Ohio Personal Injury, Nursing Home, & Wrongful Death Law Blog
Wednesday, April 6, 2016
Please don't hide the ball. We can’t do our job unless we know everything. For example, if you sustained a neck injury in the past, and are claiming a neck injury now, we need to know that up front. It not only goes towards case evaluation, but also towards strategy going forward. For any mistakes you may have made in the past, tell us, and trust that we take the attorney-client privilege very seriously. If you hide something from us, you are not only making our job harder, but are likely setting your case up for doom. Many potential clients are nervous that their preexisting injuries will scare attorneys away. Not me. I use your preexisting (more susceptible to further injury) state to help your case, not hurt it.
Wednesday, March 30, 2016
I am not permitted to take intake notes from the potential client. My staff has prohibited it. After all, they are the ones who have to read it - - and they can’t, ever, read my writing. A legal assistant or paralegal will next greet you and direct you to a small meeting room where they will gather all the necessary information so that myself – or another lawyer – can assess your situation and determine whether you have a case that our office is willing to handle.
Wednesday, March 23, 2016
Welcome. Like the over 100-year-old sign says when you come through our front door, “Welcome”. When you come in and realize that yes, you are in the right place, our receptionist, Ashley, will most likely greet you. You will be offered something to drink and will be free to check out the courtroom. You will also see my book, Look to Your Left displayed and available for purchase. We realize that you may be nervous. But we hope those nerves will soon end.
Wednesday, March 16, 2016
It’s nearing the end of winter. The roads are getting better and that somehow signals to some drivers that they can be careless again. While I don’t have any statistics from any office of public safety, I can tell you that our potential client calls go up during these months. And it’s because people are not cautious, are too aggressive, or just don’t want to take that last look out of the mirror. Then someone in my community is struck and injured or burying someone they loved who was struck and killed.
When the injured person or family of the person who was killed calls my office, several things are set into motion. My office staff is trained on how to handle these potential callers - - to ensure these people not only are aware of their rights, but have a path to peace of mind.
- Yes, you heard that right: our office is an old church. When we give directions, we tell the callers that they can’t miss us - - we are in an old church. My wife, who is a local real estate broker, and I bought an old Baptist church and converted it into a law office - - with one suite dedicated and separated out for her real estate business. In the old worship area, we have a mock courtroom for trial practice and community events. Read all about it HERE.
Tuesday, October 13, 2015
Everyone knows that Christopher Columbus landed in North America (specifically, the Bahamas) on October 12, 1492. Since this day became a federal holiday in 1937, there have been a lot of misconceptions about what it really stands for. Although Columbus was not the first person to step foot in North America, nor the first to “discover” it, he has definitely become the most famous. The Santa Maria’s voyage has been immortalized in many songs and poems ever since. However, because of Columbus’ deprived moral character, gross atrocities, and general unworthiness of praise, many Americans have started turning away from this holiday. Despite Christopher Columbus’ selfish drive for gold and power, and his barbaric treatment of the welcoming natives, his arrival to the New World and over-exaggerated report to the Spanish crown managed to mark the beginning of a new era – the mass migration of European settlers to the Americas.
There may not be much to celebrate about the careless pursuit of money, or the slaughter and egregious exploitation of human beings, however, we should take a moment to appreciate what Columbus Day truly stands for - the very beginning of what is now known as the great United States of America. Columbus’ journey paved the way for many other travelers to come here and make it a better place for everyone. Travelers such as Bartolome de las Casas, who spent all of his wealth and more than half of his life fighting for the native Americans and humanity in general. My own journey from Bulgaria to the U.S. is partially owed to Mr. Columbus’ success. Our country is now a tapestry of cultures and beliefs from around the world, constantly changing our national identity with every coming year.
So today I invite all American citizens, current and future immigrants, and people of the world to take a moment and appreciate the day when this powerful country, now known as the United States of America, first became a popular destination, 523 years ago.
