I've Stood in Your Shoes: The Story of an Injury Lawyer

I've Stood in Your Shoes: The Story of an Injury Lawyer free pdf ebook was written by on March 28, 2013 consist of 60 page(s). The pdf file is provided by www.pdfpedia.com and available on pdfpedia since June 10, 2013.

from the toledo accident lawyer charles boyk, a first-hand account of his experiences on the other side of personal injury law: as a client!...

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I've Stood in Your Shoes: The Story of an Injury Lawyer pdf




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I've Stood in Your Shoes: The Story of an Injury Lawyer - page 1
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I've Stood in Your Shoes: The Story of an Injury Lawyer - page 2
Copyright © 2013 by Charles E. Boyk, Michael A. Bruno, and Nicholas M. Dodosh All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author(s). Printed in the United States of America ISBN-10: 0615782051 ISBN-13: 978-0-615-78205-8 Charles E. Boyk Law Offices, LLC 405 Madison Avenue, Suite 1200 Toledo, OH 43604 www.charlesboyk-law.com
I've Stood in Your Shoes: The Story of an Injury Lawyer - page 3
TABLE OF CONTENTS PAgE: TOPIC: 7 9 I. II. Introduction To This Book The Story Of August 9, 2010 Lesson To Be Learned #1: I Can Personally Relate To That Moment That Changed Your Life – That Surreal Moment Where You Couldn’t Believe This Was Happening. 9 10 11 12 13 III. A. The Phone Call I Will Never Forget B. Getting In Contact With My Wife C. Arriving At The Hospital D. Seeing My Eight Year Old Son In Intensive Care The Hospital: The Story Of What Happened As Time Went On Lesson To Be Learned #2: Your Road To Recovery Can Be Bumpy, Long, and Difficult. I Know Because I Have Been Down The Same Road With My Child. 13 14 16 IV. A. Emergency Brain Surgeries B. Back From The Brink: Slow Improvement grieving and Reflecting: How Did This Happen To My Son? Lesson To Be Learned #3: While Grieving Is Normal And Important, It Is Also Important For You To Start Asking The “Who, What, Where, Where, Why, and How” Questions. 16 17 A. The Grieving Process B. The Three Meter (10 Foot) Diving Board
I've Stood in Your Shoes: The Story of an Injury Lawyer - page 4
19 19 V. The Investigation, Legal Research, And Finding Our Expert A. Learning That The Diving Board Did Not Comply With Ohio Code Lesson To Be Learned #4: You Need To Make Sure That A Careful Investigation Of The Law And The Facts Of The Accident Is Done To Confirm What Went Wrong And How The Injury Or Death Occurred. 21 B. My Big Initial Concern: The Legal “Open and Obvious Defense” Lesson To Be Learned #5: You Need To Be Prepared For The Tough Questions That Will Be Asked By Insurance Adjusters And Defense Lawyers During Recorded Statements Or Depositions. 25 C. The Decision To Find An Expert Beyond County Health Inspectors Lesson To Be Learned #6: You Need To Ask The Right Questions To Get To The Bottom Of How The Law Was Violated And How The Injury Or Wrongful Death Occurred. 26 D. The Pool Background Lesson To Be Learned #7: Investigating The Background Leading Up To You Or Your Loved One’s Injury Can Be Absolutely Critical. 30 E. Getting A True Expert’s Perspective Lesson To Be Learned #8: Finding The Right Expert For Your Case Can Mean The Difference Between A Successful Resolution And Getting Nothing. 34 VI. Mediation, The Settlement Negotiation Process, And Confidentiality Lesson To Be Learned #9: Going Into A Mediation With An Open Mind, Being Willing To Listen To The Defense’s Offers, And Engaging In A Fair “Back And Forth” Is Essential. 34 A. Preparing For The Mediation
I've Stood in Your Shoes: The Story of an Injury Lawyer - page 5
35 37 B. The Fight Over The Confidentiality Clause VII. Dealing With Liens: Maximizing The Amount Of Money That Ends Up In Your Pocket Lesson To Be Learned #10: Your Attorney Is Well Equipped To Negotiate Down Liens On Your Recovery In Order To Be Able To Put The Highest Possible Amount Of Money In Your Pocket. 39 VIII. A Structured Settlement To Last A Lifetime And Probate Court Settlement Approval A. Structuring The Settlement May Be The Smartest Financial Option Lesson To Be Learned #11: Your Attorney Can Advise You On The Ways That You Can Protect The Settlement Money And Make Sure It Lasts—Especially When A Child Is Involved. 39 42 B. The Probate Process And Your Child’s Settlement Lesson To Be Learned #12: The Probate Court Must Approve All Minor Settlements And Legal Guidance Throughout The Process Is Critical. 44 IX. Switching Roles: The Long-Time Attorney Becomes The Client A. Objective Case Evaluation vs. Emotional Involvement 44 Lesson To Be Learned #13: Because Your Attorney Will Logically Evaluate Your Case, And You Will Likely Emotionally Evaluate Your Case, At Some Point Your Attorney Will Probably Give You News That You Do Not Want To Hear. 46 B. Finding An Attorney You Trust, And Then Letting Them Do Their Job Lesson To Be Learned #14: Letting Your Attorney Take The Lead And Listening To His Advice Can Be Difficult, But It Is Essential.
