Charles Herman Law in Toledo
Toledo Ohio Attorney Focused on Personal Injury and Medical Malpractice; Labor and Employment Law; Estate Planning, Wills, Trust, and Probate; and Business Law and Civil Litigation.
The foundation of the practice is based on relationships.
- If you have been seriously injured or lost a loved one due to someone else's negligence, I can help you. I am a Toledo Ohio personal injury attorney and I represent injured people, people withcatastrophic injuries, and survivors of family members who have died as a result of someone else's negligence. I represent personal injury clients on a contingency fee basis. This means that I do notget paid unless you win. I will help you seek reimbursement for all related expenses, including loss of quality of life, pain and suffering, physical impairment, loss of future earnings, lost wages,the cost of all future procedures, and medical expenses. If you have suffered an injury as a result of someone else's negligence, the insurance company will likely try to contact you soon after theaccident. It's important that you do not settle, make any statement, or sign any documents before speaking with an attorney. I serve Toledo, Sylvania, Maumee, Perrysburg, and all of Northwest Ohio.If you choose to have me represent you in your personal injury case, I will work diligently to get you the highest possible compensation. I will always make myself available to answer your questionsand I will keep you informed throughout the process. This is my pledge to you. Even if I'm in court when you call, I will call you back within twenty-four (24) hours and will try to get back with youbefore the end of my work day. Even if I have to call you when I'm leaving the office, which may be past 10 PM in the evening - I will call you back (and possibly wake you up) and will leave amessage for you if you are unavailable. If you have been involved in a serious accident or if you have lost a loved one due to someone else's negligence, contact me for a free consultation.
- Toledo Employment Attorney If you believe you have been discriminated against by your employer, or that your employer has violated laws that protect employees, it is important to act quickly toprotect your rights and contact a Toledo employment attorney. I provide counsel, advice and litigation services to workers with claims against their employers, including claims for wrongfultermination, retaliation, sexual harassment, gender, race, religious and disability discrimination, hostile working environment, minimum wage and hours and overtime, and other violations of statutorylaw, including under the Family and Medical Leave Act ("FMLA"), Title VII, the Americans with Disabilities Act as amended, the Age Discrimination in Employment Act, Fair Labor Standards Act, theCivil Rights Act, the National Labor Relations Act ("NLRA"), and constitutional claims against governmental entities. Employment law claims require commitment, both on behalf of the client, and onbehalf of the Toledo employment attorney. If you want a Toledo employment attorney who is willing to fight for your rights, then contact me now. Initial Consultation - $250, non-refundable flat fee Ioffer consultations in employment related matters for a non-refundable flat fee of $250. At the initial consultation I will review your case and we will discuss the factual circumstances regardingyour claim including whatever evidence you may have including witnesses and documentary evidence. This may take several hours, but you will only be charged the non-refundable flat fee of $250 forthis initial consultation. At the conclusion of this first meeting, we will make a decision whether there is enough evidence to move forward with your case. If there is, we will enter into anattorney-client relationship. If the best legal strategy involves filing a charge with an administrative agency like the Ohio Civil Rights Commission or the federal Equal Employment OpportunityCommission, then the $250 non-refundable flat fee will be applied to the $500 and you will owe $250. Filing a charge with an administrative agency - $500 + 1/3rd of any settlement If the best legalstrategy involves filing a charge with an administrative agency like the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission, then the $500 retainer will include allrepresentation involved with filing the charge of discrimination, including: assisting in drafting and filing the charge of discrimination with the agency; reviewing the Respondent's positionstatement; drafting a response to the Respondent's position statement and where necessary providing any additional information to support the allegations of discrimination including witnessstatements, documentation or other information/evidence; corresponding with the agency and the investigator assigned to the charge; and attending any mediation and/or negotiating any settlement. Manycases can get resolved through mediation, but there are no guarantees and the charged party is not required to mediate or negotiate a claim of discrimination. Filing a lawsuit in State or FederalCourt - $5,000 + 40% of any settlement or verdict There are provisions for attorney's fees under the discrimination laws and I will petition the court for an award of attorney fees in appropriatecircumstances. If attorney's fees are awarded by the court, then any fees awarded will be reduced from the 40% contingency fee. If you are unable to pay the initial $5,000 retainer all at once, thenwe can discuss a payment plan. However, the amount of the retainer is not generally negotiable. There are circumstances under which I may consider partially waiving a portion of the $5,000 fee, butthat would be a rare case where liability is clear and the evidence is strong. The attorney's fees referenced above will cover the following: (pleadings phase): filing the complaint; and respondingto any motions to dismiss or other motions directed at the sufficiency of the complaint; (scheduling phase): drafting reports requested by the judge; attending any scheduling conferences; andnegotiating a settlement if possible; (fact discovery): sending out requests for production of documents and things, inspection of property and filing responses and written objections to thesediscovery devices; reviewing your documents for privilege; document review and copying; organization by issue/witness for deposition binders; drafting and serving interrogatories; drafting and filingwritten objections and responses to interrogatories; supplemental or amended responses; motions to compel under Rule 37; requests for admissions; taking depositions; and defending depositions;(pretrial phase): attending any pretrial conferences; filing and responding to dispostive motions including motions for summary judgment and motions for judgment on the pleadings; joint