While most lawyers brag about how many cases they try, something our experienced personal injury lawyers at Tittle & Perlmuter love to do, the reality is that most of our cases settle outside of trial. A settlement has many advantages for injured victims like you. You gain access to badly needed compensation much faster than if you had to litigate all the way to trial. Also, you are guaranteed to receive something without risking losing your case before a jury. Those are definite advantages and make settling the sensible choice in most cases.
Nonetheless, only some cases will successfully end in settlement. Why? Our personal injury lawyer looks at why cases end up before a judge and jury and what steps we take to improve your odds of a courtroom victory.
Why is My Personal Injury Case Going to Trial?
There are some common reasons why a claim can’t be settled, and you must go to trial:
- Disputes over fault. Ohio is an at-fault state for accidents, including car and truck accidents. The driver who is at fault for the collision must pay compensation to all injured victims. In some cases, fault is black and white, but the two sides can’t agree on who is responsible in other situations. When you go to trial, you submit the question of liability to the jury.
- Disagreement over the severity of injuries and value of the claim. Insurance companies represent most defendants in a personal injury case. This insurer might agree their insured is at fault but disagree about the value of your claim. This is another reason to end up in court. A jury will decide your damages, including the cost of medical care and the value of your pain and suffering.
- Unreasonable defendant. Some defendants simply refuse to negotiate in good faith. They dig in early and won’t budge. They might not even mediate a dispute in good faith. Going to trial makes sense when we face that type of unreasonable defendant.
Tittle & Perlmuter has enjoyed excellent success negotiating settlements. Usually, we can get the other side to see a dispute our way and offer fair compensation. But litigating a claim in court is always a possibility, and our firm has the experience you need to win in a courtroom. Our courtroom success makes us even more successful negotiators—experienced insurance companies know it’s in their best interest to settle.
What is the Personal Injury Lawsuit Process Like in Ohio?
We begin investigating to uncover what happened, including talking to witnesses. We will also help you document the losses you suffered from the accident.
We also try to negotiate—at least at first. There’s no reason to jump straight into litigation without first trying to reach an amicable resolution. Negotiation is usually a back-and-forth process that can take several months, even when successful.
Ohio’s statute of limitations outlines how long a victim can file a lawsuit. Under current law, the deadline for most personal injury cases is two years after the accident (medical claims are only one year). We need to file under the deadline to protect your right to sue. If we miss the deadline, a judge will dismiss your case—so call our firm as soon as you can. Filing this lawsuit protects you, even in settlement negotiations.
We also serve a copy of the lawsuit on the defendant. Their insurer typically defends the case, and they will have to answer our complaint.
Litigation has a long fact-finding phase called “discovery.” The goal is to find useful information to use in the case. You might give a deposition, which involves answering questions under oath, usually in a conference room. Your answers are recorded and might be used later if we end up at a personal injury trial. We can also depose the other driver to find out what they know.
Let’s discuss the personal injury lawsuit process in greater detail. We are by your side every step of the way.
Who Decides Whether I Win a Personal Injury Trial?
A jury of your peers usually decides the case. Each side can present evidence, including witnesses and documents. Because we file the lawsuit, our side will go first, and we can cross-examine the defense witnesses.
Our clients usually end up testifying. There’s no other way to get specific information into evidence.
Our clients commonly testify about what happened in the build-up to the accident. They also testify about how their injuries have affected them. We can work closely with you to make you feel comfortable testifying in court.
The jury ends up deciding all the critical issues at trial:
- Liability—who is to blame for the accident
- Comparative fault—how to divide liability between you and the defendant
- Damages—how much compensation you will receive to make you whole
- Punitive damages—if the defendant acted in a reprehensible fashion, we might seek punitive damages as part of a trial to punish them
After winning, we can then discuss ways to obtain compensation. All we get in a trial is a slip of paper. It’s up to the defendant to pay, or we must collect on the judgment using different techniques.
We Win Personal Injury Cases
Tittle & Perlmuter is proud to offer legal services to accident victims in Ohio. When someone ends up harming you, they should be held accountable. We have a broad personal injury practice and can assist anyone with a truck accident, car wreck, or other personal injury matter. Let us review if we can provide the services you need.
Anyone who calls us can schedule a free, no-obligation consultation. Our firm will discuss what happened from your perspective and offer preliminary advice. If you hire us, we can get to work pulling together evidence to use in negotiation and litigation.
We are experienced litigators who aren’t afraid to head to court to protect our client’s rights.
