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

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.

Touching Lives: The Human Inspiration for Us as Personal Injury Attorneys

If you ask personal injury attorneys what motivates them in their profession, chances are you’ll hear a range of responses, from the pursuit of justice to winning big settlements. But one of our most compelling reasons for doing this kind of work is the genuine desire to help people in need—to help a person put his or her life back on track after a devastating event. Here’s one of those stories.

David: In Need of a Personal Injury Attorney

A few years ago, David* had a lawsuit pending in Federal Court, and he urgently needed a new attorney.

His case, involving police misconduct, was shocking. He had suffered a spinal injury from officers who mistreated him while he was in handcuffs. Temporarily unable to use his arms or legs, he had literally been dragged into a jail cell by the police as he yelled for help, telling them that his neck was broken. Eventually a civilian employee at the jail, breaking down in tears, convinced a supervisor to bring in medical help. David was transported to a hospital, where a neurosurgeon was able to preserve his ability to use his legs and arms—but only partially. Because of this incident, David suffered permanent nerve damage that would limit full use of his limbs for the rest of his life.

As troubling as this story was, we wanted to take David’s case only if we could make a difference. Deadlines were approaching very quickly, and court orders said that his case would soon be dismissed. But we also realized that, through no fault of his own, David wasn’t getting adequate representation. His personal injury attorney at the time, while very knowledgeable in general, simply didn’t have experience in this area of law. We did, so we jumped in with both feet.

Experience Makes the Difference

Once we got involved, we quickly went to work on a number of fronts:

  • We obtained more time. We approached the court to arrange for more time so we could identify experts and comply with the court’s order. Extra time would be crucial for us to address and present the merits of David’s case properly. Fortunately, the court agreed.
  • We located experts. Because of our experience in this area, we knew of well-respected national experts who could assist us in what looked to be a technically-challenging case. We needed medical experts. We needed people with expertise in determining how much force is considered excessive for the purposes of law enforcement. So we lined up specialists capable of providing valuable, authoritative testimony.
  • We took police testimony. When we took the case, no testimony had been taken from any police officers. Based on our experience, we knew what questions had to be asked and what answers had to be obtained in order to hold the right people responsible for David’ injuries. Having control over that gave us a considerable advantage when preparing for trial.
  • We researched the case thoroughly. Even in areas of case law in which we have vast experience, we prefer to go back to the books, research the cases, and ensure that we’re fully up to date so that when we do take testimony from witnesses, we’re asking the questions we know the court or jury would ask.    
  • We understood the full extent of damages. We prepared to address some very sophisticated legal arguments: How is excessive force defined? Was excessive force used in David’s case? If so, what are the right damages? A personal injury attorney has only one opportunity to get this right. It’s critical to know the full extent of a client’s harm and, most importantly, how much it’s going to cost to care for our client for the rest of his or her life.

David: Not Just a Case

We also helped David in a less tangible, but perhaps even more meaningful, way: we treated him like a human being and not just a ‘case’.

David was a fairly young man with few family members to support him, disabled by the police, and worried about how he would care for his children. His life had taken a dramatic negative turn. That’s a scary place to be, and something no person should have to manage alone.

Throughout his case, and even afterward, we became David’s closest confidantes —friends, sounding boards, people he could trust. That extended to our entire firm as well, with David becoming a part of our family throughout the course of the lawsuit.

Sure, talking to experts and writing briefs is important, but often our job is also about spending hours counseling our clients, offering compassion, and just helping them navigate a terrible chapter in their lives.

Fortunately, our involvement brought a happy outcome. We successfully reshaped David’s case and got it ready for trial. Literally days before the trial was scheduled to start, the police department asked to settle the case for an amount that ensured David could care for himself and his children for the rest of his life. 

Bending the Arc of Justice

It was gratifying to know we had helped bring some form of justice — or at least accountability — in the wake of David’s mistreatment. But consider where he would be now without having had experienced representation. What would his life be like? What would life be like for his children?

