes a chain reaction. Various factors could complicate the crash, such as: Speeding Distracted driving Not maintaining a safe following distance The driver who made the initial impact may not be the only individual who is liable. Other drivers may be partially liable if they reacted improperly to the crash, drove aggressively, or broke traffic laws. The complexity of these factors requires an investigation to assess who is responsible for a multi-car collision. Who Is at Fault in Multi-Car Accidents? Police reports, witness statements, closed-circuit television footage, and physical evidence taken from the scene of the accident may help assign fault. In addition to a police investigation, insurance companies may conduct their own evaluations, and in certain cases, accident reconstruction experts could investigate the scene. More than one driver could be responsible for a pileup. Many states follow comparative negligence laws, allowing fault to be divided among multiple drivers. However, some states follow contributory negligence laws, where being slightly at fault may prevent a driver from receiving any compensation. Due to the difference in such laws, it is advisable that legal counsel handle each case. The Challenges of Multi-Car Accident Cases Claims for multi-car accidents are often delayed or denied outright due to disagreements between insurance companies. Drivers frequently attempt to shift blame to others, especially if severe injuries or costly property damage are involved. Furthermore, some drivers may be underinsured or uninsured, making recovery more difficult. Another common challenge is that the harm suffered in a multi-car accident may not be immediately apparent. The effects of an injury may be delayed, and having an incomplete medical history could make connecting an injury to an accident more difficult. As such, it is essential to have significant documentation, including medical records, images of the scene, and witness statements. Information that could support your account of the chain-reaction crash may help resolve any disputes over fault. Legal Advice Could Help Victims of Multi-Car Accidents If you are injured due to a multi-car accident and are wondering about liability, speaking to an experienced attorney may help provide clarity. In the aftermath of an accident, it may be daunting to establish liability, communicate with different insurance companies, and secure fair compensation. Bordas & Bordas Could Help You Navigate the Legal Complexities of a Multi-Car Accident Our team could help you navigate the complexities arising from a multi-car accident and help determine who is at fault to obtain the compensation you may deserve. Start the process today with a free initial consultation.

Ohio Spoliation of Evidence Law In many cases and incidents, evidence gets lost, some innocently, some not. For example, the recording of a black box can be recorded over, as can security camera video that records an incident. The first example is more likely to be intentional; the second could be, but may not as well. The security camera recording of a fall on the property’s premises may be intentionally neglected. However, the security camera recording an event on the owner’s property may be recorded over innocently, if the tape is not timely recovered. This article will identify the standard of proof for the various types of lost evidence and the rights attainable under the same. In Ohio, there are two applicable concepts that are tied to spoliation of evidence. First, there is the intentional spoliation of evidence. Ohio is one of the few jurisdictions that allows for an independent tort claim for intentional spoliation of evidence. Elliott-Thomas v. Smith, 110 N.E.3d 1231, 1233 (Ohio 2018). Ohio law permits claims for intentional spoliation but precludes claims for negligent spoliation. Smith v. Howard Johnson Co., 615 N.E.2d 1037, 1038 (1993). In order to bring an intentional spoliation claim, a party must establish “(1) pending or probable litigation involving the plaintiff, (2) knowledge on the part of defendant that litigation exists or is probable, (3) willful destruction of evidence by defendant designed to disrupt the plaintiff’s case, (4) disruption of plaintiff’s case, and (5) damages proximately caused by the defendant’s acts.” Smith, 615 N.E.2d at 1038. Furthermore, “a plaintiff is under a duty to preserve evidence that it knows or reasonably should know is relevant to the action.” C4 Polymers, Inc. v. Huntington Natl. Bank, 41 N.E.3d 788, 803 (Ohio 2015). A defendant claiming evidence was spoiled by plaintiff must establish: “(1) that the evidence is relevant, (2) that the plaintiff’s expert had an opportunity to examine the unaltered evidence; and (3) that, even though the plaintiff was contemplating litigation against the defendant, the evidence was intentionally or negligently destroyed or altered without providing an opportunity for inspection by the defense.” C4 Polymers, Inc., 41 N.E.3d at 803. In order to prove the client engaged in spoliation of evidence, the defendant would have to establish the three elements outlined in C4 Polymers, Inc. Based on the facts and circumstances surrounding the incident, it would be difficult for the defendant to establish elements two and three. Additionally, Ohio also follows the missing evidence doctrine. “Under Ohio law, ‘the concept of negative, or adverse, inference arises where a party who has control of the evidence in question fails, without satisfactory explanation, to provide the evidence.’ (citation omitted). ‘Ohio courts normally would require a strong showing of malfeasance -- or at least gross neglect -- before approving such a charge.’” O’Brien v. Ed Donnelly Enterprises, Inc., No. 2:04-CV-85, 2006 WL 2583327, at *4 (S.D. Ohio Sept. 5, 2006), objections overruled, No. 2:04 CV 85, 2007 WL 81843 (S.D. Ohio Jan. 8, 2007) (Quoting, Brokamp v. Mercy Hosp. Anderson, 726 N.E.2d 594, 608-09 (1999) (citing Veranardakis v. Thriftway Inc., 1997 Ohio App. LEXIS 1818 (May 7, 1997). Under this theory, Ohio courts will allow an adverse inference to arise when a party in control of evidence fails to provide the particular evidence without a sufficient explanation as to why the evidence is missing. Again, the defendant will have a difficult time proving the client’s actions rose to a level of malfeasance. Given the injuries sustained, it is reasonable that the client did not immediately go to the hospital and attempted to alleviate the pain through a different outlet. Although defendants may argue the client was negligent in not immediately going to the hospital, it will be difficult to establish the client was malicious or grossly negligent. CONCLUSION In sum, Ohio law provides an independent tort claim for intentional spoliation of evidence as well as a missing evidence doctrine that controls the absence of evidence.

As I meet more and more people in the course of my campaign, I am frequently asked about why I am doing this. Folks see the time and effort my supporters and I are putting into this race, and they naturally wonder what it is about being a Circuit Judge that would make me so determined to reach that position.  I spent a good deal of time thinking about that question when people first started asking me to run clear back in 2011, and I continue thinking about it now.  The answers are always the same. The simplest answer has to do with the way I was raised.  My parents always emphasized the need to do my absolute best at any task I started.  In last week’s column, I mentioned that one of Dad’s favorite sayings was “any job worth doing is worth doing right”.  Dad’s grammar may not have been the best, but the message he drilled into me was born of the tremendous work ethic he was taught by his father.  He taught me to strive for the highest level in anything I did, and that is what I have done throughout my 35 years as a lawyer.  It takes many, many years in the practice of law to gain the experience necessary to be a fair and effective judge.  After three decades during which I served as chief counsel in more than 50 jury trials, I have finally gained the necessary experience.  It’s only natural that I now seek to move into the highest level of my profession. I have to confess that the other answer to the “why am I doing this” question is a bit more selfish.  OK, maybe it’s a lot more selfish.  If there is one thing I have learned in my 35 years of practice, it is that nothing is as personally and professionally satisfying as helping to change someone’s life for the better.  I’m not talking here about the cases most lawyers see every day; I’m referring to the cases where our work has actually, significantly changed someone’s life.  Let me give two examples. Several years ago, I was prosecuting a case of alleged child abuse and neglect.  The neglected child was a little blonde-haired, blue-eyed boy of around 6 years old.  All you had to do was look into that little fella’s eyes, and you could see the potential in him.  He was a bright little boy, but Mom rarely took him to school.  He was full of life, but years of experience told me that he had no chance where he was.  With a lot of time, effort, and commitment from everyone involved, and with a judge who truly understood the importance of these cases, we were able to get that little boy placed in a good home where he was eventually adopted.  I will never forget the status hearing we had after the little guy was placed in a loving home shortly before Christmas.  The hearing was over, and as he was leaving the Courtroom, the youngster turned, and with a beaming smile, shouted, “Merry Christmas, everybody!”  There wasn’t a dry eye in the courtroom. The other case involved a sexual predator who preyed on young girls who were near his family, generally step-children or nieces.  He would begin abusing them when they were 4 or 5 years old, and would continue until they were 12 or 13 and old enough to understand the perversion they were being subjected to.  The case began when one victim came forward, who led law enforcement to another, and then another.  The victims were adults by then, in their late 20s and early 30s, each of whom had continued to live in fear of the day when they would again come face to face with their abuser.  I prosecuted and convicted the pedophile, and I will never forget the looks on their faces as they sat in the courtroom, holding hands, as their abuser finally faced justice.  After the judge handed down what amounted to a life sentence, we all hugged and we all cried. So, what is consistent about those cases?  It’s making a difference.  It’s changing a person’s life.  The young boy is now a happy child, making straight A’s in a home where he is loved.  The women who were victimized as children are married, some with children of their own, able to live without looking over their shoulders.  You see, nothing is as satisfying as making a real difference in someone’s life.  Lawyers see such cases a few times in a career.  A judge gets to work with them every week.  More than anything else, that is why I want to be a judge.  I want to make a difference.

