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ANTHONY J. ALLEN Protecting Your Rights.

Personal Injury Immigration Bankruptcy Foreclosure Defense Intellectual Property Entertainment General Litigation AJAllenLaw.com

Law Offices of Anthony J. Allen AJAllenLaw.com 6445 E. Livingston Avenue Reynoldsburg, Ohio 43068 TO RECEIVE THIS NEWSLETTER ELECTRONICALLY, PLEASE SEND AN EMAIL TO NEWSLETTER@AJALLENLAW.COM.

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Letter Law of the

LAW OFFICES OF

Winter 2012

A Newsletter from the Law Offices of Anthony J. Allen

Know what to do after a car accident Even if you feel that you have not been injured enough to call for medical help, always call the police department to establish that the incident occurred. You have just been struck by anchanged so often in the last several other vehicle. You are dazed and conyears. fused and do not realize how badly A large part of the personal injury you may be injured. practice has become insurance related Whenever you are involved in an issues. The statutes controlling insuraccident, always call 911. This actuance issues in personal injury cases ally accomplishes two goals. The first have changed numerous times in the goal is to get you medical treatment past ten years. The case law from the that may be necessary. The second Courts interpreting these statutes goal is to ensure that the police departchanges the victim’s rights regularly. ment arrives and takes an accident These changes directly impact one’s report. ability to be compensated Even if you feel you are for an injury. The If an insurance not injured enough to call changes also affect those adjuster says that for medical help, always you are obligated to repay you don’t need call the police department to once you receive a settlean attorney, establish that the incident ment or verdict. Please at call an attorney. occurred. least speak with an attorOnce you have deterney before trying to settle mined the extent of your immediate a case without the help of counsel. injuries and receive treatment for The sooner after the accident you them, you may then consider whether speak with an attorney, the more likely you need an attorney to represent you. it will be that evidence critical to your As there are very complicated issues case can be preserved. Preservation of that may arise in a personal injury evidence can increase the value of case, the only way you can make an your case. Therefore it is always wise intelligent decision as to whether you to discuss any personal injury claims need an attorney is to meet with a with an attorney as quickly as possible qualified personal injury attorney. after the incident occurs. The attorney should discuss what When speaking with an attorney, you would need to prove your claims keep in mind that a lawyer cannot bein court. He should discuss with you gin to evaluate a case without considthe various types of insurance coverering all relevant evidence in a case. age that may be available. Therefore if an attorney at your first He should also advise you that there meeting, without reviewing any medimay be amounts that may need to be cal or other evidence, advises you as paid back to your medical providers or to what amount of money you will get your health insurance carrier should as a result of your injuries, you should you recover money from the person at seek other counsel. fault. Tony Allen has handled a myriad of The insurance issues in these cases personal injury matters including autocan become very complicated as the mobile accidents, “slip and fall” and law governing insurance in Ohio has dog bite cases, and the attendant insurance issues that arise. If you have been inProtecting Your Rights. jured, please AJAllenLaw.com 614.751.5993 call our office for a free conThe content contained in this newsletter is meant to be general and informational only and should not be construed as specific legal advice on any matter. If you need legal guidance on a specific matter, please contact an attorney. sultation.

Anthony J. Allen

Have You Been Injured?

Contact Tony Allen Assisting Personal Injury Victims for Over 20 Years (614) 751-5993

Frequently Asked Questions Where is the office located? The law offices of Anthony J. Allen are located in the same building that formerly housed Hallowes, Allen and Haynes. The address is 6445 E. Livingston Avenue, Reynoldsburg, Ohio 43068.

What is the phone number? You can reach Mr. Allen by calling (614) 751-5993

What is the email address? You can reach Mr. Allen directly by sending an email to Tony@AJAllenLaw.com.

What is the website? The website for the Law Offices of Anthony J. Allen is AJAllenLaw.com. The site includes contact information as well as other resources such as current legal news, newsletters, and useful links to outside law-related websites.

In what areas does Mr. Allen practice? Mr. Allen practices in the areas of personal injury, immigration, bankruptcy, foreclosure defense, intellectual property, entertainment law, and general litigation.


How safe are you?

Personal Injury Ohio legislation limits amount juries can award in personal injury, product liability cases In 2005, the Ohio General Assembly passed several “tort reform” measures, the most controversial being the limits on the amount a jury can award in personal injury and product liability cases. Although there is no cap for recovery of out-of-pocket expenses such as medical bills and wage loss, there is a cap on non-economic damages. Under the 2005 rules, a plaintiff cannot recover more than the greater of (1) $250,000 or (2) three times the economic damages up to a maximum of $350,000, or $500,000 per single occurrence for non-economic damages. These limits do not apply to catastrophic injuries, defined as “permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system,” or “permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform lifesustaining activities.” These limits do not apply to medical malpractice cases, wrongful death cases, or cases involving catastrophic injuries (as defined in the statute). It would be unusual for a jury to award noneconomic damages (e.g. pain and suffering) in excess of $250,000 if the injury is not catastrophic. So, in reality, this statute will not affect that many cases. Also, bear in mind, the Ohio Supreme Court, as presently constituted, is a “strict constructionist” court, meaning that the Justices tend to uphold statutes passed by the General Assembly (Congress), unless the statute clearly violates the Ohio Constitution. It seems that the legislature has decided to replace the jury’s decision with its own idea of what a personal injury case is worth and the Ohio Supreme Court has seen fit to take the ultimate decision regarding what an injured person should receive out of the hands of a jury of his peers. Therefore, if the people of Ohio strongly disagree with these tort reform measures, they need to elect different politicians who are more “plaintiff friendly.” If you have been injured and have questions, contact Mr. Allen as soon as possible for a free consultation.

