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• The Importance of Witnesses in an Ohio Personal Injury Case

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THE FOUR PHASES OF A PERSONAL INJURY (AUTOMOBILE, TRUCK, MOTORCYCLE ACCIDENT) CASE. Part 4 of 4

As we have discussed, a non-fatality personal injury case can be broken down into 4 distinct phases:

1. Treatment Phase
2. Record Gathering Phase
3. Settlement Phase
4. Litigation Phase (if necessary)

Phase 4: The Litigation phase:

Of course, there is no guarantee that the insurance company will make you an offer you are happy with outside of court. I think it is important to be honest and let you know that insurance companies, like all of us, are in general, tightening up their belts a bit. They are trying to pay out less money in general for injury claims outside of court, especially if you don't have a lawyer. Notice I said trying to pay out less. Once in court, the ball game changes. However, good documented medical evidence increases the chances of settling your claim without filing a lawsuit in court. Now, as you read this article, remember that no article can address the particular issues in your exact case, but this article is meant to give an overview of the issues a typical person faces in an Ohio personal injury claim. You should talk to an injury lawyer to discuss your particular case.

Don't Panic
Now lawsuits can be necessary for many reasons, and filing a lawsuit does not mean that anything went wrong with your case or that your injury lawyer is doing a bad job for you. It just means that the insurance company bureaucracy usually wants to clear up any additional questions about something, like say, past injuries, with you in person before writing you a check. They also want to see to what degree you are a financial threat to them. If you could hurt them on the witness stand, their financial exposure is greater, even though the odds of you actually being in court and testifying are small. They may want to know if you are articulate, well spoken, friendly, likable, look into past injuries a little more, etc. If a jury would like you, then they know all things being equal they will have to pay more money for the claim or at least a fairer amount for the claim. Remember, not all similar injury claims settle for the same amount. Who you are and how you handle yourself at the deposition affects the case value. Once again, you can see how your participation affects the value of your claim.
If you are not happy with the final pre-suit offer, most of the time your attorney will file suit and advance the expenses of litigation.
I know that lawsuits are not on the top of everyone's wish list when they get in an accident, but in today's low settlement offer climate, they are more and more necessary. That is a simple, undeniable fact. As I have said before, in my personal opinion, in general, the days of quick, large settlements without a team of experienced lawyers fighting for you as far as your case has to go are over.

What to Expect in Court

Once in court, don't worry too much about having to testify in front of a jury. Most cases never make it to a jury trial. Do not feel bad if your case does not settle right away. It happens. Be glad you were wise enough to hire a law firm that will fight for you in court to get you what is fair. Be patient. Don't let the insurance company win. Good things come to those who wait, and remember, you can get paid quick or fair, you choose. Why settle quick and cheap and potentially leave what is owed to you on the table?
Remember, in the end, no matter how good your documented medical evidence or your injury lawyer’s arguments are, no one can control what an insurance company offers outside or inside of the courtroom. They will do what they will do. No one can also guarantee that if yours is the rare case to go all the way in litigation to an actual jury trial, that a jury will give you a verdict you are happy with. Nothing is guaranteed. That is why is it wise to hire an attorney with years of knowledge and experience to fight for you and go to court, all the way to a jury trial, when necessary.
This willingness to go to court and fight for clients against insurance companies that don't like to pay quickly or fairly, is key for you. Otherwise, you would just have to take whatever low-ball offer you received from the insurance company, and that is not really a choice at all.
The days of insurance companies throwing money at injured persons or their lawyer is pretty much over, even when the case is clearly worth a high dollar amount. It may take a little longer to get justice, but it is still possible. Don’t let your frustration with the insurance company and the games they may play dampen your enthusiasm for getting what you deserve. Remember, in the end it is a jury that would ultimately determine what you will get, not some insurance company.


the role of the Defense Lawyer

Even though very few cases actually go to a jury, once a defense lawyer gets involved, the real fair value of the case is usually seen by the insurance company. Sometimes the defense lawyer in court is more reasonable than the insurance adjuster. Strange but true. Without a lawyer to fight against the insurance company, you would be like a little lamb being sent to the slaughter house these days. You have no real chance of success. You can't file lawsuits and hope to win. That is just the truth.
Also remember, your case can usually choose to settle at any time during the litigation process. A reasonable offer can come at any time. You are in control. Your actual physical participation in the lawsuit can usually be as in depth or more limited as you prefer. Most people prefer to not have their lives seriously affected by the litigation. Their involvement is usually rather limited, and involves the minimum, showing up to answer some written questions. Then if the case has not settled, showing up so that the other side can ask you some questions under oath (called a deposition). Occasionally, there are additional hearings before settlement. Rarely is a jury trial required. Some cases are more involved, and do require significant client participation. Your lawyer can discuss this with you.
Yes, lawsuits take time. Since the court controls the speed of the lawsuit, it can seem like nothing is happening for months at a time. This is our civil justice system. Your injury attorney should be hard at work trying to resolve your claim for a fair amount that you will be happy with. No longer how long it takes, the goal is the same, a fair settlement that compensates you for your injuries.

Contact us today for a FREE, NO OBLIGATION consultation about your personal injury legal needs.

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