A civil lawsuit generally has a time limitation in which the injured party must file a lawsuit by or they will forever waive their rights to file a claim. So, what can you do if you file a claim in time but realize after the statute of limitations that you failed to include all the claims you wanted in front of the court? Have you waived your right to make these claims, or is there a possibility to include these claims after the statute of limitations? If the claims are evolving from the same occurrence and/or are simply amplifying the existing claims, you will likely be able to amend your Complaint to include the omitted allegations. This article identifies the law that will support an amended of the Complaint under these circumstances in a Federal Court. Standard of Law The Plaintiff’s Amended Complaint: Amendments Before Trial. Amending as a Matter of Course. A party may amend its pleading once as a     matter of course within: 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires. (emphasis added). The Rule further reads: Relation Back of Amendments. When an Amendment Relates Back. An amendment to a pleading relates back to the date of the original pleading when: the law that provides the applicable statute of limitations allows relation back; the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading; or (emphasis added) Pursuant to Fed. Civ. R. 15(a)(2), “The court should freely give leave when justice so requires.” See, e.g., Coe v. Bell, 161 F.3d 320, 341 (6 th Cir. 1988).  The rule is part of a “liberal policy of permitting amendments to ensure the determination of claims on the merits.” Marks v. Shell Oil Co., 830 F.2d 68, 69 (6 th Cir.1987). The Court in Marks held: Under the Federal Rules, a party amending a pleading after a responsive pleading has been served “may amend his pleading only by leave of court ... and leave shall be freely given when justice so requires.” See Fed.R.Civ.P. 15(a). A court's refusal to grant leave to amend is reviewable under the “abuse of discretion” standard. Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330-332, 91 S.Ct. 795, 802-803, 28 L.Ed.2d 77 (1971); Tefft v. Seward, 689 F. 2d 637 ( 6th Cir.1982). Estes v. Kentucky Utilities Co., 636 F. 2d 1131 ( 6th Cir.1980). 2 Though the decision to grant leave to amend is committed to the trial court's discretion, that discretion is limited by Fed.R.Civ.P. 15(a) 's liberal policy of permitting amendments to ensure the determination of claims on their merits. See Espey v. Wainwright, 734 F. 2d 748 (11th Cir.1984).Id at 69 Amendment of a Complaint after the Statute of Limitations The Courts and the applicable law has long held that if the allegations of the amended claim relates back to the occurrence stated in the initial complaint, as it does here, the allegations will not be barred by the statute of limitations.  Watkins & Son Pet Supplies v. Iams Co., 107 F.Supp.2d 883, 897 (S.D. Ohio 1999); Boerkoel v. Hayes Mfg. Corp. 76 F.Supp. 771, 776 (S.D. Mich. 1948); Hall v. Spencer County, Ky., 583 F.3d 930, 933-934 (6th Cir.2009); and Fed R Civ. P 15(a) (2) and (c). Further, when the Plaintiffs do not seek to state a new cause of action or add a new party; rather, they seek to amend their Complaint to “merely explain, expand or amplify” the existing claims for the occurrence, the motor vehicle incident, it is a permissible amendment. Watkins & Son Pet Supplies v. Iams Co., 107 F.Supp.2d 883,897 (S.D. Ohio 1999); Boerkoel v. Hayes Mfg. Corp. 76 F.Supp. 771, 776 (S.D. Mich. 1948); Hall v. Spencer County, Ky., 583 F.3d 930, 933-934 (6th Cir.2009); and Fed R Civ. P 15(a) (2) and (c). If the Plaintiff seeks to include a claim for punitive damages or other damages, it is not a considered a new cause of action. Regardless, when it and the other allegations in the amended complaint “relate back” to the same occurrence, they are permissible amendments. Payne v. A.O. Smith Corp., 578 F.Supp. 733 (S.D. Ohio 1983); Cohen v. Bucey, 158 Ohio St. 159, 168 (1952); Watkins & Son Pet Supplies v. Iams Co., 107 