Helpful Tips from the Show - FOX19.com-Cincinnati News, Weather & Sports

Helpful Tips from the Show

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From May 13:

  • For every 1,000 births there are 6 birth injuries.
  • Common conditions that increase the risk of doctor mistakes and birth injuries are: large baby, premature baby, prolonged labor, difficult labor and breech delivery.

From May 6:

  • Movies and tv programs generally show lawyers focused on a single case. In the real world, most lawyers have many cases in progress at any given time.
  • At any given time, the average American is subject to the rules and regulations of several dozen different agencies at the federal, state and local levels, depending upon one's location and behavior.
From April 29:
  • In Kentucky you can only proceed against at-fault drivers in certain cases. The requirement is that you have either $1000 in medical bills, a broken bone or a permanent injury.
  • According to the U.S. Department of Transportation's National Highway Traffic Safety Administration, motorcyclists are 35 times more likely to experience a deadly accident on the road than those in passenger cars.

From April 22:

  • Once an insurance company pays the policy limits, its obligation stops. Generally, the person who caused the accident, injury or damage is liable for the remaining amount.
  • An insurer who delays or refuses to pay a claim without a good reason is violating the obligation to deal with you "in good faith."
From April 15:
  • Chapter 7 bankruptcy is what's known as a complete bankruptcy. This bankruptcy eliminates unsecured debt while retaining personal and household goods.
  • After the bankruptcy has been filed with the courts, all creditors must stop communication with you under bankruptcy protection.

From April 8:

  • In Ohio, payments are made for permanent total disability (PTD) based upon a percentage of your wage and subject to a weekly maximum payment amount. Payments for PTD may continue for life.
  • Work injuries can happen suddenly OR gradually over time. You may file a claim within two years of being injured.

From April 1:

  • Ohio is a decentralized state. Delinquency services are organized at both the state and local level in Ohio.
  • Courts with juvenile jurisdiction may handle a variety of matters, including child abuse and neglect, traffic violations, child support, and adoptions.

From March 25:
  • Motor vehicle accidents are the leading cause of injury-related deaths in the U.S for people ages 1-34.
  • Pain and suffering damages may be awarded for emotional trauma from physical injuries or pain.
From March 18:
  • A DUI conviction in Ohio remains on your record for 6 years, for purposes of calculating repeat offense levels, but certain consequences of refusing BAC tests look back 5 years or even 20 years.
  • Refusal of a properly conducted breath analysis, urine test, or blood test will lead to an automatic license suspension in Ohio.
From March 11:
  • According to the Ohio State Patrol, the second highest cause of car accidents involving fatalities in the state in 2012 related to failure to yield violations.
  • The U.S. Department of Transportation and the Centers for Disease Control and Prevention have said that teenage drivers are four times more likely to be involved in a car accident than more experienced drivers.
From March 4:
  • The 6th Amendment of the United States Constitution guarantees that every person who is financially unable to hire their own attorney must be provided with a competent attorney at the government's expense.
  • Bail is intended to guarantee that you will appear for your future scheduled court dates.
From February 25:
  • The main reasons people go to the ER are stomach pain, cramps or spasms; chest pain and fever.
  • According to the CDC, approximately 40% of Americans go to emergency rooms every year.
From February 18:
  • Medical Malpractice is when a doctor fails to do what a reasonable doctor should do considering the circumstances.
  • According to the Journal of American Medical Association, "Medical malpractice is the third leading cause of death in the United States."
From February 11:

