Why We Pursue Legal Malpractice Cases

When you see a physician for treatment, you’re going into that relationship with a lot of trust. You trust that the physician has the expertise you need or will refer you to a specialist who does. Above all, you must trust that your physician knows and meets the standard of care established by the medical profession. If a physician fails to meet the standard of care, and his or her patient is harmed as a result, it could constitute medical malpractice.

The same dynamic exists between attorneys and their clients who’ve been harmed by legal malpractice. Luckily, our legal system provides a recourse for both types of harm.

It’s called legal malpractice

When you hire an attorney, you come into the relationship with two things: a legal issue that needs resolved and a great deal of trust in the attorney you are hiring.

How “good” is the attorney you’ve hired? You may have referrals from friends or business associates, people you believe you can trust. When taking referrals, consider how many attorneys the referrer has worked with to form a reasonable benchmark for comparison. You might ask how many attorneys they have seen in action?

In fact, there is no quantifiable way of measuring how “good” an attorney is or how one attorney stands competitively against others, the way you could say that one runner is faster than others in a race.

Much like you can’t measure prosecuting attorneys by convictions versus acquittals, you can’t rate civil litigation attorneys by their “batting average” in winning cases. All cases are different and nearly every case is subject to unpredictable twists and turns that make the idea of certainty very subjective.

So how is a client to know, when a case turns sour, whether the problem was legal malpractice? The idea of “standard of care” applies here, just as a similar standard applies to physicians.

What is legal malpractice?

Whether in civil or criminal litigation, legal malpractice occurs when a lawyer’s performance falls below the standard of care. “Standard of care” defines an attorney’s legal and ethical boundaries. It’s a “rule book” of sorts that defines what attorneys can and can’t do to advocate for their clients and what they are expected to do to protect the trust their clients have invested in them—and in the justice system.

The legal standard of care is a standard for competency, not for quality. An attorney can be competent according to the standard of care—doing everything he or she is supposed to do for a client—and still not be as knowledgeable, thorough, and creative as an opposing attorney.

That’s not legal malpractice. There’s no law against not being as good as the other guy and losing a case does not mean that legal malpractice was the cause (in fact, it rarely is).

But there may well be a case of legal malpractice when an attorney:

  • Misses deadlines in filing critical documents through ignorance, procrastination, or laziness
  • Damages a client’s case due to fraud or conflict of interest
  • Carelessly loses essential documents
  • Withdraws from a client’s case improperly (such as doing so without informing the client or the court)
  • Fails to know or to apply the law

These are just some of the triggers. Frankly, many law firms won’t touch this kind of case, but we believe we have a duty to help clients who have been injured by legal malpractice.

Serving justice by serving those wronged through legal malpractice

We’ve talked before about how to choose a civil litigation attorney. Doing that kind of basic research, either online or through the court system, can tell you a lot about an attorney. Face-to-face interviews—where you can learn what kinds of cases they have handled, how many, and what has made them successful—will go a long way to inform you about how they think, how they work, and how comfortable you will feel in extending your trust to them.

And though the process of vetting an attorney is well worth the effort when you consider what’s at stake, there is still no guarantee against legal malpractice.

When a client is injured by an attorney’s negligence, we feel strongly about taking on that case for the sake of the injured party. In a civil litigation case, justice may take the form of helping people get the compensation they need to rebuild their lives. In a criminal case, it may look more like making amends for months or years of a person’s life that’s been lost behind prison walls due to malicious prosecution or a neglectful defense.

If attorneys fail to perform to the minimum standard of care, don’t their clients still deserve justice? We think so. And we believe that others in our profession should be willing to step up and protect the integrity of the legal system we all depend on as well.

If you have been injured through legal or medical malpractice that calls for civil litigation, don’t hesitate to give us a call. We’re here to help.

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

Fighting Legal Malpractice for Immigration Justice

Every case and every client comes with a unique, and often compelling, story. This one, we’re happy to report, comes with a happy ending. But, when we first began this journey with our client, there was nothing easy or certain about it.

When you talk about the “best and the brightest” emigrating to the United States, Sandeep Chaundhry* and his family met that standard in every way. A hard-working IT professional who came to America legally, Sandeep had arranged, through the attorney recommended to him by his company, to have his work visa extended as required by law.

Legal malpractice creates an immigration nightmare

A unique aspect of immigration law is that on some occasions, an immigration attorney can simultaneously represent the immigrant and the entity sponsoring his or her visa. In this case, Sandeep’s company was sponsoring his visa. So, as the applicant for the extension, his company hired an attorney who in turn came to represent Sandeep as well.

We want to point out that it’s relatively rare for an attorney to have such “dual representation.” The question is: what happens when the company and the immigrant have competing interests? Where should the attorney’s loyalties lie?