stipulationson evidence; pretrial memoranda; pretrial disclosures; preparing witness list; preparing exhibit list; reviewing discovery and filing motions in limine; drafting required trial briefs; jury selection(voir dire), jury instructions, verdict forms, objections; preparing opening statements; serving trial subpoenas; creating fact and expert witness outlines; creating cross-examination outlines; andpreparing witnesses; and the actual trial itself, but does not include any appeal if the case is lost; and (trial phase): arranging trial logistics; transporting exhibits to court; drafting andfiling last-minute evidentiary motions; jury selection; opening statements; direct and cross-examination; reading discovery into evidence; drafting and filing any required bench briefs; arguing juryinstructions; and closing arguments. Out of Pocket Expenses and Costs The above-referenced attorney's fees do not include any out-of-pocket expenses and costs such as: filing fees, depositions,medical records, costs of paying for deposition transcripts, witness fees, photocopies, prints, postage, investigative charges, mileage and any other expense which may arise in the course of thecase. Damages At the initial consultation we will make an evaluation of your potential damages, which includes an assessment of your potential: lost wages; lost benefits; front pay; compensatorydamages, including pain and suffering, emotional distress, or inconvenience; and punitive damages. Although these categories of damages are available under the discrimination laws, they may not allbe applicable to your individual case. Mitigation of Damages The most basic component of damages in an employment discrimination lawsuit or wrongful dismissal lawsuit is lost salary. Generallydamages are measured by the salary you would have earned from your former employer from the date of your wrongful dismissal until the date of trial, less earnings your receive from part-time orfull-time employment before trial. Therefore, you must look for work. You cannot sit back and let your damages build up and hope that you will recover the full amount of your lost salary at trial. Ifyou do not look for work or are unavailable for work during a period of time, you probably will not be able to recover your lost salary for that period. That is, you have a duty to reduce your claimfor lost salary and fringe benefits. Our Courts call this the "duty to mitigate damages." If you believe that your employer has treated you wrongly, then call me and we can set a time to meet anddiscuss the facts of your case.
- Toledo Estate Planning Attorney Toledo-Ohio-Wills-Trusts-and-Estates-AttorneyWhen it comes to planning wills trusts and estates, many considerations come into play, including views on the ownershipof property, the identity of beneficiaries, the identity of executors, trustees and guardians. Many people think that a simple will is what they want drafted for them, but once all of the informationis evaluated by a Toledo Estate Planning Attorney, other planning documents are often times more appropriate. Whether a basic will or a more complicated estate or asset protection plan is appropriatefor you is a determination that should be made after having a wills, trusts, and estates Toledo Estate Planning Attorney evaluate your personal and financial information in order for you to receiveproper advice and recommendations regarding your estate planning needs. Wills. Using a Last Will & Testament (Will) as your primary estate planning tool means that your estate will go throughprobate upon your death. It is important to note, however, that the only assets that must go through probate are assets that you own that are not in a living trust (more on living trusts later) anddo not have a joint owner or a named beneficiary. Although the probate process is quite complicated and time-consuming for the executor, it is important to understand that the purpose of probate isto provide some measure of protection for your beneficiaries. Trusts and Estates A trust is a legal entity which is capable of owning financial assets, real estate, and/or other property. Atestamentary trust is a trust created by the Probate Court pursuant to trust provisions written into your Last Will & Testament. A testamentary trust does not take effect until after your deathand generally not until after your Executor has completed the initial phase of probate. A living trust is a trust that you create while you are living. Using a living trust as your primary estateplanning tool means that your estate will not go through probate upon your death. You create a living trust by signing a contractual document called a "Declaration of Trust." You are typically thetrustee of your own trust until your death. Upon your death, a successor trustee whom you have named takes over as trustee of the trust and, after paying any valid debts, expenses, and taxes,distributes the trust assets to or for the benefit of your named beneficiaries or, if called for in the trust, continues to hold the trust assets until the occurrence of a predetermined event. Themain feature of a living trust is that the trustee is not accountable to the court, and therefore not subject to probate. Many people therefore use a living trust as their primary estate planningtool in order to make things easier for their trusted loved ones by avoiding the time and complications of probate. There may also be some advantages to you by using a living trust to consolidateyour assets and simplify your finances. On the other hand, some people like the idea of court supervision and therefore prefer that their estate go through probate, and some people simply prefer notto spend the extra money it typically takes to create a living trust. Many married couples use a Family Trust (and sometimes an additional Marital Trust - a trust that qualifies for the maritaldeduction but places some restriction on the surviving spouse's use of the trust funds) in order to protect some of their estate for their children, guarding against the possible dissipation of themarital estate as the result of a surviving spouse becoming remarried and/or having additional children (whether through birth or adoption) and/or becoming a victim of fraud or deceit. To accomplishthis, the surviving spouse's rights to the principal of the Family Trust (and/or the Marital Trust) are written either to terminate or be reduced in the event the surviving spouse becomes remarriedor has additional children. Whether a basic will or a more complicated estate or asset protection plan is appropriate for you is a determination that should be made after having a wills, trusts, andestates attorney evaluate your personal and financial information in order for you to receive proper advice and recommendations regarding your estate planning needs.
