The Lyon Firm represents individuals in a wide variety of lawsuits and investigations. Personal injury law is the broad area of law that includes causes of action for physical and emotional damage to an individual caused by an act of another.
Serious injuries and accidents are often not the fault of the injured party, yet the injured party suffers life altering physical, mental and financial loss. These economic and human losses can has devastating financial consequences on the individual and family if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.
What is a Tort ?
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”.
When Should I Seek Personal Injury Counsel ?
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 the insurance company 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 that aggressivly, professionally, and passionately advocates for the injured individual and family against the negligent individual or company to obtain just compensaton under the law. Through such civil advocacy, injured lives have been improved and future injuries have been prevented.
Auto Accident: Underinsured 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 former spouse for the publication of private photographs taken during the course of marital relationship. Former spouse published erotic photographs on numerous internet sites and forwarded copies to family members to further harass plaintiff. The settlement provided a sense of justice, protection, and compensation that will be used to further Plaintiff’s education.
Invasion of Privacy: Media False Light: (Cincinnati, Ohio): Confidential settlement on behalf of young professional women 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 the clip art that falsely linked the Plaintiff to the “sexting” story.
Common Types of Negligence
The Lyon Firm has experience and success representing individuals due to the following type of negligence.
- ATV Accidents
- Auto Accidents
- Auto Repair Negligence
- Dog Bites
- Invasion of Privacy
- Boating Accidents
- Trucking Accidents
- Medical Malpractice
- Product Liability
- Nursing Home Neglect
- Pharmaceutical Litigation
- Medical Device Litigation
Common Types of Injuries
The Lyon Firm has experience representing and helping individuals who have suffered the following types of injuries due to the negligence of others.
- Burn Injuries
- Catastrophic Amputations
- Cardiovascular Injuries
- Degloving Injuries
- Eye and Vision Loss
- Orthopedic Trauma
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Wrongful Death
- Dog Bites
How do you prove a Personal Injury Case ?
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 upon medical and other scientific evidence, and it is critical to the success of a case for the lawyer to work alongside a qualified expert.
What are the types of damages recoverable in an Ohio personal injury claim?
Under Ohio law, an injured party, depending on the evidence, may recover the 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 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)
- Non-Catastrophic Injury: The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence” that is the basis of that tort action
- Catastrophic Injury: No limits.
The Supreme Court in Arbino v. Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, upheld the constitutionality of damages caps.
What Are the Steps in a Personal Injury Lawsuit?
Pre-Suit Investigation and Negotiations
Personal injury lawsuits are all different and require a thorough investigation before a lawsuit is filed. The initial investigation involves gathering all relevant medical records, accident reports, and interviewing available witnesses. Preservation letters notifying the defendant of the case and duty to preserve electronic evidence is critical in most cases to bring an action for 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 not successful, then a lawsuit must be filed to preserve the statute of limitations. Filing a lawsuit early in the process is often necessary to being gathering evidence while the witnesses memories are fresh and documents remain available. Once suit is filed, the court will set a case managment schedule and the parties will being exchanging informaton in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses will 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 introduciton 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 very heavily upon medical and other scientific evidence to prove negligence, causation and damages. The expert must have a reliable and sound basis in science and 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 of novel scientific theories.
How Long Does a Personal Injury Case Take to Complete?
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 date 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.
After two hip replacement surgeries, I was informed that one of the prosthesis was the DuPuy Joint and the other was very similar but manufactured by a different company. After several attempts to contact the manufacturer directly to discuss the claim, I was met with bureaucratic red tape that appeared to be insurmountable. I then turned to Joe Lyon of the Lyon Law Firm who immediately cut through the pro I highly recommend Joe if you are faced with the need for this type of litigation.Tim Ross
I met Joe during what was easily one of the worst times of my life. My husband had been in a serious accident and was a quadriplegic following that accident and remained in one medical facility after another until his death nearly four years later. We had contacted an area attorney who told us we absolutely did not have a case. Then we called a Cleveland firm that took the case and brought in Joe. Joe did so much of the work and became just like family to us. I would highly recommend Joe to anyone and be willing to guarantee that he will do anything and everything possible to get satisfactory results. He is extremely dedicated to his clients and very hard working. Mike and I came to think of him like a son, I still do; if it wasn’t for him I don’t believe our case would have been settled the way it was and may have ended up in a courtroom where the results can go any way.Donna Urchak