Sandeep did everything he was supposed to do to keep his status current. His attorney, unfortunately, did not. Because of the attorney’s missed deadlines, Sandeep and his wife were being threatened with deportation back to India. And to make matters worse, the couple could have been deported without their two young sons, who were both American citizens.

For Sandeep and his family, the American dream had spiraled into a legal and bureaucratic nightmare—one fueled by the lies and negligence of others.

Seeking protection and justice through Ohio civil litigation attorneys

This is when Sandeep came to us for help. He was forced into unemployment because of the uncertainty of his immigration status. Unable to work, and at the mercy of his attorney, he and his family depleted their savings account and were forced to charge basic living expenses to credit cards. He was exhausted from stress and gaunt from limiting himself to one meal a day to ensure his children would be fed.

We were certain that Sandeep had been the victim of legal malpractice. We also discovered evidence that his employer had been warned about his immigration status but had failed to alert him. Instead he consistently received lies and false assurances from his attorney and his company.

We initiated lawsuits against them both.

Two victories that changed everything

Both sides denied any complicity in the Chaundhry family’s woes and blamed the other party. But the evidence said otherwise. Ultimately, we were able to win significant settlements from both defendants.

The immigration attorney whose negligence set the whole thing in motion initially denied any wrongdoing. Eventually, that attorney agreed to provide a Lozada affidavit: an admission that the client had been diligent in his efforts to fully comply with immigration law and that he—the immigration attorney—had been responsible for the Chaundhry family’s problems with immigration authorities.

From Sandeep’s former employer, we sought a significant financial settlement, one that would not only compensate Sandeep for two years of unemployment but also for the significant loss of income that he would have to face by being forced to return to India.

Immigration law provides that, because he had failed to file properly for a legal extension and had overstayed his visa (on advice of his immigration attorney), Sandeep would be barred from returning to the United States for ten years. What he could earn in India was a fraction of his earning potential in the United States, and we built that difference—as well as the expenses associated with deportation—into the settlement we ultimately reached with the employer.

The settlement provided much-needed financial relief for the Chaundhry family, but it couldn’t prevent their deportation. We had been advised of that early on and openly shared that reality with Sandeep.

To India and back

The Chaundhry family (including, thankfully, the boys) were forced to return to India but maintained the hope of one day coming back to America. Sandeep loved this country and what it stands for. He appreciated the professional opportunities it offered him, and he wanted his sons to be raised and educated here.

A couple months after resettling in India, Sandeep wanted to begin the process of attempting to return to the United States. He went to the U.S. consulate and presented all the documentation from his case, including the Lozada affidavit.

Then he was stunned.

The consulate officials looked at his application and his evidence and stamped approval for his return to the U.S., waiving the ten-year waiting period. He found an employer who would sponsor him for a green card, giving him the right to permanent residence and, eventually, the opportunity for naturalization.

Sandeep is working again in the United States. His family is now living in Des Moines, Iowa and we keep in regular contact.

If you have been injured through legal or medical malpractice that calls for civil litigation, don’t hesitate to give us a call. We’re here to help.

*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.

One School’s Negligence Perpetuates Teacher Misconduct

As Ohio civil litigation attorneys representing injured children, we have learned that “injury” has many different forms. Sometimes wounds are obvious—in other cases, the pain is emotional and less obvious, but no less damaging to young victims.

This is especially true where parental or teacher misconduct is involved. Sometimes, the mental and emotional damage caused by the wrongdoing can be further exacerbated by shame or perceived reputational damage when the identities of victims are made public.

In the case described below, it was our responsibility to bring teacher misconduct and its harm to light—and do so without causing further harm to the victims.

A well-loved teacher crosses the line

Our firm represented the families of several young girls who had been victimized to varying degrees by their elementary school teacher, Matt Dixon*. Mr. Dixon was beloved by his students and well-respected by the school system and fellow faculty members. Fortunately (in this case), the abuse did not extend to direct sexual relations with the students. Suffice it to say that Mr. Dixon’s relationship with the girls still fell dangerously outside the realm of normal classroom interaction and his actions exceeded what would be considered acceptable behavior between a teacher and school-aged girls.

What’s more disturbing, is that these were not the first incidents of teacher misconduct Mr. Dixon had been involved in.

Avoiding the warning signs of teacher misconduct

Even in his previous position at a different school, there were accusations made against Mr. Dixon of engaging in inappropriate behavior with female students. Like many predators, he identified particularly vulnerable girls and groomed them to become increasingly receptive to his “special” attention: holding them, flattering them, bringing them to his home, and engaging in after school activities with them without parental knowledge. Once groomed, he continued personal, out-of-school relationships with the girls throughout grade school, though they were no longer his students.