  • Before your divorce, be sure to make copies of all of your financial records.
  • Debts that were obtained in the name of both spouses before a divorce remain the obligations of both parties after a divorce, no matter what a divorce decree says.
From February 4:
  • Tailgating and failing to yield the right of way are two of the most common causes of traffic accidents.
  • Mile for mile, teenagers are involved in three times as many fatal crashes as all other drivers.
From January 28:
  • Most cases are litigated in state courts under state laws. Each year, only about 280,000 civil and criminal cases are heard in federal courts, compared to 27.5 million in state courts.
  • A popular misconception is that cases are always appealed. There must be a legal basis for the appeal—an alleged error in the trial—not just that the losing party didn't like the verdict.
From January 21:
  • Most states have adopted no-fault divorce laws, with grounds including incompatibility and irreconcilable differences.
  • Ohio is an equitable distribution state, so the court will divide marital property equitably between the spouses.
From January 14:
  • A personal injury case is any type of claim where a person has been injured or killed due to someone else's carelessness.
  • In Ohio and Kentucky, you may have as little as one year from the date of your injury to file a lawsuit.
From January 7:
  • The number of uninsured motorists in Ohio has grown to around 16%, which is higher than the national average.
  • According to the Ohio Highway Patrol, the state's uninsured motorists caused more than 8,700 accidents in 2010. Drivers without insurance were at fault 75% of the time.
From December 31:
  • Standardized field sobriety tests are strictly voluntary.  You may politely refuse to perform the tests and ask to speak with an attorney.
  • Refusal of a properly conducted breath analysis, urine test, or blood test will lead to an automatic license suspension in Ohio.
From December 24:
  • Simply being injured while using a product doesn't mean you have a claim. You must prove that the product was defective and the defect caused your injury.
  • A product is considered defective if it was made poorly, sold with flaws or if the manufacturer's information on how to use it is unclear, incomplete or incorrect.
From December 17:
  • In a closed adoption the birth parents and adopting family do not exchange identifying information.
  • Depending on several factors, such as openness to race and disabilities, you have a number of options available for adopting infants or toddlers, including agency adoption, private adoption, identified adoption, inter-country adoption and foster adoption.
From December 10:   
  • Because of the increase in drivers under the influence, travelers should avoid driving during the late night hours of the week between Christmas and New Year's Day.
  • Though technically not holidays – December 22, 23 and 24 all ranked among the five most deadly days of the year in a National Highway Traffic Safety Administration study.
From December 3:
  • The Volunteer Lawyers Project (VLP) provides high quality legal services to low-income citizens in seven southwest Ohio counties:  Brown, Butler, Clermont, Clinton, Hamilton, Highland and Warren.  
  • The federal poverty level threshold is an income of approximately $23,050 a year for a family of four.
From November 26:
  • A property owner is not automatically responsible for injuries on their property.
  • Businesses have a duty to warn customers of unsafe conditions such as wet or slippery floors and have a duty to take reasonable steps to prevent other dangers.
From November 19:
  • Most states have adopted no-fault divorce laws, with grounds including incompatibility and irreconcilable differences.
  • In Ohio, more than 40,000 children are affected by divorced each year.
From November 12:
  • About a quarter of the nation's population-approximately 70 million people-are potentially eligible for VA disability benefits and services because they are veterans, family members or survivors of veterans.

  • Combat-Related Special Compensation (CRSC) provides tax-free monthly payments to eligible retired veterans with combat-related injuries.

From November 5:
  • Falls are the most common workplace injury and the leading cause of work-related death.

  • Workers' Compensation covers APPROVED medical expenses and only a percentage of lost wages if you're hurt on the job. To claim workers' comp benefits, you must first notify your employer of the accident and the injury.
From October 29:
  • For a Jury to allow injury or medical bills, a doctor MUST testify that the accident caused the injury.

  • Medical Malpractice cases can easily take 2+ years and cost over $100,000.
From October 22:

  • The most common problem in recovering a security deposit is proving what the condition of the property was upon moving in - compared with the current condition.

  • Rental insurance to cover a tenant's personal property is the responsibility of the tenant. Landlords must only provide insurance on the actual structure of the unit.

From October 15:
  • Claims for personal injury may arise from automobile or truck wrecks, product defects, medical malpractice, construction accidents, premises defects or other circumstances.

  • In Ohio and Kentucky, you may have as little as one year from the date of your injury to file a lawsuit.

From October 8:

  • Elder Law involves estate planning, wills, trusts and powers of attorney, Medicaid, health care and other issues affecting the elderly.

  • The main advantage of making a living trust is to spare your family the expense and delay of probate court proceedings after your death.
From October 1:

  • Bankruptcy laws help people who can no longer pay their creditors get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan.

  • A Chapter 7 bankruptcy can stay on your credit for as long as ten years while a Chapter 13 bankruptcy may remain for up to seven years.

  • If someone dies without a will, the state will decide what happens to the estate.