By: Nikolay G. Markov - 10/12/2015
Tuesday, September 15, 2015
Everyone knows that the United States of America is a country founded and developed by immigrants; however, many people do not understand what that really means. Attending the Pioneer Days in Wheelersburg, OH has brought me back to the times when immigrants were not only welcomed, but encouraged to come to the United States. With Citizenship/Constitution Day quickly approaching (September 17), I decided to take the opportunity and share a little of the immigration history of the United States of America.
Before the declaration of independence was signed, the U.S. population was slowly rising, from 275,000 colonists in year 1700, to around 2,210,000 in year 1770. At that point, there was no such thing as immigration law, perhaps because there was no unified country to enact and uphold it. Even the great Daniel Boone was the son of Quaker immigrants who came from Wales and England in 1708 and 1713.
After the U.S. came to its own in 1776, with the signing of the declaration of independence, it took 14 years before the first immigration law was enacted (the Naturalization Act of 1790). The only requirements for citizenship it imposed were to be a free white person, of good character, and 2 years of residence in the United States. For the pioneers then, the path to citizenship consisted of traveling to the U.S., staying for two years and filing your petition for naturalization in a state or federal court. It was not the most profitable time for immigration attorneys since their services hardly seemed necessary.
The first restrictions on immigration started in 1875, providing for the exclusion of convicts and prostitutes (no doubt, seeking to protect American jobs). The restrictions soon included persons with contagious diseases, “idiots, lunatics, and persons likely to become public charge.” In 1907, Congress established the Dillingham Commission to study immigration policy in response to influx of over one million immigrants per year, mostly from southern and eastern Europe. It ended its work in 1911, concluding that immigration from those areas posed a serious threat to American society and culture and should be greatly reduced. (I try not to take that personally, being from Bulgaria myself!).
From that point on, U.S. Immigration laws started becoming more and more restrictive, enacting quotas on the amount of immigrants and refugees allowed to enter each year, harsher requirements and costs of applications, strict deportation and exclusion procedures, as well as restrictions on returning to the U.S. Today, the immigration laws are so complicated and convoluted that even a simple application for a temporary visa or green card demands the expertise of an immigration attorney. The costs for applications are steadily rising, making the legal process unfeasible for many aspiring immigrants. And on top of all else, the federal and state government agencies have become so overzealous in enforcing immigration and deportation laws that even citizens born in the U.S. are mistakenly being deported.
As I am taken back to the Pioneer Days, I would like to remind the rest of the U.S. population that immigration is one of the most valuable tools for supporting and improving this country’s economy, foreign relations, diversity, social and scientific advancements, and many other areas of national importance. As the world is quickly shrinking, society becomes globalized, and borders become more and more faint, do not be afraid to welcome the citizens of the world who are seeking a better life for themselves and their families. Odds are, you wouldn’t be here today if your ancestors were not welcomed to the U.S. just a few generations ago!
Nikolay G. Markov, Esq.
Law Office of Jeremy M. Burnside, LLC
With offices in Portsmouth & Ironton, Ohio
Tuesday, August 4, 2015
In the Summer Edition of the Portsmouth Metro Magazine, my wife and I were featured on the cover and in a very well-written story about our new office in the former Calvary Baptist Church. As you may know, my wife operates a separate real estate brokerage with her brother, Nick Rutman, also located in the same building. One reason why we bought our new office is so that our families could be closer together. Located in Suite B of our 1118 Hutchins St. office (we are in Suite A), the Rutman Burnside Realty Group (www.rutmanburnside.com), in just eight months of existence, has already helped several people buy and sell houses in our community. I am very proud of my wife's passion for people selling or buying homes and she has inspired me to step up my game in my law practice even further.
The Portsmouth Metro article cites more about why we bought the office and what it means to us. More importantly, the story does a good job showing what it means to our present and future clients. While I can't speak for Maddie and Nick, I can tell you that our new office brings another dimension to my law practice and how I prepare my cases. We renovated the former worship area into a mock courtroom - - with the jury box being located above the old baptismal. We have a witness stand, judges bench, clerk table, counsel tables and podium - - just like an actual courtroom. We believe our office building to be just one, of two, law firm buildings in the country, to be a re-purposed church and the only one to house a mock courtroom in the former worship area.
