The Lyon Firm represents individuals in a wide variety of lawsuits and investigations. Personal injury law is a broad area of law that includes causes of action for physical and emotional damage to an individual caused by the act of another.
Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.
Personal Injury law is also referred to as “tort law.” A Tort is defined as ”a wrongful act, not including a breach of contract or trust, that results in injury to another’s person, property, reputation, or the like, and for which the injured party is entitled to compensation.”
If you have suffered a significant injury through no fault of your own, you should contact a lawyer to investigate the claim. If it is a minor injury, you may be able to work with insurance companies to resolve the case, but you need to ensure all other interested parties are on notice and reimbursed: e.g., health insurance. For moderate to serious personal injuries, it is not advisable to resolve a claim without counsel.
Joe Lyon is a Cincinnati Personal Injury Lawyer who has represented thousands of individuals in personal injury claims both locally and nationally. He is a highly-rated and nationally-recognized attorney who aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. Through such civil advocacy, injured lives have been improved and future injuries have been prevented.
Auto Accident: Under insured Motorist: Distracted Driver: Wrongful Death: (Brown County, Kentucky): $1,000,000.00 settlement provided for tuition costs for the surviving children.
Auto Accident: Motorcycle: Negligence: (Cincinnati, Ohio): $495,000.00 settlement for fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometarsal joint.
Invasion of Privacy: Revenge Porn: (Cincinnati, Ohio): Confidential settlement against a former spouse for the publication of private photographs taken during the course of a marital relationship. The former spouse published erotic photographs on numerous internet sites and forwarded copies to family members to further harass the plaintiff. The settlement provided a sense of justice, protection, and compensation that will be used to further the Plaintiff’s education.
Invasion of Privacy: Media False Light: (Cincinnati, Ohio): A confidential settlement was reached on behalf of a young professional woman who was falsely portrayed by the local media as being associated with “sexting high school students.” Despite notice of the false light media clip, the local news station continued to run the story with clip art that falsely linked the Plaintiff to the “sexting” story.
The Lyon Firm has experience and success representing individuals due to the following type of negligence:
The Lyon Firm has experience representing and helping individuals who have suffered the following types of injuries due to the negligence of others:
Personal injury law is civil litigation and is subject to the Ohio Rules of Civil Procedure and the Ohio Rules of Evidence. Ohio has its own civil rules and evidence modeled after the federal rules, but each local court also has its own local rules of procedure that must be followed. An Ohio personal injury lawyer will have a firm grasp of the rules of procedure and evidence.
Personal injury claims rely very heavily on medical and other scientific evidence. It is critical to the success of a case for the lawyer to work alongside a qualified expert.
Under Ohio law, an injured party, depending on the evidence, may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages.
Ohio recently passed tort reform in 2005 that made several substantial changes in the law. The law now distinguishes between catastrophic and non-catastrophic claims.
An Ohio Court has no jurisdiction to enter judgment on a jury award of compensatory damages for non-economic loss in excess of the limits set forth in R.C. 2315.18(B)
The Supreme Court in Arbino v. Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, upheld the constitutionality of damages caps.
Pre-Suit Investigation and Negotiations
Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.
Once it is determined that the preliminary facts merit prosecuting the case, a pre-suit demand may be made to an insurance agent. In many serious injury cases, pre-suit resolution is not an option due to a denial of liability or disagreement on the related injuries.
Filing a Lawsuit
If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations. Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available. Once suit is filed, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.
The parties may file various legal motions with the Court to argue various legal points under the law to admit or limit the introduction of evidence. In some cases, a Motion for Summary Judgment will be filed to resolve the case without a jury hearing the matter. If the Motion for Summary Judgment is defeated, the defendant will typically engage in negotiating a settlement with the attorney or through the mediation process. If the efforts to resolve the case are unsuccessful, the case will proceed to trial.
Proving Negligence, Causation and Damages.
In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence. In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.
A personal injury case can be resolved in less than a year in less serious matters. In more serious cases, the case will range from 1-3 years, depending on the amount of discovery and availability of trial dates in the venue.
If you have questions about the root cause of a personal injury matter or the available legal remedies to improve the quality of life and medical care, contact The Lyon Firm. You will speak directly with Mr. Lyon, and he will help you answer those critical questions.