We took a case that had literally been on the brink of failure and turned it into a multimillion-dollar recovery that’s being used to care for a person who was severely and permanently injured. That’s what motivates us most as personal injury attorneys. For all the legal victories, it’s the important human stories behind them that inspire us most.

Martin Luther King Jr. once said, “The arc of the moral universe is long, but it bends towards justice.” Sometimes we have to pound like heck on that arc just to get it to bend even a little. But it’s awfully gratifying when you know you’ve played a role in pointing it in the right direction.

*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.

Personal Injury Mediation: A Viable Alternative To Deadlock Negotiating

describe the imageWhen it comes to personal injury litigation, some people turn away from the process due to its potential to be expensive, stressful and time-consuming.

However, in recent years, personal injury mediation has become common in these types of cases. A large percentage of civil cases settle, in turn making mediation the most common settlement technique.

Personal Injury Mediation: What Is It?
Mediation occurs when a third party (mediator) facilitates a discussion with the sole purpose being to settle the case. The third party is typically a personal injury lawyer who has experience trying these types of cases for plaintiffs, defendants or both.

Mediation is an entirely voluntary process. If mediation does not work – meaning both sides of the dispute cannot reach an agreement – the only consequence is that the litigation continues. Since nothing either party says during mediation is usable by the other party in later stages of the dispute, there is no downside to mediation.

Mediation: First Steps To Ensure Settlement Success
The key to any personal injury settlement is not simply to settle the case, but to get the highest value possible. Here’s what you need:

  • Select A Strong Mediator: Look for a professional mediation service, staffed by full-time mediators who have both mediation experience and a legal background or identify individual mediators that have a long track record of successful mediation experience.
  • Select The Right Counsel For Your Case: This means finding a well-seasoned personal injury attorney who the other side fears.
  • Conduct In-Depth Preparation: Deep knowledge of the strengths and weaknesses of your case, along with a total understanding of all the defenses are crucial to a successful outcome.

Work with your lawyer to determine the best possible personal injury settlement scenarios to push during mediation.

During your personal injury mediation process, your lawyer needs to educate the mediator as much as possible before the mediation date. This must be done so the mediator understands the defense pressure points and the objectives to achieve in any settlement. Preparation and education will also help facilitate a smooth process the day mediation begins. We prepare power point presentations and detailed mediation statements to help ensure success at mediation.

The Benefits (And The Barrier) Of Personal Injury Mediation
Pro: When you reach a stalemate in your negotiations with the insurance adjuster, mediation is a way to break the impasse.

Pro: When you sit across the table from the insurance adjuster, you’ve put a human face to your set of personal injury claim documents. Because of this, they are more likely to understand the risks of a jury trial by putting a face to the tragedy.

Pro: The third-party mediator encourages a break in any deadlock, so the whole process is typically faster, easier and less expensive than taking your case to court.

Con: Because both parties must agree to mediation, it is sometimes difficult to get an adjuster on board due to the extra steps involved, including that crucial personal appearance.

Where Do You Draw The Line Before Deciding To Mediate?
You’re going to need legal counsel with a personal injury background, as well as a professional mediator, if any of the following scenarios have the parties at an impasse:

  • The insurance company has not offered anything close to fair personal injury compensation.
  • The major dispute involves the extent of your personal injury and to what degree each party was at fault.
  • You see no other avenues for negotiating, beyond taking your claim to a jury.

If you’ve suffered a personal injury, the law reserves you the right to certain compensation that helps you pay for time lost at work, medical bills and any loss of life enjoyment. You deserve to have the truth about your personal injury revealed as well as a settlement that assists in your path towards recovery.

Personal injury mediation has revolutionized the legal system as a viable alternative to achieve desired results, without the expense and complex battles of a court case.

Would you like to learn more about personal injury mediation and partnering with the right attorney to guide you through the process? Call 614-481-6000 or click on the button below to speak with a Compassionate Consultant at Cooper & Elliott.

Right the Wrong