Personal Injury and Victims’ Rights: Searching for a Viable Defendant

Every year, we find it difficult when we must turn away good cases for which there isn’t a viable defendant. In other types of personal injury cases, sometimes we must decline representation because it would be nearly impossible to pursue. A potential reason for the latter scenario is the unlimited resources of the defendant, such as a government case without clear liability. By this, we mean there’s an at-fault party with an applicable insurance policy or assets that could be potentially recovered from a settlement or a successful lawsuit. However, federal or state legislation places the burden of proof on the victims.

We understand that you are hurt, and the injuries are not your fault. We want to sit down and evaluate the facts of your case at no cost or obligation to you and your family. This will help us to determine if there is a good chance of making a recovery on your behalf. In our legal specialty, we are not ethically permitted to make promises of any kind about the potential outcome of the case. We can do our best to bring the defendants in your case to justice through the civil court system of Ohio.

Breaking Down Victims Rights

We were reading about the troubles faced by victims of a recent church shooting in Texas, which resulted in injuries and deaths. The accused shooter had been convicted by the U.S. Air Force in a court-martial proceeding for abusing his wife and her child several years before the tragedy. However, that information was never entered into a federal database for gun purchasers, according to the news story. The clerical error provides a grounds for shooting victims and their families to make a claim against the U.S government.

Making a Case to Protect Victims Rights

“‘Proving such a direct link wouldn’t be easy,’ said Tony Romanucci, a leading personal injury attorney based in Chicago. ‘In a regular negligence case, you only have to prove some act was ‘a’ cause of an injury,’he explained. But according to federal statutes that lay out the ground rules for suing the government, ‘you have to show it is ‘the’ cause of the injury. … That is a much, much higher standard.’”

We Uphold the Standards of Ohio Personal Injury Statutes

Making a claim for a personal injury is about proving the at-fault party’s negligence. There are many cases we handle daily involving dog bites, motor vehicle accidents, bicycle accidents, pedestrian accidents, work-related injuries and deaths, and slip-and-fall cases for which it’s feasible to prove negligence. We recommend that you do your research and interview potential legal advisors about their experience with your type of case. It’s not wise to choose an attorney immediately following the accident or, in some cases, the crime for which you were a victim, solely based on advertising. Sitting down with a licensed attorney and having your questions answered without signing paperwork is a good step towards understanding which law firm fits your needs. You might choose one firm, for example, for a hard-to-prove DUI crash with injuries case than you would for a slip-and-fall claim against a big box store. Each firm specializes in different types of claims and has their own record of experience, especially when it comes to negotiating with applicable insurance companies.

Get Results

As personal injury lawyers serving clients who were hurt through no fault of their own in Ohio, we understand some cases are difficult to prove. We also believe in being honest with clients about our ability to take a case all the way through a jury trial and to potentially appeal a jury’s finding in order to obtain any recovery. Please trust us to discuss how an event has recently impacted you and your family physically, mentally, and financially. This legal matter is very important to us. For a free consultation, please contact us today.

Work With Our Miami County Legal Team

Whatever your demands, Dungan & LeFevre is the full-service law firm you need. We can help you explore your options, guide you through challenges, and represent you in court. You can rely on our experience and knowledge to steer you to your best decision for the most reasonable price. Get started with a consultation.