I prepare every case for trial from the first day I meet with the client. The goal is to resolve the case before a trial, which is a very risky event, but sometimes necessary to achieve justice. Trial can also be very traumatic for a client. For my personal injury, brain injury and wrongful death clients, a civil jury trial can be a very intrusive experience - - where the value of someone's life is placed under a microscope. Having a full mock courtroom to prepare the clients for these intrusive questions not only helps ease the clients' nerves and allows them to be themselves, but it also educates them on how the trial works. Sometimes, when a client is poised for trial and we prepare them with sample lines of questioning, the client may see things differently. More importantly, preparing a client for trial can remind them of why they withstood the litigation experience for so long to begin with. Being prepared for trial is an extra comfort layer the client sometimes needs in order to stay strong to fight for justice.
Our mock courtroom, which has a balcony and state-of-the-art audio/visual capabilities, is not only designed for trial preparation, but also for some community events, such as mock trial competitions/practice. Our office is not only easy for clients and prospective clients to get to, but it is located in the heart of our community. I look forward to my growing relationship with my neighbors, the American Red Cross and I hope that we can serve the Scioto County and the Ohio River Valley better not only in the courtroom, but in the community.
When I told Maddie I wanted to buy an old church to renovate, she thought I had lost my mind. Throughout the ten long months of renovation, it became clear to the both of us about why we took such a risk. We love our family and our community - - and having a special office allows us to both live our dreams, build relationships, and help people. I believe our office building projects an image of strength and compassion - - both attributes every lawyer should aspire for.
The Portsmouth Metro Article can be found here:
Tuesday, May 19, 2015
In the new millennium's law school literary answer to Scott Turow's One L and John Osborne's The Paper Chase, Attorney Jeremy Burnside turns it up a notch in his newly-released book of creative non-fiction, Look to Your Left: A True Story of Law School Survival in the Face of Impossibility, Murder and an Appalachian Apocalypse.
Attorney Burnside began writing his own first year law school story while in the midst of a nearly-impossible academic vision quest, after a school shooting at the Appalachian School of Law in Grundy, Virginia, and shortly before a catastrophic mountain blast that left him homeless shortly before final exams.
The reader will learn more about where Attorney Burnside came from and what events in his law school career motivated him to become a trial attorney in Appalachia.
Look to Your Left can be purchased at www.jeremyburnside.com or on Amazon. If any profits are realized, they will benefit the Appalachian School of Law Sutin Blackwell Dales Memorial Scholarship.
Tuesday, January 6, 2015
Proud to announce a very successful 2014 and our 5th Anniversary as a law office! We had some good verdicts and achieved great settlements for many of our clients - - but most importantly, I think 2014 was the year we took a giant leap forward with the relationships we have built over the past five years.
We are starting to see former clients referring loved ones, repeat clients, and former clients just popping in to say howdy. We are becoming more successful in our traumatic brain injury (TBI) practice and are seeing good results for our wrongful death clients. While attorneys are not permitted to promise or guarantee a result, I believe we have been living up our our promise of standing by our goals involving client interaction, which includes explaining the legal processes and offering a caring ear to those who are hurt or who have lost someone.
Here are just a few of the things we have in store for 2015:
1. We will be moving into our new building (an old repurposed church) in February;
2. We have hired more team members to help client satisfaction;
3. Attorney Burnside's book, Look to Your Left will be released in May;
4. We will be pruning our practice areas to focus on larger personal injury, wrongful death, and nursing home neglect cases; and
5. A bigger podcast presence to include interviews with former clients to help present ones.
Thanks to past and present clients for trusting us with your cases over the past 5 years!
- Jeremy Burnside
Monday, December 22, 2014
The Law Office of Jeremy M. Burnside, LLC is proud to announce that Attorney Jeremy M. Burnside has again been named a "Rising Star" by Super Lawyers®. This announcement was made in the 2015 edition of the Ohio and Kentucky Super Lawyers Magazine.
The multi-phase selection process for inclusion in Rising Stars includes the initial requirement that the attorney be either 40 years old or younger or in practice for 10 years or less. All nominated attorneys first go through the Super Lawyers selection process, which includes, but is not limited to, peer review, independent research, peer evaluations and professional recognition and achievement.