  • A Living Will is the popular name for a document spelling out the general kinds of medical care you would want--or not want--in the event you became unable to communicate with your health care providers.
  • Standardized field sobriety tests are strictly voluntary. You may politely refuse to perform the tests and ask to speak with an attorney.

  • Refusal of a properly conducted breath analysis, urine test, or blood test will lead to an automatic license suspension in Ohio.

  • Paralegals perform a variety of legal tasks, including legal research, interviewing clients and drafting documents.

  •  Seven years of education after high school is typically required to obtain a law degree – four years of undergrad and three years of law school.

  • The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal laws prohibiting employment discrimination. The agency began its work in 1965.

  • The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause difficulty or expense for the employer.

  • Claims for personal injury may arise from automobile or truck wrecks, product defects, medical malpractice, construction accidents, premises defects or other circumstances.
  • If a plaintiff knowingly and willfully chooses to encounter a known hazard, the law holds that he has "assumed the risk of injury" and therefore the defendant is not liable.

  • 3 things you should never do after a car crash:
    • Fail to call the police
    • Refuse medical treatment if you are in pain
    • Forget to get the other driver's insurance information

  • In Ohio Indiana and Kentucky, you generally have two years from the date of your traffic accident to file a lawsuit.
  • Contrary to popular belief, a survey of Ohio Judges confirmed that Ohio juries rarely award excessive or high verdicts in injury cases.
  • Your communications with your attorney are privileged. Unless you give permission, your attorney can't disclose your confidential information.
  • The work of local lawyers has become more specialized. General practitioners – who perform civil, criminal, office and courtroom work – are increasingly rare.
  • In Ohio and Kentucky, you may have as little as one year from the date of your injury to file a lawsuit.
  • A personal injury case is any type of claim where a person has been injured or killed due to someone else's carelessness.
  • Claims for personal injury may arise from automobile or truck wrecks, product defects, medical malpractice, construction accidents, premises defects or other circumstances.
  • Examples of medical malpractice could include incorrect diagnosis, improper treatment, delay in treatment, prescription errors or surgical errors.
  • Even if you can prove that a doctor was negligent, you don't have a case unless you can document that the negligence caused your injury or worsened your condition.
  • Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient.
  • Elder Law involves estate planning, wills, trusts and powers of attorney, Medicaid, health care and other issues affecting the elderly.
  • Every adult should have a will and other essential estate-planning documents, such as a durable power of attorney and an advance directive.
  • The main advantage of making a living trust is to spare your family the expense and delay of probate court proceedings after your death.
  • The Fourth Amendment of the Constitution of the United Stated protects you from unreasonable search and seizure of your property, without probable cause.
  • In Ohio, prisons and jails must notify the victim when his or her assailant is released. This information must be requested by the victim.
  • The term "white collar crime" typically refers to business-related financial crimes. These crimes violate federal law and are usually charged in federal court.
  • Violent crime in Cincinnati has decreased 14% since May 2010.
  • The City of Cincinnati Police Department currently employs 1056 sworn law enforcement officers and 119 civilian employees.
  • Common Causes Wrecks:  Distracted Driving/Fatigue, Drunk Driving, Speeding and Aggressive Driving.
  • In Ohio Indiana and Kentucky, you generally have  two years from the date of your traffic accident to file a lawsuit.
  • Violation of a traffic law can be automatically considered as  negligence in a car wreck case.
  • Injury car crash cases typically take between 1.5 and 3 years to resolve.
  • Ohio employers are immune from worker injury claims, unless the employer hurts them on purpose.
  • Workers Comp only pays a portion of lost wages, not the full amount.
  • Many work-related injuries occur over a period of time, such as heavy lifting for 6 months, long-term exposure to chemicals, carpal tunnel syndrome, etc.
  • FBI crime statistics show an overall continued decline in juvenile arrests for the last 10 years.
  • In the last 4 years, Ohio has closed 4 state juvenile facilities and decreased its population in DYS custody by nearly two-thirds.
  • In a recent survey of Americans, 78% thought that the juvenile justice system should focus on prevention and rehabilitation before incarceration and punishment.
  • Most states have adopted no-fault divorce laws, with grounds including incompatibility and irreconcilable differences.
  • In Ohio, more than 40,000 children are affected by divorced each year.
  • Recent Census Bureau child custody statistics indicate that nearly 40 percent of all noncustodial fathers have no access to or visitation rights with their children.
  • In Ohio and Kentucky, you may have as little as one year from the date of your injury to file a lawsuit.
  • A personal injury case is any type of claim where a person has been injured or killed due to someone else's carelessness.
  • Claims for personal injury may arise from automobile or truck wrecks, product defects, medical malpractice, construction accidents, premises defects or other circumstances.
  • The work of local lawyers has become more specialized. General practitioners – who perform civil, criminal, office and courtroom work – are increasingly rare.
  • A popular misconception is that cases are always appealed. There must be a legal basis for the appeal—an alleged error in the trial—not just that the losing party didn't like the verdict.
  • Your communications with your attorney are privileged. Unless you give permission, your attorney can't disclose any information you provide to a third party.
  • Bankruptcy laws help people who can no longer pay their creditors get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan.
  • Under Chapter 7 bankruptcy, a trustee liquidates all of the debtor's non-exempt property and uses the proceeds to pay creditors.
  • Chapter 13 bankruptcy is a reorganization of debt that allows the filer to pay all or a portion of what is owed through a repayment plan.
  • Insurance companies earn interest on investments while they are holding onto claims dollars. By delaying the payment of valid claims, a company can earn additional millions of dollars per year.
  • Flood damage is not covered in any homeowner's policy and flood insurance must be purchased separately.
  • Take careful notes when you buy an insurance policy. Write down everything the insurance agent says about the coverage you are buying. Save these notes and keep them in a file with your policy. 
  • The Federal Trade Commission estimates that identity theft and other scams cost Americans $1.52 billion last year.
  • Never respond to phone calls, emails or text messages that ask for your personal or financial information.

