Copyright © 2022 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
When events unfold beyond the control of the victims of accidents, it could be frustrating or even impossible to return to life as it was before. While compensation does not replace the loss of a life, it could help with financial troubles brought on by these traumatic events. However, for many people, litigation is a costly and time consuming process that may not be worth the heartache. Thankfully there are alternative routes that victims might take to hold wrongdoers accountable. Settling a Bowling Green personal injury claim could provide a more favorable route than court. To move toward this legal direction, it is critical that victims connect with a seasoned attorney who could help.
To attempt a resolution outside of court in Bowling Green, the attorneys communicated with the opposing counsel who acted in an exceptionally professional manner. In this case, the attorney’s job was to provide the other attorney and insurance company with enough evidence to justify paying a fair amount of money as compensation. The evidence included all of the economic records, medical records, the video, the deposition of the victim, and explained in detail the close family relationship. To really emphasize the likelihood of success, the attorneys were able to provide the defense and insurance company with evidence showing how unlikable the defendants would be in this case.
Initially, attorneys answered all questions from the defense under oath, gave the deposition of the victim, and provided them with all the medical records, lost wages documentation, and employment records. To better ensure understanding, attorneys made a video and paper presentation and provided these resources to the defense and insurance. Mediation was the next step. Attorneys went to mediation with the Wood County mediator who worked as an attorney and is an experienced negotiator. This person conducted the mediation of the parties to help resolve the case. All of this took place in Wood County Courthouse in Bowling Green, Ohio.
Because of these actions, a settlement was reached for the client. The settlement was for the client and their adult children and was distributed by the probate courts.
As a course of habit, attorneys explained the process to the client early in the case. The client was informed that for a case this large, it was likely that a lawsuit was needed. The other side would want to hear the story and see how the client appeared under oath, and how likable and sympathetic he appeared.
There is a value to impressions made in court. Attorneys explained to the defense that the video presentation would be of tremendous value because these were clients who were sympathetic and were hard working wonderful people that a jury would sympathize and identify with. The process in this case went exactly as predicted.
For research, attorneys did a survey of similar wrongful death settlements and jury verdicts in Ohio with individuals of a similar age range. In one particular researched finding, a couple was married when they were in their 50s, they each had children, and were involved in a similar incident as the victims the attorneys represented. Similarly, the represented client in the Bowling Green case brought adult children to the relationship and the late spouse had minor children at the time. They did not have any children in common and they were in their 50s and 60s at the time of this incident. Using the prior settlements of researched case and jury verdicts, attorneys let the defense know the range a Wood County jury might award based on historically objective evidence.
Some of the concerns were the length of the process. One of the concerns was if the case did not settle, it could go to trial a year from the time of the mediation. At some point, the family wanted finality to the situation.
Perhaps the most critical concern was that by going to trial, the family could get a good or bad verdict. There was a potential that the other side could appeal which might drag out another year to a year and a half after that. One of the issues was the value of finality, a solution, and closure of the events to the family, and the other insurance company.
When a loved one dies, no amount of money compensate for their death. Realistically, the only way our legal system compensates somebody is through monetary damage awards. Attorneys try to make the best of a bad situation.
The attorneys received the monetary award approximately 30 to 60 days after the mediation. A hearing took place and the final paperwork with the probate court approved the settlement and distribution of the funds.
Fortunately for the client and the team, there were no issues with receiving the settlement award. The family was agreeable and worked together as a team to decide a fair amount of the distribution of the assets.
In this case, the settlement could have been overturned if somebody protested it. The agreement was in writing and signed by all the parties and there was no attempt by any of the parties to try to overturn the agreements.
There are cases where one side or the other tries to enforce or overturn an agreement. Usually when there is a meeting of the minds and an independent verification, a settlement is reached. It is rare that a settlement is overturned.
To overturn a settlement agreement in Bowling Green, one must show through clear and convincing evidence that there was no meeting of the minds among the parties and that would be difficult.
Despite the conception of settlements being the easier route for compensation, there are still challenges that victims of negligence could face. Most people who vie for the settlement route do not expect to have negotiations and mediation drawn out for extensive periods of time. However, there is still a chance that this could happen. Settling a Bowling Green personal injury claim could be difficult without the help of an experienced attorney familiar with negotiations. Thankfully, reaching out to a lawyer is the first step toward making a settlement that much more of a possibility. Connect with an attorney at your earliest convenience.