No more than 2.5 percent of Ohio attorneys are named to the Rising Stars list.
More information about how Attorney Burnside was selected as a "Rising Star" can be found at: http://www.superlawyers.com/about/selection_process.html
Monday, September 29, 2014
I have a client who doesn’t pay me despite the fact that I spend much of each day fighting to get it paid. This client sends me threatening letters and emails. It threatens to sue my other clients, the ones I care for, if I don’t do a good job getting it paid. I get no thank yous; only scorn. No “good jobs”; only rude silence after I send it money. Although I fight to get this client paid, I hate the thought of this client and what it does to others. My malpractice and ethical exposure increases and now half of my life is dedicated to a client who uses me to take advantage of others. I can’t successfully serve the Little Guy if I am but a slave to The Man’s bidding. But someone has to keep fighting for the Little Guy, right?
You see, I represent the insurance industry. I don’t have a contract and I use the term “client” facetiously, but the fact remains that I work for the insurance industry as a consequence for my work for my personal injury and wrongful death clients. It’s more like an indentured servitude set forth by The Man. The Man enslaves me by virtue of my cherished relationships with my actual injured clients and I have a forced duty to ensure that my role in the Tort Deform Machine is preserved. There is no recourse as The Machine gets more powerful and the Little Guy is all but out of legal ammunition to fight.
The Man isn’t so much a governmental entity as it is the byproduct of the growing and misguided American ideal that paints victims of personal injury as malingerers, and their lawyers, ambulance chasers. The Man was born when the Seventh Amendment of the US Constitution was forgotten by the American public. Because of The Man, one’s right to a civil jury trial, once hailed as a “sacred” right by our Founders, is now a distant third behind the financial interests of the insurance industry and the government.
Because of The Man, money in personal injury claims is many times not passed to the aggrieved, but from one insurance company to another by virtue of what is called “subrogation”. Subrogation is the process where the Little Guy is legally required to pay back his first party benefits (you know, the benefits he paid premiums on) for money the health or first party car insurer paid out on medical bills. The Little Guy can now theoretically get in an accident, suffer terrible injuries, and have all of the available money go to pay back his health insurance company. There are no longer equitable (consideration of fairness) remedies for this. The Man has determined that these insurers can place just about anything they want in insurance contracts, and if the Little Guy agrees (which they have little to no choice if they are to be insured), well, they are out of luck. A meeting of the minds and the unfair bargaining position the of Little Guy is in now means nothing.
So then it becomes my job to make sure the subrogation “rights” of the health insurance (and first party car insurance through what is called MedPay) companies are protected. The duty I have to my real client is compounded, and if I don’t comply with The Man’s bidding, I could get in trouble and the Little Guy I represent can lose his benefits, be sued, or both. I am forced to file more lawsuits in order to address subrogation and get the Little Guy compensated something. And when I file more lawsuits, The Man accuses me of filing “frivolous” lawsuits and the Tort Deform machine builds more power. The calculated dehumanization of the injury victims and their lawyers by the Tort Deformers who are pulling The Man’s strings contributes to the billion dollar profits of the insurance industry.
One day, the Little Guy will again stand in a legal position to be reasonably compensated without The Man bringing him down. Today is not that day. If I have to continue to serve as an indentured servant to the insurance industry in order to assist the Little Guy, then I will. But if there is to be subrogation, then there needs to be fairness to those to who suffer.
Ohio voters need to stand up to The Man. Don’t fall victim to the propaganda being spread by the Tort Deformers. Educate yourself on tort deform.
You can start by getting the real facts about the McDonald’s Hot Coffee Case: https://www.youtube.com/watch?v=pCkL9UlmCOE
Law Offices of Jeremy Burnside has offices in Scioto County, OH and Lawrence County, OH. We serve clients throughout Ohio and Kentucky in the following areas:
Ohio Cities: Portsmouth, Lucasville, Ironton, Wheelersburg, Piketon, Gallipolis, South Point, Chillicothe, Cleveland, Columbus and Elyria.
Kentucky Counties: Lewis County, Boyd County, Pike County, Greenup County, Fleming County, Martin County and Carter County.