DWS Law – Dittmer, Wagoner & SteeleGahanna OH General Practice Attorney | Dittmer, Wagoner & Steele LLC.2026-07-23T06:54:15Zhttps://www.dwslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104498/2025/08/cropped-site-icon-DWS-32x32.jpgOn Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[Does filing first give you an advantage in divorce?]]>https://www.dwslaw.com/?p=494532026-07-23T06:54:15Z2026-07-23T06:54:15ZFiling first may offer a few practical benefits, but it does not automatically give one person a stronger position in the divorce. Courts focus on applying the law fairly rather than rewarding whoever started the case.
Every divorce is decided based on the facts, applicable laws and the issues involved, such as property division, child custody and financial support. Speaking with a legal representative early in the process can help you understand your rights and prepare for the steps ahead.
Should you try to file for divorce first?
In most cases, the spouse who files first is called the petitioner, while the other spouse is the respondent. Filing first may provide a few practical benefits, including:
More time to prepare: The filing spouse can organize financial records, gather evidence, and plan a legal strategy before the case begins.
Control over the timing: The petitioner decides when to file, which may be helpful when planning around work, family or financial considerations.
Presenting the case first: During a trial, the petitioner introduces evidence and witnesses before the other spouse.
Even with these advantages, the judge will base decisions on the evidence and the law, not on who filed the paperwork first.
Can the spouse who files last still have a strong case?
Yes. The responding spouse has the same opportunity to present evidence, challenge claims and request relief from the court. A well-prepared response can be just as effective as filing first.The factors that usually have a greater impact on a divorce outcome include financial documentation, parenting arrangements, credibility and compliance with court orders. These issues carry far more weight than the order in which the spouses filed. So, instead of worrying about who filed first, you are better off focusing on building a well-supported case that reflects your goals and the facts of your situation. ]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[What does a child’s best interests mean during a custody case?]]>https://www.dwslaw.com/?p=494512026-07-15T11:35:51Z2026-07-15T11:35:51ZIf you are a parent fighting for child custody with your child’s other parent, then you may need to learn a few legal terms. One legal term that you may need to understand is a child’s best interests.
A child’s best interests include anything that may impact their safety, health and future. Judges take careful consideration of a child’s best interests during child custody disputes. Here is what you should know:
What factors impact a child’s best interests?
There are many different factors that can impact a child’s best interests. Since every child custody case is unique, judges often have to ask parents many questions during a hearing. Some of the factors that could impact your child custody case can include the following:
Employment: Where does each parent work? Is the work stable? How much does each parent earn? Do parents earn enough to meet their child’s basic needs? Does either parent travel often for work?Education: What type of education are parents providing their child? Can each parent afford the education they are providing for their child? Or, is a child being given an adequate home-school experience?
Health: What type of health concerns does each parent and child have? Does a child’s health require special care? Does either parent neglect a child’s health care needs?
If you want to learn more about your child custody options, you may need to reach out for professional legal guidance. The right person can help you understand the basics of child custody law.]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[Do OVI convictions prevent lawsuits after drunk driving crashes?]]>https://www.dwslaw.com/?p=494482026-06-30T13:12:51Z2026-06-30T13:12:51ZDrunk drivers break the law by getting behind the wheel after drinking. They also put everyone at risk, as intoxication substantially increases the likelihood of a wreck.
If drunk drivers cause crashes, the people affected by the collision may file insurance claims to cover their losses. In cases where drunk drivers either do not have insurance or when crash expenses are higher than the insurance available, the people affected by the collision may want to file a personal injury lawsuit.Does the state's decision to pursue operating a vehicle under the influence (OVI) charges prevent those affected by a drunk driving collision from filing a lawsuit?
Civil cases are a separate legal matter
The Constitutionprotects people from double jeopardy. The state cannot charge people repeatedly for the same criminal violation. After a conviction or an acquittal, a defendant should not face criminal prosecution again for the same matter.However, a lawsuit filed against someone who caused economic harm to others is not the same thing as prosecution by the state. Those who break the law or engage in negligent behavior are usually liable for the consequences of their poor choices.When impaired drivers do not have enough insurance to compensate the people affected by the crashes they cause, they may face lawsuits in addition to the criminal charges brought against them. If anything, the state's criminal case can substantiate claims that the driver was under the influence and is therefore liable for the harm they caused due to their verifiable wrongful acts.Reviewing the circumstances of adrunk driving crash with an attorney can help injured people understand their rights. A successful lawsuit can lead to compensation and a sense of justice for those affected by impaired driving.]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[Can you recover compensation if you were partially at fault?]]>https://www.dwslaw.com/?p=494462026-06-30T03:43:17Z2026-06-30T03:43:17ZCar accidents rarely happen because of just one person. Most of the time you and the other driver are both at fault. Maybe you rolled through a yellow light while the other driver sped up to beat it. Maybe you glanced at your phone for a second while the other driver tailgated you. In situations like, there’s one question that often lingers: can you still recover compensation if you share some blame for the crash?