For nearly a decade, Mr. Dixon thrived in the classroom despite parents’ reports of misconduct. He had an outstanding record in the classroom and was very popular among his peers and students. Because of his reputation, the school system failed to recognize the signs of his inappropriate behavior. The school’s attitude was that such an accomplished teacher would never do anything to jeopardize the well-being of his students.

Though the school was aware of these reports, it continually dismissed them and no official documentation was ever added to Mr. Dixon’s file.

A civil litigation resolution without further child injury

When we were approached by the families, we set to work immediately to resolve the issue in a way that best suited their needs, including protecting, as much as possible, the anonymity of the girls involved.

That meant first taking steps that would avoid a lengthy—and very public—lawsuit.

Once we gathered the facts of the case (including recovering video tapes of some of Mr. Dixon’s activities with the girls), we determined that the best way to protect the confidentiality of the students and their families was to negotiate directly with the school system. Instead of a day in court, the parents desired confidentially. They wanted to challenge any claims of ignorance on the part of the school system and compel it to accept responsibility for its inaction and failure to protect the children entrusted to its teachers.

We met multiple times with the superintendent, presented a list of demands, and talked through the issues of the case.

Ultimately, we were able to avoid filing a public lawsuit by negotiating a pre-suit resolution that brought about settlements between the school board and the families, and dismissal of the teacher. (He was subsequently convicted of criminal charges and is serving time in prison.) The negotiations also resulted in policy changes to the school system’s guidelines in order to more efficiently identify teacher predators and protect vulnerable students.

Protecting children’s futures

Civil litigation cases involving children require great sensitivity in terms of the long-term impact on the families and victims involved. Cases such as this one need additional care to preserve, as much as possible, the privacy of the victims.

The daughters of the families we represented were able to maintain their anonymity, remain in the same school, and resume their normal lives as children and students without being labeled as victims of sexual abuse.

The parents, meanwhile, were able to express their justifiable outrage with the school authorities, effecting changes in school policy that were necessary and reasonable.

In the end, justice was served in multiple ways. First, by protecting our clients’ children and halting their teacher’s behavior. Also, by helping to make schools safer for future students (this latter point is also therapeutic for the families whose lives had been upended by such a significant breach of trust). This multi-faceted result is the kind we strive to achieve for all our clients and their families.

If you require assistance with an injury or wrongful death case involving a child, don’t hesitate to reach out. We’re here to help.

*For the protection of the children involved, names of any participants in this case have been omitted and certain details have been withheld.

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

Ohio Civil Litigation Attorneys Act Quickly to Fight Disability Discrimination

Civil litigation isn’t only about seeking compensation for damages. It can also serve the purpose of preventing damage by using the power of more immediate protections such as temporary restraining orders and preliminary injunctions. These legal tools can help keep a precarious situation from getting worse. The case that follows illustrates just how important those protections can be.

A therapy dog’s purpose

Madeleine, a sophomore at The Ohio State University, required the assistance of Cory, an 8-year-old service dog, to help her deal with panic attacks severe enough to restrict her breathing and, at times, render her immobile. Madeleine trained Cory specifically to help her cope with panic attacks.

Because Madeleine needed Cory to be with her at all times, she filed the proper paperwork with the university to allow her to have a service dog accompany her on campus. She also sought—and received—approval for Cory to stay in the Chi Omega sorority house where she planned to live during the school year.

Complaints and an arbitrary decision

But another resident of the sorority house objected, complaining that the dog’s presence in the house triggered her allergies.

Unable to resolve the issue amongst themselves, the students sought a decision from the university. Unfortunately, the university arbitrarily ruled in favor of the other sorority sister because she signed her lease first.

This carelessly made decision did not reflect the guidelines established under the Americans with Disabilities Act (ADA). Madeleine’s affliction was a disability, and Cory’s presence was a medically accepted therapeutic aid—precisely the kind of aid the ADA was enacted to protect.

Living without Cory was not an option for Madeleine, neither was moving out of the sorority house. As a chapter vice president, she was required to reside in the sorority house to fulfill her duties. In addition, moving to campus housing would diminish the value of her college experience.

The university offered Madeleine no opportunity to appeal its decision and she was given a deadline by which to decide: leave with Cory or stay without him.

And decide she did—to pursue another course of action.

A clear case of disability discrimination

When Madeleine came to us, it was clear she had an urgent need to have her rights recognized and honored.

According to the guidance and regulations set forth by the ADA, an animal allergy does not provide a valid reason for barring a service animal like Cory from the premises. In addition, there was insufficient medical documentation to support the other student’s claims of an allergic reaction to the dog.

We approached the university about these discrepancies, but the ADA coordinator would not revisit the decision to compel Madeleine to remove the dog from the house. So we filed a lawsuit to protect Madeleine’s rights.

