Charles E. Boyk Law Offices, LLC
A car crash brings with it the possibility of devastating and life-altering consequences for victims. In the Toledo case, the victim lost much. Not only did the victim have to undergo a career change, but they also sustained numerous injuries that followed them financially and physically. After deciding to retain the services of an attorney, preparing for the Toledo rear-end car accident trail became much easier for the victim. Attorneys were ready to take the lead and could do the same for you if you have been harmed due to another person’s negligence.
In the post-discovery/pretrial phase of the client’s case in Toledo, the opposing counsel decided to do some independent medical exams. Independent medical exams are under the Ohio rules of civil procedure. Attorneys are allowed to request medical examinations by an expert of their choice under court supervision. In this case, they hired a psychologist to evaluate the client as far as post-traumatic stress disorder. They also hired a neurologist to evaluate his medical condition.
In this case, the psychologist was trying to argue that there may have been a pre-existing condition even though there was nothing that indicated our client was ever treated for that psychological condition. In addition, they hired an economic expert to try to argue that the economic impact on our client as a result of the accident would be substantially less than our economist and vocational expert indicated. Essentially, the deposition narrowed the issues. They used their expert witnesses to try to limit the damages and to try to argue the proximate cost of the injuries. Thankfully, the victim’s attorneys spent time preparing for the Toledo rear-end car accident trial as well.
The type of documents the attorneys filed on behalf of the client in preparation of trial included documentation of reports from a neurosurgeon about what the future implications would be for the client as far as their health. The team had a vocationalist determine that the victim would never be able to return to work at that type of a job. Attorneys had a psychologist give a report that the victim would never be able to function as a police officer again due to the post-traumatic stress disorder. An economist indicated what the future economic loss would be to the victim to the effect that they would not be able to be a police officer and to continue in the reserves for military service. Additionally, attorneys did an independent medical exam with a doctor reviewing all the records and indicating that proximate costs of all the injuries were from this accident and that the prior accident had no implication whatsoever. Preparing for the Toledo rear-end car accident trial was something the attorneys had practice with from previous cases and were more than ready to do the same for the Toledo client.
The strategies the team considered on behalf of the client in preparation of trial were that the team would make an effort to see what the other side would offer at mediation. If the opposing team did not agree, the attorneys would try the case, present all of the economic and medical evidence, and argue for several million dollars in economic damages and non-economic damages as a result of this individual never been able to work again as a police officer or as a military officer because of the accident.
The attorneys also knew that they would have a strong case because the opposing counsel could not locate the wrongdoer who caused the accident. The plaintiff’s team had a military hero and a police officer who had suffered life-threatening injuries. The defendant did not even have a common courtesy to appear at the deposition or at the trial. Because of this, the team knew they were negotiating from a point of strength in mediation or were putting the trucking company at a substantial disadvantage if the case proceeded to trial.
The paper works the plaintiff’s attorneys received from the defendant prior to the trial included copies of their independent medical exams and economic reports. They provided the team some ammunition to understand what their arguments were going to be both in mediation and at trial. Also, the attorneys were able to obtain rebuttals to those reports and were able to let the mediator and the other side know what the team’s responses were going to be to all of those arguments in the mediation brief that was filed before mediation.
The insights provided by the paper works sent by the defendant were a sneak preview to the arguments we would be facing if the case proceeded to trial. Some of the arguments were a little ridiculous and the attorneys believed these arguments helped increase the value of the case. They believed the argument of the prior injury was favorable because the team had an independent medical exam docket there and a neurosurgeon who would say that that lone was not the proximate cost of the injury. The team felt it would inflame the jury if the defense tried to make an argument that a jury would think was ridiculous, especially since they did not even have their client appear at trial. The team felt that they could turn that argument into an advantage for the jury to dislike the trucking company even more because it would be apparent that the company was trying to make a faulty argument to try to fool the jury.
The team prepared the client for trial in Toledo by ordering the transcript of the client’s deposition. The team then had the client review that document. Additionally, the team shared with the client the copies of all experts’ reports and the reports from opposing counsels. The team explained to the victim the significance of the team’s arguments and the opposing arguments, which was important because the client needed to work together with their attorneys as a team to look at the advantages and disadvantages of proceeding to trial.
The victim’s attorneys considered several scenarios that may happen in Toledo court. Attorneys felt that the client and the client’s family would make a substantially positive impression in court. The only issue attorneys concerned themselves with was the cost of going to trial. Attorneys would probably be putting on five or six expert witnesses and taking videotaped deposition of those doctors along with videotaped depositions that would have to be ordered from the other counsel. The team felt that by proceeding to trial it probably would cost at least $50,000 of additional expenses. One of the team’s concerns was unless there was a chance of winning by over $100,000 of what the defense offered, it made little economic sense to proceed to trial.
The goal that the team had with the client in this case was to try to maximize the financial recovery. That helped attorneys try to determine what the value of the case is. The team came to the conclusion that unless they were able to beat the opposing counsel’s best offer at the mediation by over $100,000, it probably made sense to try to settle the case.
The local nuances the attorneys considered and explained to the client about Toledo court included that Lucas County in Toledo has a more liberal jury pool than Wood County. The client was originally a resident of Pennsylvania and moved to the Northwest Ohio, Toledo area as an adult. The team felt that since the defendant trucking company was not local and that the victim was a local, the attorneys would have a favorable situation as far as a jury pool in Lucas County.
At the same time, there are few verdicts over a million dollars in Lucas County. When talking large numbers, there was a risk that a jury would award the team what they considered a large amount for pain, suffering, convenience, and future economic loss, but it may not rise over the million dollar level.
Preparing for the Toledo rear-end car accident trail was something the client’s attorneys had done before. While every case is unique, on common thread remains among the more successful of trials and settlements: an experienced attorney. If you feel as though your recovery is hindered by the confusing courtroom and pretrial litigation process, you may need to consider retaining the services of an attorney familiar with car accidents. An attorney could negotiate with opposing counsels, draft a plan of attack, and focus on obtaining a favorable outcome in either settlement negotiations or trial. Do not hesitate to reach out to an attorney today.