F.Supp.2d 883, 897 (S.D. Ohio 1999); Hall v. Spencer County, Ky., 583 F.3d 930, 933-934 (6th Cir.2009); and Fed R Civ. P 15(a) (2) and (c). Even a new legal theory after the statute of limitations in an amended complaint that is “substantially more sophisticated than the original complaint” is proper if it evolves from the same occurrence. Hall v. Spencer County, Ky., 583 F.3d 930, 934 (6th Cir.2009). In considering whether to allow an amendment, the Court may consider any undue delay, lack of notice, bad faith by the moving party, repeated failure to cure deficiencies by previous amendments, undue prejudice to the opposing party, and futility of amendments. Coe, 161 F. 3d at 341.  If these factors are not present, leave to amend should be “freely given.” Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227, 9. L. Ed. 2d 222 (1962). Arguments that the lack of bad faith, undue prejudice, and undue delay do not exist could include the following reasons: The deadline for filing motions to amending the pleadings has NOT passed; The Complaint was filed only short period before; The new counsel for Plaintiff has only been involved in the matter since last month; Defendants have complete access and knowledge of their conduct in this matter, but Plaintiffs have very limited personal knowledge of the respective Defendants conduct in the matter; Little if any discovery was performed to date; The case deadlines for Discovery Deadlines and Expert Disclosures has not passed. The amendment will “merely explain, expand or amplify” the existing claims for the occurrence, the motor vehicle incident; and The amendment will include a claim for punitive damages or other damages; CONCLUSION: Accordingly, under the above law and with the identified factors, a Court is likely to grant a Motion to Amend A Complaint, even after the passing of the statute of limitations

Lawyers and judges often refer to “dispositive” motions. Scheduling orders, which are issued in every civil case, almost always set a deadline for any dispositive motions to be filed. But what exactly is a dispositive motion?nnIt’s not really as mysterious as it sounds. A dispositive motion is meant to dispose of the case. In other words, it asks the court for a ruling that addresses the legal issues and terminates the case in advance of the trial.nnGenerally speaking, there are two kinds of dispositive motions:n Motion to Dismiss nThe first kind of dispositive motion is known as a motion to dismiss. These motions are usually filed early in the case and are a way of testing the sufficiently of the pleadings. They are not meant to look into the facts of the case—just the allegations. Basically, a motion to dismiss asks a question: If you accept as true everything the other party says, has he alleged enough to state a valid claim under our state’s law? If the answer is yes, the judge will deny the motion and the case will proceed. If the answer is no, the judge will enter an order explaining his reasoning and dismissing the case.n Summary Judgment Motion nThe second kind of dispositive motion is known as a summary judgment motion. Unlike a motion to dismiss, a summary judgment motion is specifically designed to look into the facts. Importantly, however, the summary judgment process is not a substitute for jury trials. Juries are a vital part of our system of justice, and the right to a jury trial is actually protected by the Seventh Amendment. The point of a summary judgment motion is to see if there are disputed issues of fact that require a jury in the first place. If A says the light was green, and B says the light was red, the judge will deny summary judgment and let the jury decide the issue. Even if A has given contradictory statements, or is a friend of one of the parties, or has a prior conviction for false swearing, these are all issues of credibility that a judge cannot decide. Instead, the judge will deny summary judgment and let the case go to the jury—which will then hear all of the evidence for itself, weigh it, and reach its own verdict.