Time for a temporary restraining order

The biggest factor working against Madeleine’s case was time. A discrimination lawsuit would require months to resolve. By then, the school year would be completed and winning the case at that point wouldn’t do Madeleine much good.

We sought a temporary restraining order (TRO) to prohibit the university from removing Madeleine or the service dog from the house and disrupting her academic year. A TRO is essentially a “time out” that keeps everything in place for a short period of time. In this instance, it prevented the university from removing Madeline and Cory from the house. But a TRO is just what the name implies: temporary.

So, we also filed for a preliminary injunction to maintain the status quo of Madeleine’s situation until a final court decision could be rendered. It involved preparing the case—conducting discovery, reviewing appropriate case law, and interviewing potential witnesses. It was the only way to protect Madeleine’s rights and ensure that she received the college experience she deserved.

Justice through a preliminary injunction

The hearing for the preliminary injunction took a day and a half. Madeleine was there for the duration, with Cory in her lap. In the end, she was able to leave with good news: the preliminary injunction was granted, ensuring that she and Cory could remain in the sorority house until the trial was completed—and more importantly—until the rest of the school year was completed.

That injunction in itself was a “win” for Madeleine. There would be no trial, as the situation that had generated the need for a lawsuit would change with the close of the school year.

But there was a bigger issue that both Madeleine and our civil litigation attorneys recognized: the ADA exists to protect the rights of disabled citizens, but that protection is only as good as the commitment of those responsible for enforcing it. When that commitment gives way to expedience, the result can easily lead to disability discrimination. To its credit, the university came to recognize that.

As part of the settlement, the university agreed to allow Madeleine to participate in policy discussions regarding how the university would accommodate service animals for students in the future. Bringing the perspectives of students with disabilities into those discussions demonstrates a willingness on the part of the university to protect the spirit of the ADA and do what’s best for its students.

Everyone’s rights deserve to be observed and respected, and we’re willing to do what it takes to fight for that equality on behalf of our clients.

If you find yourself in a situation that involves disability discrimination, don’t hesitate to reach out to us. We’re here to help.

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

Tips for Finding the Right Civil Litigation Attorney

Most people who find themselves in need of a civil litigation attorney have one thing in common: they are overwhelmed. In addition to facing immediate financial burdens as a result of malpractice, personal injury, or losing a loved one, they are engulfed in feelings of fear and uncertainty, or even intense grief.

Amid all that anguish, victims are expected to find an attorney who will guide them through the intricacies of the legal process to achieve their objectives. But where do they begin? What criteria make one lawyer not only better than another, but better suited for a particular client in a particular situation?

Whether you’re currently in a situation that requires civil litigation or are just the kind of person who likes to be prepared, we have some suggestions on how to select the right attorney.

Look for civil litigation attorneys who genuinely listen

The first step in the civil litigation process is usually the same: you meet with an attorney, discuss the details of the case, and the attorney does an evaluation on whether litigation would be successful.

In that initial meeting, you, as the prospective client, should do most of the talking. The attorney’s role is to ask questions and listen.

Most attorneys will offer an initial consultation at no charge (if they insist on charging for that initial meeting, you should probably move on). That consultation may require only 15 minutes or so, but to fully understand your case and needs, it could take an hour or more of careful listening. Essentially, the meeting should last as long as it needs to.

After that first session, ask yourself these questions: The attorney might have been “hearing” me, but was he or she really listening? Was the attorney genuinely engaged in what I was saying? Was the attorney taking notes and probing for more details? Was the attorney’s focus on me and my needs, or on the clock?

The answers to those questions can say a lot. It’s been our experience that attorneys who listen and invest their attention in prospective clients are far more likely to stay attentive throughout the life of your case.

Look for civil litigation attorneys who will go the extra mile

Cases are as different and individual as people. Some are tougher than others. Some are more complicated and demanding. As a result, sometimes lawyers can’t accurately project how many hours and resources will be needed.

That’s why you want an attorney who is willing to go wherever the case leads and won’t simply follow the path of least resistance (for a quick settlement). Ask the prospective attorney about cases that turned out to be more complex than initially anticipated. Ask for examples where the attorney demanded more from obstinate defendants, or had to find a “creative” approach to win over a jury or convince the defendant to agree to more equitable compensation.

Look for civil litigation attorneys who know when to say ‘no’

There is something to be learned by asking attorneys which cases they don’t take on. Will they take on types of cases they’re not experienced in? (Our Ohio civil litigation attorneys are experienced in in wrongful death, personal injury, business, and legal and medical malpractice cases.) Will they decline a case because it doesn’t look easy or lucrative enough? Or do they turn nothing down?