How modified comparative negligence rule works
Ohio uses a rule called modified comparative negligence. This rule lets you recover compensation even if you caused part of the accident. The catch is your fault percentage. If a jury or insurance adjuster decides you hold 50% or less of the blame, you can still collect damages. If your fault rises above 50%, you lose your right to compensation entirely.
How fault percentage affects your payout
Your compensation amount drops based on your share of the blame. Say you suffer $100,000 in damages, but a jury finds you 20% at fault. You would receive $80,000 instead of the full amount. Insurance companies know this rule well, and they often push hard to raise your fault percentage. A higher percentage for you means a lower payout for them.
Why evidence matters so much
Because your fault percentage controls your payout, you need strong evidence on your side. Police reports, witness statements, traffic camera footage and photos from the scene all help build your case. An experienced lawyer can also gather expert testimony to challenge unfair fault claims from the other side.
Don't let insurers decide your fault for you
Insurance adjusters work for their company, not for you. They often assign blame quickly and without much investigation. You don't have to accept their first assessment. A personal injury attorney can review your case, challenge inaccurate claims and fight for a fair fault determination.
What to do before you settle
If you share some fault in an accident, don't assume you have no options. Ohio law still gives you a path to compensation. Talk to a local attorney before you accept any settlement offer, so you understand your full rights under the law.]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[The importance of immediate medical care after a car accident]]>https://www.dwslaw.com/?p=494442026-06-24T13:04:43Z2026-06-24T13:04:43ZCommon hidden injuries
Even if you feel fine or lack external wounds after a car accident, getting medical care is still important. Some injuries can take time to manifest, including:
Whiplash: Stiffness or severe headaches after 24 to 48 hours that may point to soft tissue damage
Concussions: Subtle mood shifts or light sensitivity that can indicate a brain injury
Beyond preventing your symptoms from worsening, seeking immediate treatment can help create a record of your injuries.
Avoiding the “gap in treatment” pitfall
Waiting too long to see a doctor can hurt your claim because an insurance adjuster might argue that your injuries were not serious enough to warrant prompt medical care. They may also use the delay in treatment to claim that your injuries were not caused by the car crash.
Having a medical report dated the day of the accident can be the evidence you need to link your injury directly to the collision. Current medical documentation can also help solidify your side of the story if your liability is contested.
Protecting your personal injury claim
After seeing a doctor right away, it is equally crucial to follow your doctor’s orders and attend all recommended follow-up appointments. Failing to do so can seriously hurt or devalue your claim, since the insurer can argue that you were not committed to your recovery.
It is also important to remember that while you have a two-year deadline to file a claim in Ohio, the quality of your proof weakens the moment you leave the accident scene. A lawyer can help you preserve the evidence you need and negotiate on your behalf for a fair settlement.
Regaining your stability after tragedy
In the aftermath of a car accident, your physical and financial recovery simply cannot wait. Getting medical care promptly can place you in a better position to pursue the compensation you deserve.]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[What if your developer never builds the promised amenities?]]>https://www.dwslaw.com/?p=494412026-06-18T15:37:20Z2026-06-18T15:37:20ZWhat counts as a promised amenity?
Developers often advertise future amenities in sales materials and community plans. Those materials can shape buyer expectations, but they do not automatically create a legal duty. To better understand the developer's plans, your board may review:
Together, these records can provide context about the features the developer presented as part of the neighborhood and the expectations those representations created.
Steps an HOA can take
Developers often build communities in phases. Rising costs, funding problems and changes to a project's design can delay work or cause developers to build fewer amenities. As a result, residents may ask why some features remain unfinished and what that means for the neighborhood. As your board gathers information, it may focus on several areas:
Reviewing documents that describe the planned amenities
Confirming whether the developer still controls the HOA
Gathering emails, notices and other updates about the project
Recording statements about the status of the amenities
Identifying procedures for handling disputes
The information your board gathers may help explain whether the unfinished amenities stem from construction delays, changes to the project's plans or other unresolved issues related to the development.
Protecting your community's interests
Unfinished amenities can raise legal and practical concerns for your association. Residents may have questions about common areas, future growth and whether the neighborhood matches the expectations created during the sales process.
Issues like unfinished amenities do not automatically lead to a lawsuit. In many neighborhoods, the first question is what the developer promised and whether the developer still has duties tied to those plans. The answers may show whether the issue ends with an explanation or becomes a dispute between the developer and the HOA.]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[What is the right of first refusal?]]>https://www.dwslaw.com/?p=494392026-06-18T07:15:17Z2026-06-18T07:15:17ZParents who are going through a divorce have to make decisions about how they’re going to handle raising the children. One of the decisions that has to be made is when the child will spend time with each parent. This is set through the parenting time schedule.
While the parenting time schedule will usually work, there are times when the parent who has the children may need to have someone watch them. A right of first refusal clause may be beneficial in these cases because it would give the other parent the opportunity to spend time with the children instead of them having to stay with a babysitter.
How does a right of first refusal work?