- Toledo Business Formation Attorney Toledo-Business-Formation-AttorneyI am a Toledo business formation attorney and I can help you create a new business entity to operate any type of business. Thereare many considerations bearing on the decision about what type of entity to use and an experienced Toledo business formation attorney can help you make these decisions. There are a number of formsof business entity available - sole proprietorships, general partnerships, limited partnerships, limited liability companies, S corporations, and C corporations. Although there are businesses inexistence that use all of these forms, almost all new small businesses today choose to be organized as sole proprietorships, LLCs, or S corporations. These three forms are the most popular becausethey have features that are advantageous to start-up businesses and lack features that can be disadvantageous to such businesses. Sole Proprietorship. Sole proprietorships are businesses owned by oneindividual that have not adopted another form of business entity. No formalities or filings are required to create or operate a sole proprietorship, so using a sole proprietorship to run a businessis simple and inexpensive. Since many start-up businesses operate on a shoestring and have concerns about future viability, saving organizational and operating costs is attractive. The tax treatmentof a sole proprietorship is also attractive. The profit or loss of the business is reported on the owner's individual tax return, so if the business incurs losses in its formative years, the ownerwill be in a position to offset these losses against other income. Sole proprietorships, however, have two disadvantages. The first is that a sole proprietorship is available only if a business hasone owner. If there are two or more owners, another form of business must be used. The second disadvantage is that the owner of a business organized as a sole proprietorship is personally responsiblefor all of the debts and liabilities of the business. If the business fails or if a customer or other person is injured by the operations or products of the business, the personal assets of theowner, including his or her personal bank accounts and investments, are at risk for payment of the resulting claims. Limited Liability Company Limited liability companies avoid both of thedisadvantages of sole proprietorships. An LLC is an entity that is separate from its owners, so ownership of a business operated by an LLC can be divided between two or more owners, or an LLC can beowned by a one person. As a separate entity, the LLC, rather than its owners, is responsible for the debts and liabilities arising out of its business. If the business fails or if claims are madeagainst the business that exceed its assets, the members may lose their investment in the LLC, but their personal assets are generally not at risk. An LLC also provides the same favorable income taxtreatment as a sole proprietorship. All income or loss of an LLC passes through the entity and is reported on the members' individual income tax returns. If an LLC's business incurs losses in itsformative years, its members are in a position to offset these losses against other income. The primary disadvantage of an LLC as compared to a sole proprietorship is that an LLC is more difficultand expensive to create. An LLC is created by filing articles of organization with a state, and annual reports must be filed to keep the LLC in existence. There are fees, and sometimes taxes, payablewhen an LLC is created and when it files its annual reports. These fees and taxes vary considerably from state to state. Subchapter S Corporation The advantages and disadvantages of an S corporationas compared to a sole proprietorship are similar to those of an LLC. Both S corporations and LLCs can have one or more owners, and both are treated as separate entities responsible for their owndebts and liabilities, so owners enjoy limited liability. An S corporation is also more difficult and expensive to create and maintain than a sole proprietorship. But the process used to create andthe processes necessary to maintain an S corporation are similar to those of an LLC. The costs of creation and maintenance are comparable for both types of entities. Like a sole proprietorship and anLLC, the income tax attributes of an S corporation pass through to its owners and are reported on their individual income tax returns. There are, however, some differences in the tax treatment Scorporations and LLCs, which is one reason that it is important to speak with a Toledo Ohio business formation attorney. C Corporation C corporations also provide limited liability for their ownersand are comparable to LLCs and S corporations in terms of their costs of creation and maintenance. The big disadvantage of C corporations for small businesses, and particularly small businesses inthe start-up phase, is that the income or loss of a C corporation is taxable to the corporation and does not pass through to shareholders. As a result, shareholders cannot use a C corporation'sstart-up or other losses to apply against income received by the shareholders from sources other than the corporation. The choice between business entities is best made by speaking with anexperienced Toledo business formation attorney and by comparing the advantages of each and deciding which advantages are most important in your situation. The following features must be consideredwhen choosing a business entity: Organization Ownership Management Tax treatment No business entity is the best choice for all businesses-all have advantages and disadvantages which should bediscussed with a Toledo business formation attorney. The form of entity that is appropriate for your business will depend upon which of these advantages is most important to you. For example, if youplan to seek outside investors who may have differing tax and cash needs, or if your business will pay out most of its income currently to the owners, you may want to select an LLC. On the otherhand, if you do not expect to bring in outside investors and have a business that will retain substantial income for working capital or other purposes, the employment tax advantages of an Scorporation may make that form of entity the logical choice. I hope that I can assist you in getting started on the process of making the decision about the form of entity that is most appropriatefor your business.