That last one could actually be a red flag for prospective clients. It often isn’t in the best interest of clients to pursue cases that, for one reason or another, have little chance of succeeding, or don’t really involve civil litigation issues. For example, we recently met with a woman whose adult son died from head injuries sustained when he fell off the back of a pickup truck. The death was ruled accidental, but the mother felt strongly that the police investigation hadn’t been properly conducted. We understood her pain and anger, but it wasn’t a case that could be resolved by civil litigation. In this instance, we referred her to more appropriate resources that could potentially help her pursue her suspicions.

That’s what responsible attorneys should do. Whether through providing referrals or offering a sympathetic ear, we aim to help people who approach us, even if the answer isn’t litigation.

Look for civil litigation attorneys who understand the need for healing

Lastly, there are attorneys who look at a case almost exclusively in terms of the potential size of a monetary settlement. But for many victims, money isn’t enough to compensate for the damages they’ve incurred. Often the victims or survivors want to find answers and meaning in a tragedy that should never have happened. To that end, ask prospective attorneys whether they’ve ever successfully negotiated settlements that, beyond financial compensation, involved policy changes. Were they willing to negotiate for changes that would help correct the conditions that caused their client’s injury?

Civil litigation is about beginning the healing process. Attorneys who care about advancing that process tend to listen better and go further for their clients. If your initial consultation suggests to you that an attorney can’t meet those basic obligations, you have every reason to continue your search.

If you find yourself in a situation that involves malpractice, personal injury, or a wrongful death, don’t hesitate to reach out to us. We’re here to help.

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

An Uninsured Auto Dealer Is Held Accountable for Personal Injury

The purpose of test driving a car is to discover the truth about it before you make a purchase. In the case of this fateful test drive, multiple truths were revealed about the unscrupulous business practices of one Columbus auto dealer.

One day, a small, independent auto dealer sent a prospective buyer on a test drive. While out on that test drive, the driver T-boned another car, seriously injuring a young woman named Crysta*, a backseat passenger. Crysta sustained multiple injuries that required an extended hospital stay, months of physical rehabilitation, and resulted in significant medical bills. Her plans of soon starting school were dashed—as were any expectations for enjoying her early adult years in a normal fashion. Crysta came to us for help.

Because the driver was on a test drive, the liability issues became more complicated.  Normally, this kind of crash would involve negotiating with the driver and auto dealer’s insurance company. As the victim’s personal injury attorneys, we would soon learn that this case wouldn’t be that simple to resolve.

The dealer had been quietly operating without insurance.

Unethical practices lead to personal injury

There were many obstacles to getting just compensation for Crysta, who was dealing with a wave of medical bills she shouldn’t have to pay.

Not only was the dealership operating without insurance, but it had loaned out the automobile for the test drive without verifying if the prospective customer had a valid driver’s license (he didn’t). The immoral behavior didn’t stop there. After the accident, an employee of the dealership suspiciously whisked the driver away from the scene. Later, the dealership produced papers falsely documenting that the car had been sold prior to the accident, in an attempt to avoid liability.

After hearing testimony in a damages hearing, the Court entered a significant judgment against the dealer and the driver. However, the dealership was operating out of a trailer along with several other small auto dealerships. There were no real assets to pursue.

While we were able to reach a settlement with the driver, which was a start, it didn’t begin to cover the medical costs and economic losses Crysta had suffered.

A rare legal remedy for a personal injury victim

It felt wrong to end things there, with our client having suffered so much and the dealership having paid nothing for its actions. So we worked harder.

We dug further into Ohio law to find a meaningful path to justice for our client. Ultimately, we uncovered a possible remedy: an existing statute that was rarely invoked (and, to our knowledge, had never been applied successfully in court). The statute requires used motor vehicle dealers in Ohio operating in the same location to agree to be jointly and severally liable for any damages arising from the actions of any one of the dealerships.

The various dealerships in this case were legally bound to file certificates of compliance with the state, acknowledging and accepting their intertwined legal relationship. On behalf of our client, we sued all the dealerships operating at that location, as well as the individual members of the LLCs who owned them.

It turned out that none of the other dealerships had insurance either. The individual owners, however, had assets and businesses they wanted to protect. We therefore were able to negotiate a settlement (in lieu of going to trial) from multiple individual contributors.

Personal injury attorneys know where there’s a law, there’s a way

There are two points to this story.

Point #1: The law is full of remedies. Sometimes they are obvious. Other times, hard work and perseverance are required to discover an acceptable solution.

Point #2: Creativity should be part of a civil litigation attorney’s arsenal, both in the courtroom and outside of it. Sometimes that means finding a statute, however obscure, that provides the best possible remedy for a case.