  • Moore Law HostsMoore Law Hosts

  • Moore Law co-host Deb Haas has lived in Cincinnati since 1984. Upon graduating from the University of Cincinnati, she began a career as a television journalist that would span more than 20 years. Deb has interviewed many interesting people including President Bill Clinton and former Senator and astronaut John Glenn live in Cape Canaveral. In addition to her role with Moore Law here on FOX19, Deb works with Big Brothers Big Sisters of Greater Cincinnati.

  • Attorney Donald C. Moore, Jr. has spent the past 30 years handling claims for injury and accident victims, including victims of defective products, car accidents and truck accidents. Mr. Moore received his Bachelor's in Business Administration from the University of Cincinnati in 1976. In 1979, he received his Juris Doctor from the Salmon P. Chase College of Law at the Northern Kentucky University. Mr. Moore is AV-rated by Martindale-Hubbell.

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Moore Law is a local call-in show that addresses legal issues and answers questions posed by live callers. Co-hosted by local TV journalist Deb Haas and Cincinnati injury attorney Don Moore, the show provides local viewers with answers to their questions about various areas of the law, including personal injury, divorce, debt reorganization and more.  The weekly series, featured on the Fox 19 morning line up, will also discuss the court system and current legal topics in the news, and strive to provide “More Answers, More Help and Moore Law” to the metro Cincinnati viewing audience. The attorney co-host, as well as featured guest attorneys and local leaders, will answer the questions from viewers live on Moore Law.

Of the opportunity to be on the show, co-host Don Moore says, “I have always thought that the legal community should find a way to better educate the public and highlight the many ways we help people. I think Fox 19 has come up with a way that lets us do both.”

For the past 30 years, Don Moore has been helping personal injury victims fight for justice against wrongdoers and their insurance companies. Vice President of the Ohio Association for Justice and named an Ohio Super Lawyer, Don’s knowledge in and experience with the legal system allow him to provide viewers with intelligent, accurate answers to their legal questions. Deb Haas has 20 years of experience as a television news journalist and is a veteran in the broadcasting industry.

Moore Law airs live every Monday morning from 9:30 A.M. to 10:00 A.M. Viewers can ask their legal questions on Facebook before the show or by calling in live to the number on screen. 

DISCLAIMER: Moore Law is educational programming from WXIX-TV, and while our attorneys will do their best to provide answers to viewer questions, it will be for informational purposes only and should not be considered legal advice.





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