- DivorceAs a leading practitioner of collaborative divorce, Rodger Walk provides a civil, open process for achieving a fair and creative result with the least damage to family relationships.
- Wrongful DeathNo. Generally, most states that recognize a wrongful death cause of action limit the pool of potential plaintiffs. Some states limit this group to the deceased's primary beneficiaries, defined as the surviving spouse and the deceased's children. Other states allow the parents of the deceased individual to bring a wrongful death claim. In addition to these individuals, some states recognize the rights of any dependent, whether closely related or not, to bring a wrongful death claim provided the person actually depended on the deceased for economic support. In those jurisdictions, it apparently makes little to no sense to allow the second cousin once removed of the deceased, who saw him once every five years at a family reunion, to recover for the loss of the deceased's future earning potential.
- Sex CrimesOne narrow limitation upon the use of deadly force is authorized. Where an intruder threatens personal safety, as well as a threat to property, or where the intruder is committing a forcible felony, deadly force may be appropriate. For example, if a robber enters a home and, while stealing items, attempts to rape the homeowner, the owner may be justified in shooting the robber. However, an owner who witnesses a neighborhood child stealing a bicycle from the owner's garage, without any threat of bodily harm, is not justified in shooting that child.
- AssaultThe terms assault and battery are often erroneously used interchangeably. They are not the same things. An assault can be defined as the threat to use unlawful force to inflict bodily injury upon another. The threat, which must be believed to be imminent, must cause reasonable apprehension in the plaintiff. Therefore, where the defendant has threatened some use of force, creating an apprehension in the plaintiff, an assault has occurred. The focus, for the purpose of determining whether a particular act is an assault, must be upon the reasonableness of the plaintiff's reaction.
- Arson
- Business DisputesRodger Walk has litigated, arbitrated, and mediated a wide range of employment, commercial, and/or other business disputes in the Greater Cincinnati area, helping both employers and employees help minimize time and expense and facilitate a productive resolution of issues.
- Trade Secrets
- Intellectual Property
- Workers CompensationState workers' compensation systems establish technical and often tricky rules in this area. Often, you have the right to ask for another doctor at the insurance company's expense if you clearly state you don't like the one the insurance company provides, although there is sometimes a waiting period before you can get a second doctor. Also, if your injury is serious, you usually have the right to a second opinion. And in some states, after you are treated by an insurance company's doctor for a certain period (90 days is typical), you may have the automatic right to transfer your treatment to your own doctor or health plan with the cost being paid for by the workers' comp insurance company. Because the insurance company is footing the bill, don't hesitate to go to a doctor who specializes in your injury or illness -- even if the cost is great.
- Employment Discrimination
- Employment Contract
- Sexual Harassment
- Premises Liability
- Personal InjuryAs a Cincinnati personal injury attorney, Rodger Walk has represented individuals and their families who have been seriously injured or killed as a result of the negligence, carelessness, or recklessness of others.
- Medical MalpracticeAs a Cincinnati medical malpractice attorney, Rodger Walk represents individuals and families whose medical provider has breached the standard of care in diagnosing or treating medical conditions.
- Dog BitesIn general, the answer to this question is yes. An owner of a dog, or any animal for that matter, may be held liable for the injuries that that animal causes to others. However, the ease with which a plaintiff can win a "dog-bite" lawsuit differs from jurisdiction to jurisdiction depending on the legal theory of recovery available in the plaintiff's location. Some jurisdictions require the plaintiff to show that the animal owner knew, or should have known, that the animal was inclined to attack or bite. In other jurisdictions, the plaintiff may only need to show negligence on the part of the owner in order to recover money for his injuries. If a wild animal, such as a lion, bear or monkey, injures the plaintiff, the animal's owner may be held accountable under a theory of strict liability for plaintiff's injuries regardless of the plaintiff's conduct.