The settlement has helped Crysta get out from under the mountain of debt and move on with her life. She has been able to resume her education and is on her way to recovering the quality of life that had been taken away from her.

If you or someone you know requires the legal assistance of a creative and determined team of personal injury attorneys, don’t hesitate to reach out to us. We’re here to help.

 *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.

The Boundaries of Civil Litigation: What Attorneys Can and Can’t Do

All civil litigation starts with a victim, one who has suffered due to another’s misjudgment, malice, or negligence. It’s the job of civil litigation attorneys to facilitate the victim’s healing, physically and emotionally, through compensation, which may or may not involve a monetary settlement.

Due to certain limitations of the legal system, there are some things civil litigation attorneys can’t do to achieve compensation for the clients they represent. When people come to us as victims of a wrongful death or personal injury, they don’t necessarily know or care about such restrictions. They simply want justice. And of course, we do all we can to help them achieve the justice they deserve.

Here, then, is a quick overview of what Ohio civil litigation attorneys can do for their clients, as well as some limits to our advocacy.

Civil litigation versus criminal prosecution

Many times, clients come to us with the belief that what was done to them was a criminal act. That may in fact have been the case, but civil litigation attorneys cannot bring criminal charges against anyone. Only a public prosecutor can do that.

If clients believe that a crime has been committed, the proper path for justice is to report the incident to the police and then let the criminal justice system follow its process of investigating, indicting, and prosecuting the offenders.

Civil litigation attorneys have no direct role in that process, but there is something we can do (and have done): We can support our clients through the criminal process. If clients need support while they’re attending a criminal trial, or simply would like us to serve as a liaison between them and police investigators or the prosecutor’s office, we’re there for them.

Lawyers are not physicians

Though we regularly interact with medical professionals, we’re not doctors. We can’t make medical decisions for our clients. Any decisions regarding medical care must be between our clients and their medical providers.

But again, we can support our clients and answer questions regarding who should be guiding those medical decisions. And we can provide a valuable legal perspective, by sitting in on meetings or phone calls with physicians while also providing emotional and communications support. This gives our clients added confidence to make the right decisions—not just for the case at hand, but for the sake of their long-term well-being.

Courts can’t compel an apology

It’s not unusual for clients to want an apology from the defendants who have victimized them. Such requests are understandable as an important step for achieving closure. However, the civil justice system—and civil litigation attorneys, by extension—cannot compel a defendant to issue a formal apology to the victim. In court, even though we can prove to a jury that the defendant committed wrongdoing or negligence and win the case for the client, defendants can still maintain their innocence and simply disagree with the jury’s decision.

One way around that limitation is to agree on a settlement, which avoids a jury trial. With a settlement, we have more flexibility and can negotiate to include conditions such as a formal apology or admission of wrongdoing, as well as other potential conditions that are in the best interest of the client but not possible through a trial.

Helping victims of personal injury, wrongful death, and negligence

Victims of wrongful death or personal injury come to us distraught and uncertain. They face a long and difficult recovery process. And they don’t necessarily know what we can do for them or even, sometimes, what they really want.

It’s our job to listen carefully to their needs, to understand their situation, and to guide them through their legal options. Once they truly understand what can and can’t be done, then it’s time for us to do what we do best: represent them zealously, and with compassion.

If you find yourself in a situation that involves personal injury or a wrongful death, don’t hesitate to reach out to us. We’re here to help.

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

Keep the Jury Out: Why Settlements Are Often Better Than Verdicts

It’s a suspenseful moment. The jury members file into the jurors’ box. The judge asks the defendant to rise. And then the jury’s foreman reads the verdict. The revelation of the jury’s verdict has been a staple of television courtroom dramas from “Perry Mason” to “Law & Order.”

It can make for gripping television. But in the real world of civil litigation, where real people have suffered actual (often devastating) harm and seek just compensation, a jury verdict is not always the best outcome for our clients—even when that verdict is in our clients’ favor.

Why? Because, more often than not, what clients really want is to take something meaningful from a personal, professional, or family tragedy. A jury’s verdict cannot begin to match the healing potential of a carefully crafted settlement agreement.

Let’s give you some examples.

These three cases involving wrongful deaths show what settlement agreements can do that jury verdicts can’t. They also demonstrate how the impact of those agreements can reach beyond the victims’ families.

Ensuring proper testing of life-saving technology

One case involved the death of an elderly woman whose family had entrusted a senior living facility with her life. One night, the woman experienced a medical emergency and used her personal alert pendant to call for help. The alarm summoned an emergency medical squad, but sent them to the wrong address. Sadly, the woman was found dead hours later, still clutching the pendant that was supposed to help protect her.

None of the parties involved—the senior living facility, the company that made and installed the alarm system, or the company that monitored and responded to the system’s alarms—was willing to accept responsibility for the woman’s death. It took a lawsuit to sort it all out.