As your case progresses, it will likely reach a point where your attorneys will discuss the possibility of entering settlement negotiations or participating in a mediation to try and settle the case before it goes to trial. Most courts require some type of mediation to occur in the case at some point before trial, but settlement negotiations can occur at any point in time in your case, including before the case is filed. Your attorney may take different approaches to the settlement negotiations depending on the stage of the case when those negotiations occur, but an element of settlement negotiations that is becoming more frequently used is the creation of a “settlement video.”nnA settlement video serves a purpose similar to a written demand or mediation statement. It educates the other side and the mediator if one is involved in the negotiations, about the case. Whereas written demand letters or mediation statements set forth the evidence in your case, including the evidence establishing the defendant’s liability and misconduct, evidence about your injuries and damages, and an introduction to you and how the situation gave rise to your injuries and a lawsuit have affected your life, a settlement video can help bring those things to life and give the other side in your case a better idea of the case and how you would present it to a jury at trial.nnSettlement videos typically include interviews with the plaintiff and his or her family members and friends. This allows the defendant to get to know the plaintiff better and to learn about who the plaintiff is as a person and how his injuries have affected him, both physically and emotionally. The defendant will be able to see video footage of the plaintiff’s day-to-day life as a result of the injuries, including things like how the plaintiff now walks with a limp, cannot lift his arms to get a cup out of the cupboard, or cannot dress anymore without assistance. The videos will show the emotions that the plaintiff and his family members experience in talking about what happened and how this has affected their lives. If the case involves someone who has died, family members can share photographs and memories about their loved one and really express the toll that the loss has taken on the family and how much their loved one is missed.nnSettlement videos can also help illustrate the injuries that a plaintiff sustained. Animations can show the force of a vehicle collision, and how it caused the plaintiff’s head and neck to move forward and backward, and can highlight the specific part of the neck and spine that were injured as a result of those movements. Illustrations can zoom in on the body parts that were injured, and pictures of broken bones, scars, burns, or other physical injuries can all be included to show the extent of the injuries and physical damages.nnExcerpts of depositions taken in the case, particularly of the defendant or defendant’s witnesses, can be included to highlight the ways in which the defendant was acting unsafely or was unaware of applicable rules and regulations and how they failed to follow those rules. It can be compelling for the defendant to view actual testimony that is harmful to them, the same way that a jury would hear that testimony, and to see the demeanor of the person giving that testimony. Expert witness interviews or depositions also help illustrate how persuasive testimony would be given at trial that establishes the defendant’s liability or the plaintiff’s damages and can be more effective than simply reading about that expert’s opinion.nnAll in all, a settlement video can be an effective way of presenting the strengths of your case and can be a persuasive tool in making clear to defendants just how valuable the case is, and can give some insight into how jurors would hear and view the case if it were presented at trial. While there are several considerations that go into whether a case is a good fit for a settlement video, including the available evidence, the timeframe to create the video, and the cost involved in creating the video, settlement videos can be a useful negotiation tool in many different types of cases.

I’m so excited for fall. It brings many of my favorite things with it: football, Thanksgiving, and hockey.nnBut my favorite fall thing is Halloween. I love it, all the decorations, all the spooky stuff like haunted houses, haunted hayrides, pumpkins, and fresh apple cider.nnI have more Halloween decorations than Christmas decorations. I love to set up our yard with skeletons, witches, scarecrows, and lights, along with fall decorations we leave up for Thanksgiving, “our forgotten holiday.”nnLast year, I came home one evening from work. My husband had bought a 12-foot scary clown and had it in our two-story dining room. It scared me half to death, not because it was scary looking, but because it was a clown. I’m not a big fan of clowns and he knows that. (He’s a jokester.)nnI’ve had friends who are clowns, and they don’t bother me dressed because I know who’s behind the make-up. I had an unbelievably bad experience as a child with a clown, though, that I’ve never forgotten.nnI love fall and Halloween so much people have asked if I was born in October. When I say no, that I was born in July, they say you should love summer. I do love summer and all the other seasons, but, sorry folks, fall is my favorite time of year. Fall brings bonfires, sweatshirts, and cooler nights to sleep with the windows open and no more air conditioners running. We can hear all the sounds of the night creatures, big and small, late at night in the woods behind our home.nnThe only fall thing I’m not of fan of is pumpkin-spiced items. Don’t judge me on that; I love the smell, but I don’t like the flavor. Weird, I know, but it is what it is.nnOne young couple’s children ask every year when we are putting up the skeletons! This makes me more excited to know the children like the yard, and I look forward to seeing the skeletons on the old tractor my husband placed in our yard. Living out in the country has its advantages, like a tractor sitting in your yard. (It really is a conversation piece.)nnThe skeleton driver of the tractor changes from Halloween clothes to Thanksgiving/fall clothing, then to Santa Skeleton for Christmas. When the New Year comes, he goes back to his home in our attic.nnSo, in September, when I start putting up Halloween and fall decorations, don’t be judgmental!  Fall is the most wonderful time of the year for me, and I know there are many others out there waiting to decorate.nnHappy fall, y’all.

