DWS Law – Dittmer, Wagoner & Steele Gahanna OH General Practice Attorney | Dittmer, Wagoner & Steele LLC. 2026-09-21T03:09:46Z https://www.dwslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104498/2025/08/cropped-site-icon-DWS-32x32.jpg On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[3 considerations for child custody schedules]]> https://www.dwslaw.com/?p=49506 2026-09-21T03:09:46Z 2026-09-21T03:09:46Z Joint physical custody of the children is typically preferred both by separate or divorced parents and the state – since children tend to benefit from the steady presence of both parents in their lives. That means creating a workable custody schedule that determines when each parent is responsible for their child’s daily care, whether that means rotating custody every few days, weeks or months. Before committing to a child custody schedule, parents may need to ask a few questions. These questions can help parents identify issues that may occur when following a custody schedule. Here is what should be factored into a custody schedule whenever possible:

1. How do parental work schedules affect the schedule?

Many parents do not have the luxury of deciding when they go to work or if they work from home. This can create some difficulties when creating a custody schedule. A custody schedule may need to be made around each parent’s work schedule.  Parents may also want to consider when they have custody of their child if they travel often. Parents who travel often for work may have custody of their child every other month instead of every other day. 

2. What is the child’s school and vacation schedule?

Parents may need to consider when their child goes to school when creating a custody schedule. What time of day a child goes to school or leaves school can determine which parent is responsible for dropping off and picking their child up. Vacation schedules, too, may be important to think about.  For some people, parents may rotate custody of their child when their child leaves school. In other words, one parent may be responsible for dropping off their child to school and the other parent may be responsible for picking their child up after school. Parents may split vacation and holiday breaks, or rotate them, depending on their preferences and ability to work together.

3. How far apart do the parents live from each other?

Distance can create issues when creating a child custody schedule. The farther parents live, the farther they have to drive to pick up their child and the more disruptive switches are to a child’s routine. If parents live close to each other, a highly flexible custody schedule can work. When they live at a distance from each other, it may be more appropriate to have one parent have custody during the school year, while the other has custody for long breaks and summer vacations. Parents can reach out for professional legal guidance to discuss their child custody schedule options. Creative solutions are possible to many custody situations. ]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Physical and legal child custody are much different]]> https://www.dwslaw.com/?p=49488 2026-09-03T15:48:22Z 2026-09-03T15:48:22Z Dividing custody of children is one of the main components of a divorce case for parents. There are cases where sole custody will be given to one parent or the other, but many cases involve shared custody. From a physical perspective, this often means that parents need to establish a schedule. Will they exchange the children once a week, or more or less frequently? Where will the exchanges take place? Do they need a separate schedule for the summer months, when the children are not in school? Each parent has a right to live with the child and spend time with them, as well as an obligation to take care of them, so the physical custody arrangement establishes how this should happen.

Making decisions for those children

But the legal side of this custody arrangement focuses on the power parents have to make important decisions for their children. Key areas that may be considered include:
  • Education
  • Healthcare
  • Religion
  • Finances
When parents share legal custody, they do still need to work together and make these decisions jointly. When one parent has sole custody, then they have the right to make the decision on their own. But one key thing to keep in mind is that physical and legal custody are separate areas of the overall agreement. They can be divided differently, such as one parent having sole legal custody but sharing physical custody. They also govern much different areas of the children’s lives and define different legal obligations and responsibilities for the parents. Navigating such a complex system can be complicated during divorce, so it is important for parents to know exactly what legal steps to take.  ]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[What evidence should you collect at the crash scene?]]> https://www.dwslaw.com/?p=49484 2026-09-02T17:21:51Z 2026-09-02T17:21:51Z Essential evidence to gather at the scene Start collecting as soon as you can safely move around the scene. If you can’t move around, ask someone to help you gather evidence. Every piece of information helps prove what happened and how the other driver was at fault. Here's what to prioritize:
  • Photos of vehicle damage: Capture all angles of every vehicle involved, including close-ups of dents, scratches and broken parts.
  • Road conditions and traffic signs: Take pictures of the entire intersection, lane markings, traffic signals and any weather conditions like rain or ice.
  • Injuries you sustained: Document any visible cuts, bruises or swelling on your body right away.
  • Witness contact information: Write down names, phone numbers and addresses of anyone who saw what happened.
  • Dashcam footage: Check your dashcam right away and save or back up the footage before it records over itself.
  • 911 call records: The 911 call creates a timestamped record of the crash, so request a copy as soon as possible.
  • Police report: Ask the responding officer for the report number so you can access the official account of what happened.
If the accident happened in a commercial or residential area, there may also be security camera footage from surrounding stores or houses. Each of these pieces of evidence create a timeline of events that insurance companies and courts rely on when determining fault and damages.

Make sure your evidence holds up over time

Time works against you after an accident. Security footage from nearby businesses typically gets erased within 24 to 72 hours. Traffic camera recordings often disappear even faster. Contact nearby stores, gas stations or restaurants right away to request their surveillance footage. Send a formal written request and follow up with phone calls. Back up your photos and videos to multiple locations, like your phone, computer and cloud storage. Don't rely on just one device. Lastly, keep all physical evidence, like damaged clothing or gear, exactly as is.

Protect your right to fair compensation

Collecting evidence is only half the battle. How you preserve and present all that information determines whether it helps or hurts your claim. Mishandled evidence may still weaken a strong claim. An experienced personal injury attorney knows exactly what courts accept and how to protect evidence from challenges. Getting legal guidance early puts your car accident injury claim in a stronger position for a fair recovery.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Can a bar be legally responsible when a customer causes a crash?]]> https://www.dwslaw.com/?p=49471 2026-08-23T16:57:24Z 2026-08-23T16:57:24Z When can an Ohio bar be held responsible? Ohio's Dram Shop Act addresses when a liquor permit holder may be liable for injuries caused by an intoxicated person. For a crash occurring away from the establishment, an injured person must prove the establishment or one of its employees knowingly sold alcohol to a noticeably intoxicated person and that the person's intoxication was a proximate cause of the resulting injury, death or property damage. This means that simply proving the driver drank at a particular bar before getting behind the wheel is not necessarily enough.