The right of first refusal should have terms set in the parenting plan that outline specific requirements, such as when it’s triggered and how long the responding parent has to provide their answer. Typically, the parenting plan would contain a minimum amount of time that care is needed to trigger the right of first refusal. The parent who will need care for the child should contact the other parent as early as possible to let them know of the situation. The other parent should give an answer as soon as they reasonably know the answer. The right of first refusal is only one term that should be included in the parenting plan. Any decisions that both parents agree on should be put in writing to minimize disagreements regarding those matters. Because these cases can be complex, it’s often beneficial for parents to work with someone familiar with their circumstances so they can set everything up based on what’s best for the child.
]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[Does a formal recall end product liability for manufacturers?]]>https://www.dwslaw.com/?p=494372026-06-05T18:03:06Z2026-06-05T18:03:06ZProducts may be defective due to improper design or mistakes during manufacturing. Issues with products may only come to light after consumers begin returning defective products or reporting injuries caused by product failures.
In some cases, businesses initiate voluntary recalls when they learn about design concerns or a defective batch of a popular product. In more serious cases, consumer safety organizations may mandate a recall. Once the recall is underway, consumers may have the option of returning products for a refund or having repairs made to address the defect. Does a recall protect a manufacturer from liability when products cause injuries or property damage?
Liability does not end with a recall
Product recalls can help businesses minimize liability for defective products. Recallsdo not completely protect businesses from defect-related litigation.In some cases, delays during the recall process can lead to consumers being unaware of the recall or unable to have repairs made promptly. Other times, consumers may have already sustained significant losses before a manufacturer initiates the recall. In either scenario, consumers may still have the option of filing a product defect lawsuit against the manufacturer.Litigation can lead to compensation that covers medical expenses, lost income and property damage costs. Consumers hurt by products that were unsafe can hold manufacturers accountable, especially when recall efforts were slow or the company failed to communicate with consumers.Reviewing the defect and the damages it caused, as well as the information about the recall, can help consumers understand their options. Aproduct defect lawsuit is often still an option even after a manufacturer's recall.]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[Understanding step-by-step child custody considerations]]>https://www.dwslaw.com/?p=494072026-05-22T12:41:38Z2026-05-22T12:41:38ZChild custody cases in Ohio can become emotional and complicated for parents who are separating or divorcing. Decisions involving children often affect every part of family life, including living arrangements, education and long-term parenting responsibilities.
Ohio courts focus heavily on protecting the best interests of the child during custody proceedings. Understanding how custody decisions are made can help parents prepare for the process and make informed choices moving forward.
Understanding custody arrangement options
Ohio courts may approve different custody arrangements depending on the family situation. Legal custody determines who has the right to make decisions for the children, such as where they are schooled and which, if any, religion they are raised in. Most often, this is shared between the parents, but a court may award it solely to one of them.Physical custody must also be decided, covering where the child lives and when the parents can see them. Sometimes children switch regularly between parents; other times, they mainly live with one, and the other may get the right to visit them.
Reaching agreements outside of court
Many Ohio custody disputes are resolved through negotiation or mediation before reaching trial. Parents who cooperate on parenting schedules and decision-making often reduce stress for both themselves and their children.Out-of-court agreements may also allow families to create more flexible parenting plans that better fit work schedules, school routines and the child’s daily needs.
Moving forward through the custody process
Child custody proceedings can feel stressful and uncertain for families. Parents who stay focused on the child’s emotional well-being are often better prepared for long-term co-parenting success.Families facing difficult custody disputes or parenting disagreements may benefit from seeking experienced legal guidance to better understand their rights and responsibilities under Ohio law.
]]>On Behalf of DWS Law - Dittmer, Wagoner & Steele<![CDATA[Can bars be held responsible for drunk driving accidents?]]>https://www.dwslaw.com/?p=493872026-05-06T11:44:54Z2026-05-06T11:44:54ZDrunk driving accidents can leave families facing painful injuries, emotional stress and unexpected financial burdens. In many cases, victims are left wondering how a clearly preventable situation was even allowed to happen in the first place.
While the impaired driver is often the primary person at fault, they may not always be the only party that shares responsibility. The law recognizes that businesses serving alcohol also have a duty to act responsibly when serving customers.
Sharing liability for drunk driving accidents
It all begins with dram shop laws. These are civil laws in place to hold bars, restaurants and other establishments financially responsible when they serve alcohol to someone who is visibly intoxicated or underage and that person later causes a drunk driving accident. These laws are designed to encourage responsible alcohol service and help protect the public from preventable harm.For example, if a bartender continues serving drinks to a customer who is clearly impaired and that customer later causes a serious crash, the injured victim may have grounds to pursue a claim against both the driver and the establishment. Evidence such as surveillance footage, witness statements and police reports can play an important role in determining whether overserving may have occurred.These cases can become complicated because proving liability often requires showing that the establishment knowingly served someone who was noticeably intoxicated. Insurance companies may also attempt to minimize responsibility or shift blame away from the business involved. A careful investigation is often necessary to uncover what happened before the accident and identify every possible source of compensation for injured victims and their families.After a drunk driving accident, it is important to understand all available legal options and who may be responsible for the damages involved. Speaking with an experienced legal professional can help victims understand their rights and determine whether a bar, restaurant or other establishment may share liability for the crash.]]>