Employees often mistakenly believe that they have been wrongfully discharged by their employer when they have been fired as a result of conduct by the employer that is perceived as unfair or otherwise wrong.  However, in Pennsylvania the employment relationship is typically “at-will.”  In the absence of a written employment contract, employers are free to discharge employees or change the terms of the employment relationship for any reason or no reason.  At the same time, employees are free to leave their employment at any time for any reason.  As long as the discharge does not violate some common-law or statutory prohibition (such as illegal discrimination in violation of any number of anti-discrimination laws) employers are free to fire at will.nnWrongful discharge in Pennsylvania is a common law claim that only applies when an employer fires an employee in violation of a clear mandate of public policy.  For example, in Shick v. Shirey, 716 A.2d 1231 (Pa. 1998), the Pennsylvania Supreme Court recognized a cause of action for wrongful discharge when an employee is fired for filing a workers’ compensation claim.  Other public policy exceptions to the at-will employment rule include termination for filing an unemployment compensation claim, refusal to submit to a polygraph test, serving on a jury, performance of a statutory duty like reporting violations involving nuclear materials and making mandatory reports of suspected abuse or neglect.nnIn the case of Carlini v. Glenn O. Hawbaker, Inc., 219 A.3d 629 (Pa. Super. 2019), the plaintiff filed suit claiming she was fired for filing a workers’ compensation claim.  The jury returned a large verdict in the plaintiff’s favor finding that the employer wrongfully discharged the employee in violation of public policy.  The Pennsylvania Superior Court held that an employee who establishes a wrongful discharge claim may recover non-economic damages.  Non-economic damages are those actual damages endured by the employee in the form of mental anguish, humiliation, damage to reputation, inconvenience, and emotional distress.nnA successful plaintiff in a wrongful discharge case may also recover economic losses in the form of lost wages, benefits, and seniority.  Punitive damages may also be awarded by a jury if the employer’s actions were undertaken in willful or reckless disregard for the employee’s legal rights.  Punitive damages are awarded to punish the employer for violating the law and to send a message to other employers that illegal conduct will not be tolerated.nnIf you believe you have been wrongfully terminated in violation of the law call the attorneys at Bordas and Bordas for a free evaluation of your case.

Many people are familiar with the term “power of attorney,” but understanding what that means can be a little more complicated. “Power of attorney” is often encountered in dealing with a loved one’s medical treatment when that person may not be able to make decisions for him or herself, but it goes beyond that.nnA power of attorney is a legal document that appoints someone to handle your medical, legal, and other decisions on your behalf. There is more than one type of power of attorney, and it is important to understand the type of power of attorney that is at issue because that will affect the scope of the authority that the appointed person or agent, sometimes referred to as “attorney-in-fact,” has. It will also affect the point at which the authority granted to the agent ends.nnA general power of attorney grants the agent broad decision-making power. This could include managing finances for someone who is incapable of doing so for themselves, making decisions about sales and purchases of property for someone else, or any number of other decisions that would be involved in generally managing a person’s affairs. Documents creating a general power of attorney may say something to the effect of “I grant this person the authority to do anything on my behalf that I could legally do through an attorney-in-fact.”nnA special power of attorney is similar to a general power of attorney but limits the agent’s ability to make decisions to a particular area of their affairs or a specific situation. This type of power of attorney could specify that the agent is only responsible for deciding what life insurance policy will be purchased or could specify that the agent can make any decisions involving one’s finances but cannot make any decisions about one’s medical treatment. The document appointing the power of attorney will specify the scope of the authority.nnThe most common recognized power of attorney is probably the medical, or health care, power of attorney. Many people will encounter this phrase and documents that can appoint one as a medical power of attorney when a close friend or family member is hospitalized or in an otherwise serious medical situation. Medical power of attorney allows the agent to make healthcare decisions for a person who is unconscious, mentally incompetent, or otherwise unable to make medical decisions on their own.nnEven more important that these categories of powers of attorneys, however, is understanding how the power of attorney relationship is created and when the relationship ceases to exist. For all powers of attorney, the person appointing the power of attorney must be competent at the time that the document is signed, and the relationship is created. Where the power of attorney is an ordinary power of attorney, the agent’s authority to make whatever types of decisions they have been appointed to make will cease to exist at the time that the person becomes incompetent. Where the power of attorney is a durable power of attorney, the authority will continue to exist even where the individual becomes incompetent or incapacitated. For this reason, most medical powers of attorney are durable, rather than ordinary. The power of attorney document can also specify the point at which the authority ends, such as once a particular transaction is complete or a date certain. In any event, all powers of attorney end at the time that the appointing person dies, and the decision-making authority does not survive the person’s death.nnPowers of attorney can be helpful, or even necessary, in many situations, but it is important to understand what signing a power of attorney entails and the effect that it will have. It is best to contact an attorney to help guide you through the process and to answer any questions that you may have as you make important decisions about granting your authority to have someone act on your behalf.