Is the drunk driver still responsible for the accident?

Potential liability involving a bar does not erase the driver's own responsibility. A driver who chooses to operate a vehicle while impaired may remain liable for injuries and other losses caused by the collision. Depending on the circumstances, a claim involving an alcohol-serving establishment may provide another potential source of recovery, rather than replacing the claim against the driver. Ohio law requires an injured party to establish a connection between the intoxication and the resulting harm when pursuing an off-premises claim against a liquor permit holder. Therefore, it is often beneficial to speak with a legal practitioner who can help establish if the facts support a claim beyond the liability in re: intoxicated driver in such cases.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Wrong-site, wrong-procedure and wrong-patient surgical errors]]> https://www.dwslaw.com/?p=49469 2026-08-05T13:32:39Z 2026-08-05T13:32:39Z Surgical errors are extremely dangerous. They can cause physical harm, long-term disability or even death. Patients and families are negatively impacted yearly due to the consequences of errors that should have never happened. Wrong-site, wrong-procedure and wrong-patient surgical errors are among the most commonly reported ones.  Here is what to know about these types of surgical errors:

Wrong-site

Wrong-site surgery is when a procedure is performed on the wrong body part or on the wrong side of the body. For example, on the right eye instead of the left one. Or when a surgeon removes a healthy organ, such as the right kidney, instead of the diseased left one, or operates on the correct organ, such as a limb/spine, but on the wrong specific spot/level.

Wrong-procedure

Cases of a surgeon performing a different procedure than the one the patient needed or agreed to are often reported. For example, performing a gallbladder removal instead of a scheduled hernia repair or a hysterectomy when the patient only agreed to a fibroid removal.

Wrong-patient

With a wrong-procedure surgical error, the right patient gets an incorrect procedure. With a wrong-patient error, the wrong patient is operated on. Thus, the patient on the operating table is entirely the wrong person, which inherently means they are receiving the wrong procedure. 

Causes of surgical errors

Several factors contribute to these surgical errors. These include miscommunication among healthcare providers, inadequate pre-operative planning and rushed procedures. For example, a mix-up in charts, unclear handoff between staff, no site markings, skipping the time-out and fatigue cause many surgical errors. Wrong-site, wrong-procedure and wrong-patient surgical errors are classified as never events. They are entirely preventable, yet they keep happening. If a surgeon acted negligently, harming you or your loved one, obtain more information about the next steps to take.    ]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Who may be responsible after a multi-vehicle crash in Ohio?]]> https://www.dwslaw.com/?p=49455 2026-07-28T11:08:33Z 2026-08-04T12:00:19Z The moments after a multi-vehicle crash can feel chaotic. A driver may try to understand what happened while dealing with injuries, damaged property and the shock of a collision that unfolded in seconds. As the immediate concerns begin to settle, another challenge often emerges: determining who caused the harm and who should take responsibility. Unlike a typical two-car accident, a crash involving several vehicles can involve a series of actions that contributed to the outcome. One driver’s mistake may have started the collision, while another driver’s actions may have made the impact worse. For injured individuals in Ohio, identifying the people whose actions contributed to the crash can be a critical part of seeking recovery.

How fault is determined after a multi-vehicle crash

Determining responsibility after a multi-vehicle crash requires a close review of the events leading up to the collision. In some cases, one driver may have caused the initial impact. In others, several drivers may have contributed through actions such as speeding, following too closely, distracted driving or failing to follow traffic laws. Ohio follows a modified comparative fault system, which means multiple people may share responsibility for an accident. An injured person may still recover compensation if they share some responsibility for the crash, as long as their percentage of fault stays within Ohio’s legal limit. However, their compensation may decrease based on their percentage of fault. Because of this, identifying every factor that contributed to the crash can play an important role in a personal injury claim. Evidence from the accident can help reveal what happened and why the collision occurred. This information may include:
  • Police reports that describe the crash and any citations officers issued
  • Photos or videos showing vehicle damage, traffic signs and road conditions
  • Statements from drivers, passengers and people who witnessed the collision
  • Medical records that connect injuries to the accident
  • Vehicle records or other evidence that explains how the crash occurred
Insurance companies review this information when deciding how to handle a claim. However, determining responsibility can become more challenging when multiple drivers are involved and their versions of events do not align. A careful review of the evidence can help clarify each person’s role in the collision.

Understanding options after a complex collision

When several vehicles are involved in a crash, recovery may require more than addressing immediate injuries. Injured individuals may need to manage medical care, financial concerns and questions about who contributed to their losses. Understanding how the collision happened and who contributed to it can help injured drivers and passengers make informed decisions about their next steps. A personal injury attorney can evaluate the evidence, explain how Ohio law applies and help identify the parties whose actions contributed to the crash.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Does filing first give you an advantage in divorce?]]> https://www.dwslaw.com/?p=49453 2026-07-23T06:54:15Z 2026-07-23T06:54:15Z Filing 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=49451 2026-07-15T11:35:51Z 2026-07-15T11:35:51Z If 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=49448 2026-06-30T13:12:51Z 2026-06-30T13:12:51Z Drunk 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 Constitution protects 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 a drunk 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=49446 2026-06-30T03:43:17Z 2026-06-30T03:43:17Z Car 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.]]>