An injury from an accident can have untold physical or psychological effects, many of which manifest much later after the incident. The damages associated with your injury require fair compensation. If you have been injured in an accident, you need a personal injury lawyer to represent you in your claim and help you make sense of the legal process.
These attorneys train as trial lawyers, although most prefer to settle personal injury cases out of court. Nevertheless, you want a personal injury attorney prepared to go to court to fight for you if a trial is necessary.
As part of their training, law students specializing in personal injury study historical cases and current legal frameworks to learn and apply procedure and precedent. Personal injury law constantly changes, and the best lawyers in this field keep vigilant and stay up to date on legal developments and changes to state laws and regulations.
Personal Injury Attorneys in Ohio
The state of Ohio requires all personal injury lawyers to pass a written bar examination, three days of scenario-based essay questions that test individuals’ knowledge of Ohio law. Aspiring lawyers also complete several multiple-choice questions part of the Multistate Bar Examination (MBE). In addition, all prospective attorneys must pass the Multistate Performance Test (MPT) . Candidates wanting to practice in Ohio must also take the Multistate Professional Responsibility Examination (MPRE) for admission into the Bar.
Several ethical codes and regulations must inform every personal injury lawyer’s practice. The is a professional organization that enforces these ethical codes. These ethics guidelines help ensure that professionals working in tort law promote a justice system that is fair and effective. All of the lawyers at CTBC are members of the ABA. Our commitment to ethical standards like loyalty and confidentiality drives how we treat our clients. The members of our legal team are sworn to protect each client’s best interests.
What Does a Personal Injury Lawyer Do?
Part of a personal injury lawyer’s job is to gather and verify details of the accident in question and examine all elements of the case. Collecting information and evidence often involves interviewing witnesses. A personal injury attorney will likely take many photographs of the accident scene to use in court to supplement explanations with greater detail. Lawyers also accumulate insurance filings, police reports, and other official documents to present in court.
For your personal injury case, your attorney will need your medical records. Reports from your physicians and other providers should describe in detail the nature and extent of your injuries and how they affect your work and day-to-day living. You should also give your lawyer your medical bills and pay stubs that show how your missed workdays contributed to your lost income. Medical records can take a long time to gather, so it is important to be patient and diligent in your recordkeeping.
Once they have all the necessary documents, your personal injury lawyer will contact the insurance company and ask for a settlement offer that includes a specified amount. The internal operations of insurance companies usually complicate calculations of settlement offers, often drawing out the process.
As in many cases, the insurance company might offer an insufficient settlement amount, prompting your attorney to try to negotiate. If unsuccessful, your lawyer will likely file a lawsuit. The defendants your lawyer names in the suit must file a response, which must usually occur within one month from when your attorney’s office serves them the papers.
The Discovery Phase
After the defendant’s responses arrive, both parties enter the discovery phase of the lawsuit, during which attorneys and their clients review and assess all the facts of the case. It is your lawyer’s responsibility to become aware of and understand as much as possible what the other party knows. It is expected that both parties will have their point of view on the events and circumstances causing the injury. A good lawyer will take stock of how both parties’ perspectives differ.
During discovery, witnesses for both sides are deposed, experts give their sworn testimonies, and individuals responsible for the injury or accident must testify on their own behalf. Discovery is essential because neither side wants any information presented at trial to be a surprise. Knowing what the defendant’s side will bring to trial allows your attorney to develop a strategy to prove your case and counter the narrative the other attorneys will likely present.
Lawyers can use four types of discovery in personal injury cases:
- Interrogatories (questions)
- Request for production of documents
- Request for admission of facts
Experienced Personal Injury Lawyers in Cincinnati
Personal injury cases can be quite complex, but the attorneys at Clements, Taylor, Butkovich & Cohen LPA, Co., can answer your questions and guide you through the entire process. If you have a new personal injury case, you can schedule a free consultation by calling 513.721.6500. A member of our team would be happy to help you.