Personal Injury

Foreclosure Defense

Consumer Protection

Protect your identity when using Facebook With over 66 million active users and nearly a quarter million new people signing up every day, Facebook is one of the fastest growing social networking websites in the United States. Unfortunately, many of the characteristics that make Facebook a great social network also open up Facebook users to a variety of identity theft related crimes. NextAdvisor.com has compiled a list of 6 simple tips. The goal of this guide is to help raise awareness of those identity theft risks related to Facebook use as well as provide some steps that Facebook users can take to help protect themselves from being victimized by identity thieves.

Tip #1: Limit the amount of personal information available on your Facebook profile. A recent poll of Facebook users commissioned by NextAdvisor.com found that 27% of respondents listed their full name, date of birth, phone number and email address on their Facebook profile. An additional 8% of respondents included all of that information plus their physical address on their profile. Many Facebook users also list other personal data such as their spouse or significant other's name or birth date. That type of personal information is extremely dangerous in the hands of identity thieves as it can be used to perpetrate various forms of identity theft.

Tip #2: Proactively manage your Facebook privacy settings. Because Facebook is a social networking site it is configured, by default, to make it very easy for other people to find you. For example, Facebook allows users to join networks which are groups of individuals that share a common trait such as having attended the same school or living in a certain metropolitan area. That means that if you join the network for the city you live in every other member of that city-based network will have access to your profile information. This means that potentially hundreds or thousands (or more) strangers could automatically have direct access to your profile. The good news is that Facebook offers users a lot of control over their privacy setting within the "My Privacy" section of the site. This can be reached by clicking on the "Privacy" link in the upper right hand corner of any page on the Facebook website.

Tip #3: Only accept friend requests from people you know. According to another recent Facebook poll commissioned by NextAdvisor.com, 49% of respondents said that they accept some or all friend requests that they receive from people they don't know. What many Facebook users may not realize is that by accepting friend requests from people they don't know they are potentially opening themselves up to identity theft or related crimes.

Tip #4: Limit the amount of "time and place" data that you expose through Facebook. Facebook gives users many opportunities to broadcast their schedule and whereabouts to their network of friends. Whether it is a simple status update or detailed itinerary, criminals can use information about your current or upcoming whereabouts to victimize you in a number of ways.

Tip #5: Remember that even people you know can be identity thieves. Unfortunately, several recent studies show that a significant number of identity theft victims know the person that victimized them. Javelin Research found that a shocking 17% of identity theft crimes are perpetrated by people that the victim knows, such as friends or family members. Additionally, a recent study by the credit bureau Experian found that 55% of identity thefts perpetrated against children were committed by someone the victim knew.

Tip #6: Consider an identity theft protection service. Identity theft, both online and in the real world, remains a growing threat to all Americans. We recommend that all consumers consider using a proactive identity theft protection service to protect their identities. Source: NextAdvisor.com

Intellectual Property

Bankruptcy

Immigration

Bankruptcy & Foreclosure Attorney can help make sense of complicated issues Unfortunately, for a number of reasons, foreclosures have risen over the last year. Some of these foreclosures are on residential properties. Some of these foreclosures are on investment properties. If you file bankruptcy prior to the time of the Sheriff’s Sale, the debt that is still owed after the sale will be discharged in the bankruptcy. Until a few years ago, this was the general scenario. However, in these trying financial times that has changed. A new scenario is that the holder of the note will merely file suit on the note and not try to recover the property. In other words, if you owe $100,000.00 and you have not paid that amount, the creditor will merely sue you for the $100,000.00. If you do not answer within 28 days, the creditor will take a default judgment for $100,000.00. This leaves you in a position where you still own the house and there is a judgment against you. This is pretty beneficial for the bank. First of all they can garnish your wages, they can garnish your bank accounts, they can attach your personal property for their judgment of $100,000.00 and they have no obligation to maintain insurance on a property that is still in your name. Plus you can’t sell the property because there is still a mortgage on the property that the creditor has not released. Sound confusing? It can be. If you are beginning to have difficulty with your mortgage, or if you have been sued in a foreclosure action, seek an attorney who is experienced in collection defense and bankruptcy who may be able to assist you in eliminating debt. Mr. Allen has 20+ years of experience in this area. Contact his office today for a consultation.

Entertainment Law

General Litigation

Letter of the Law - Winter 2012  

Newsletter from the Law Offices of Anthony J. Allen

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