As part of the settlement agreement, the senior facility, at the family’s insistence, agreed to execute routine testing of the alarm systems in all its 300 nationwide facilities. The company agreed to provide signed and notarized certifications proving that testing had been completed.

The family wanted their mother’s death to mean something more than what financial compensation could provide. They wanted to ensure that such avoidable heartbreak would never be repeated.

Holding property management accountable for safety protocol

Another case involved the tragic death of a 4-year-old boy that could easily have been prevented. In his family’s apartment, the child tried to climb onto an electric stove, which tipped over and killed him.

The potential for this type of accident was known and could have been avoided easily had the apartment’s management company installed the recommended brackets that would have kept the stove from tipping over.

The case was resolved with a settlement that included a unique provision. Because their loss was so preventable, the family insisted that the property owners produce and broadcast a public service announcement to alert other property owners about the importance of using the anti-tip brackets. Again, they wanted their son’s death to have real meaning in helping to protect the lives of others.

Impacting legislation to prevent future wrongful death

One final example involved the death of a tow truck operator. He was hitching up a disabled vehicle on the side of the road at night. Even though all his warning lights were working as required, a passing car failed to change lanes and struck the operator. He was killed instantly.

To help the victim’s mother cope with her terrible loss, the settlement agreement in her case included the opportunity for her to meet with legislators. She lobbied for legislative changes in her state’s Move Over Law so that drivers would be required to change lanes not only for law enforcement vehicles, but also when seeing the flashing yellow lights of any emergency vehicle.

Turning grief to good is beyond the scope of juries

What all three of these cases have in common is that the surviving victims of the wrongful deaths were looking to take something meaningful—and even positive—out of their personal tragedies. That is not unusual.

Answers and assurance can provide healing that a monetary award cannot, and the litigation process helps produce both. Those remedies—and provisions for their enforcement—are simply not available in the courtroom. In civil litigation, juries have no power to compel specific actions on the part of any of the litigants. They can award compensation for damages, and that compensation is critical and necessary for the survivors. But it is also, too often, not enough.

That’s why settlements may provide a more appropriate resolution for clients. It gives survivors the best opportunity to make provisions that draw meaning from tragedy and, hopefully, accelerate the healing process.

If you find yourself in a situation involving personal injury or a wrongful death, don’t hesitate to reach out to the Ohio civil litigation attorneys at Cooper & Elliott for legal assistance. We’re here to help.

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

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

A Conditional Settlement Helps One Family Heal

As Ohio civil litigation attorneys, our focus is always on one thing: to help our clients find justice and hold the wrongdoers accountable. That means taking the time to understand our clients’ point of view and the extent of their pain. It means digging for the facts and going beyond the obvious to uncover what’s critical.

It also means, for each case and every client, determining what constitutes genuine justice.

Money alone is rarely sufficient, especially when the case involves a wrongful death or life-altering injury. What makes someone whole after a devastating loss? Are there ways not only to compensate for damages but also open possibilities for bringing an individual or family closer to healing?

A case of mistaken location

Let’s revisit a case we first brought to your attention last year. It’s a case rapidly moving toward a final resolution. It provides a prime example of how a settlement agreement can not only compensate for a loss but begin to render meaning to a family tragedy.

The case involved the wrongful death of Dorothy Kramer*, an elderly woman who lived in an assisted-living center. One morning, alone in her apartment, Dorothy pressed the emergency pendant she wore around her neck to summon emergency medical attention. The alarm was one of the services provided by the center, and it summoned an EMS unit just as it was supposed to do.

But it failed to bring them to Dorothy.

The EMS team was directed to the wrong address, across the hall from Dorothy’s apartment. Because false alarms in these situations are not uncommon, the EMS team decided that they must have been called in error, and left the premises. No one checked on Dorothy.

She was discovered hours later—alone, sitting in a chair, still clutching the alarm that she and her family had believed would prevent her from dying unattended.

Plenty of blame to go around in wrongful death

Of course, Dorothy’s passing in this manner was a tragedy. It certainly didn’t have to happen the way it did. Safeguards had been instituted to assure that appropriate emergency medical attention would be available as needed. Yet somewhere there had been a breakdown in the system, leading to a result no one wanted.

Naturally, the Kramer family wanted answers. Why did this happen? How could this have happened? But satisfactory answers were not forthcoming, so the family came to us.

There were three main players in this drama, and instead of accepting appropriate responsibility, all three were busy pointing fingers of blame. The company that owned and operated the senior living center denied any responsibility for the failure of the alarm system to perform as promised. The company that manufactured and installed the alarm system denied any responsibility for the failure of the EMS response team to make sure it had arrived at the correct address. And the company that monitored the alarm system and sent the EMS unit denied any responsibility for the system’s failure to correctly identify Dorothy’s location.

