Cooper & Elliott Blog

For Justice in a Personal Injury Case, There’s No One-Size-Fits-All Strategy

Posted on Tue, Jan 20, 2015 @ 2:44 PM

One thing is consistent about our cases: no two are alike. That means we have to closely look at each personal injury case based on its own unique circumstances in order to best serve our clients. The case that follows is a perfect example. By looking beyond the conventional wisdom for such incidents and crafting a strategy based on the specific details of the case, we were able to help a young man find justice — and an opportunity to rebuild his life.

Steve’s life was changed forever

Steve Olson*, 21, was a student at Ohio State University. One night, as he was leaving a local bar on campus, another patron began yelling at him. Apparently the angry patron had mistaken Steve for somebody who had caused an argument in the bar.

The angry man rushed out of the bar’s back-patio emergency exit and shouted at Steve, and as Steve turned around the man sucker-punched him in the face. Steve fell and smashed his head on the ground, sustaining such severe trauma that doctors initially told his father he would likely die.

The good news was that Steve lived. However, he had lost all hearing in his right ear and much in his left, and he spent the next few years recovering from complications caused by the attack.

Identifying the negligence

Working as Steve’s personal injury attorneys, at first glance our next step would seem clear: pursue action against Steve’s attacker. But in the course of the events above, there was a crucial piece of information that changed our strategy. The angry bar patron didn’t just leave the bar on his own. The bar’s security personnel willingly allowed the enraged attacker to leave the bar through an emergency exit so he could chase Steve down.

Think about it: Why does a bar have security? To control crowds, make sure fights don’t break out, and ensure people don’t get hurt. But what happened on the night of Steve’s attack? A man was screaming over the fence trying to get at Steve, and rather than trying to calm the situation down, a security person opened an emergency exit and let the angry man run out.

We argued that the security person’s negligence was tantamount to putting a bullet in a gun, because his actions led directly to Steve being harmed.

Competing arguments: Where was the negligence?

When we sued, the bar and its liability insurance company refused to take responsibility for what had happened.  The insurance company argued that since Steve’s injury clearly hadn’t taken place on the bar’s property (it had been outside, near a public street), any negligence by the bar also hadn’t occurred on the bar’s property. By this logic, the bar — and the insurance company — would be off the hook for damages.

And truthfully, other personal injury lawyers might likely have looked at this case and agreed with the insurance company.

That didn’t seem right, so we made a creative argument. While the injury might have occurred off the property, the negligence occurred on the property when that bar’s security personnel allowed a large, drunken, hostile patron out through its emergency exit. Once the insurance company’s lawyers realized there was a good chance our argument would win, the insurance company settled the case.

The result? Steve received a substantial settlement without having to fight in court, which could have taken years to finalize. Steve’s attacker also spent some time in jail for the assault.

A personal injury case’s best outcome

While a substantial settlement sounds good, that money actually supports the real victory. A permanently impaired young man — someone who couldn’t get back to college, who almost died, and who had lost two years of his life — now had the means to get back on his feet again.

And justice wasn’t important only to Steve. Throughout the whole ordeal, his parents and siblings had been through an emotional wringer. With the settlement and end of the case, they too could breathe a little easier about Steve’s future.

Getting involved

This personal injury case was significant to us for a couple of reasons. First, it reaffirmed how justice can be served by creative thinking, a close look at the details, hard work, and going the extra mile.

Why did we go that extra mile to find justice for Steve?

The answer: personal involvement. When we took on Steve’s case, we also took on Steve and his family. We watched their struggles, tried to understand their pain, and provided moral support and advice wherever we could. We did our best to see the situation through their eyes.

When you make the effort to stand in somebody else’s shoes after such a tragedy and fully understand what they’re going through, you become invested. That is why we take on personal injury cases like Steve’s, and that is why we exhaustively look for any possible way to ensure our clients receive the justice they deserve.

It’s what any of us would do for the people we care about.

*Names in this article have been changed to protect our client’s privacy. 

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

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