With each of the parties refusing to accept responsibility, we filed a civil lawsuit against all three companies.

Settlement discussions have been under way with the three companies, each of which is finally beginning to cooperate. In fact, we’re nearing the point of closure and don’t anticipate this case going to trial. And here, that’s a good thing. We think a settlement—without a trial—will be in the best interest of our client because a settlement is the only way to achieve an important condition that doesn’t involve money.

Salvaging some good through a settlement

Money will always be part of the compensation for damages in a civil litigation case. But so often, that’s only the starting point. What families, victims, and survivors really need is the closure that must happen before real healing can begin. They need answers. They need meaning, drawn from the knowledge that some good can be salvaged from their loss.

In this case, the Kramer family found some additional meaning through a condition we negotiated as part of the settlement. The company that owns the senior living facility will be required to test the alarms it provides its residents. To assure enforcement of this provision, the company must produce a signed, notarized certification that the tests were completed successfully.

This provision applies not only to the facility where Dorothy lived but to all the facilities owned and operated by the company. That amounts to more than 300 facilities in 38 states.

Such a requirement is possible only when there is a settlement agreement. A jury’s scope is limited to determining responsibility and awarding suitable financial compensation. What the jury can’t do is impose a condition on any of the parties in the litigation.

A condition such as the certified testing of literally hundreds of alarm units must be agreed to by the parties involved.

It represents an extra step in the civil litigation process, one that the client’s attorney must be committed to pursuing. But as in the case of Dorothy Kramer, it’s one step that will benefit all parties involved, including future residents of Dorothy’s senior living facility. Their lives will be better protected because of the Kramer family’s foresight and its commitment to doing what’s right.

If you find yourself in a similar situation, don’t hesitate to reach out to us. We’re here to help.

*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.

Seeing is Believing: The Benefits of Forensic Animation

In a personal injury or wrongful death case, the jury must understand the difference between what happened and what should have happened in order to deliver a just verdict. It’s our job to make sure jurors understand the evidence so they can sort out the truth about a case. Our success hinges on establishing a connection with jurors, and then effectively communicating to them the significance of the evidence we present.

We work with expert witnesses to help explain evidence. Sometimes the timing and physical nature of events in a case are complex, and demonstrative evidence, such as images and video, comes in handy. Visual evidentiary exhibits often have more power to communicate and can be more memorable than words alone. But static images and videos taken from a single point of view have limitations.

Enter forensic animation, an emerging technology in demonstrative evidence, which is playing an increasingly larger role in civil litigation.

How forensic animation brings a case to life

Video or photos taken at the scene of an event can only present facts from one perspective and therefore can’t always tell the whole story. Forensic animation, on the other hand, virtually recreates events—and can do so from multiple perspectives. In addition, it can slow down action or zoom in to reveal critical details.

Using full-motion computer graphics to recreate events, forensic animation can help jurors visualize a car crash or an assault crime, and it can even demonstrate a product failure that resulted in a personal injury or wrongful death.

Forensic animation relies on the same computer-driven technology used in action films and the same advanced forensic science used by law enforcement. The images are compiled from a variety of sources and perspectives: police officers, forensic experts, engineers, eyewitness statements, security and body cameras, even autopsies.

For a car crash, the simulation would include data gathered at the scene, details about the terrain, weather, and traffic conditions at the time of the accident, police photographs, and more.

In medical malpractice cases, computer-aided animation, or medically demonstrative technology, is used to explain medical conditions or injuries.

In other types of civil litigation cases, the goal is the same but the subject matter is different. Take an example from a few years ago. It involved a high-speed car chase in Cleveland that led to officers shooting a suspect. Because there was sufficient video of the chase and the shooting, from several perspectives, an animation was made that re-created the event in comprehensive detail—even to the point of following the paths of individual bullets. Forensic animation filled information gaps, leaving little doubt as to how the event played out.

There is usually a wealth of information available with which to build an animation if attorneys are willing to put in the effort to find it. (And, of course, we are.)

Demonstrative evidence provided, jurors decide the truth

Forensic animation likely never will replace other types of evidentiary exhibits in civil litigation cases. Nor will it replace expert testimony. But it is a powerful tool that enhances both. There will still be times when we want to use a good old-fashioned photograph, blown up, mounted on poster board, and placed in front of the jury for an extended period of time. We can’t do that with an animation.

Civil litigation attorneys can use these tools to support their respective cases, but at the end of the day, it’s up to the jury to determine the truth.

The key for us is knowing which demonstrative evidence tools to use, and when, in order to build our clients’ cases most effectively.

 Connect with us—we’re here to help.

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