I've Stood in Your Shoes: The Story of an Injury Lawyer - page 6
48 X. Joshua’s Post-Hospital Treatment And The Impact On School And Family Lesson To Be Learned #15: Even After A Settlement, The Struggles From The Injury Often Continue On. 52 XI. How Was It To Have Chuck Boyk As A Client? Lesson To Be Learned #16: The Attorneys In My Office Helped Me In My Time Of Need As A Client, And They Can Help You Too. 52 A. Chuck Boyk As A Client: A Firsthand Account From Attorney Michael Bruno B. Chuck Boyk As A Client: A Firsthand Account From Attorney Nicholas Dodosh About Attorney Charles E. Boyk Disclaimer 56 58 60
I've Stood in Your Shoes: The Story of an Injury Lawyer - page 7
I. Introduction To This Book What is your worst nightmare? What is the one thing on Earth that you would never want to have happen? For those of us with families, the answer is probably the catastrophic injury or death of a child. Many of us go through day- to-day life believing that such a terrible thing might happen to other people but “could never happen to me.” I believed the same thing for a long time, until the summer of 2010, when it did happen to me. This is my story. I’m attorney Charles Boyk. I have been practicing law in Ohio for over 29 years and I have handled over 5,000 personal injury cases ranging from small dog bite cases to catastrophic wrongful death cases. Although I work in downtown Toledo, I live in rural Bowling Green, Ohio with my Wife, Joann, and our four school-age children, Sarah, Emily, Jacob, and Joshua. Sarah and Emily are our biological children, while Jake and Joshua were adopted as infants from Korea. While I have always been sympathetic to the difficult times that my clients often go through, I had never actually been in their shoes. In other words, neither I nor my family had ever been seriously injured as a result of someone else’s negligence. That all changed on August 9, 2010 when a local swimming club’s violation of important yet basic safety rules led to one of my children being critically injured. This is the story of how I learned what it’s like to be in your shoes as a client. I am going to tell you a story that is difficult for me to tell – it is about how my eight-year-old son, Joshua, landed on his head after falling from a negligently maintained 10-foot-high diving board that did not comply with Ohio code. Joshua had bleeding on the brain, spent twenty-one days in the hospital, underwent two emergency brain surgeries, contracted meningitis along the way, and ended up with a traumatic brain injury that will affect him for the rest of his life. I have felt many, if not all, of the emotions that you may be feeling right now. As if the injury and accompanying emotional toll were not enough, I had to put up with an insurance company that refused to accept liability for my son’s injuries. I had to sit back and listen to unremorseful defendants insist they did nothing wrong. I had to witness teams of defense doctors and neuropsychological experts evaluating my son for days on end in an effort to try and say that he was fine. I had to deal with defense lawyers that tried to have my son’s case thrown out of court and then made insultingly low settlement offers. Some of this may be happening to you right now, or, unfortunately, it 7
I've Stood in Your Shoes: The Story of an Injury Lawyer - page 8
may happen to you in the future, because all too often this is the twisted “game” that insurance companies and defense lawyers play. One of the most important and difficult things that I had to learn to do throughout the course of the case sounds so simple, but was sometimes very difficult to do: I had to trust my attorneys. I can relate to what you are going through. It is tough. I have been there. I can empathize. I am going to tell you my story in the hopes that you can find some comfort during your journey through the legal process and know that you are not alone. As you read through this book, I will show you how my son’s case was a perfect example of 16 lessons to be learned when you are seeking out an attorney to handle a serious personal injury case on behalf of you or a loved one. These lessons are just as applicable to your case as they were to my son’s case. 8
I've Stood in Your Shoes: The Story of an Injury Lawyer - page 9
II. The Story Of August 9, 2010 Lesson To Be Learned #1: I Can Personally Relate To That Moment That Changed Your Life – That Surreal Moment Where You Couldn’t Believe This Was Happening. A. The Phone Call I Will Never Forget You probably have that moment where you were injured (or when you got the news that your loved one had been injured) stuck in your memory forever. No matter how bad you may want to forget, the memory is there like a scar that will never go away. I know this because I remember August 9, 2010 like it was yesterday, and it is a day I will never forget. It was your average Monday afternoon and I was sitting in my office talking with my legal staff when the meeting was suddenly interrupted by an urgent phone call. It was the mother of a woman whose child was friends with my oldest son, Jake. She went on to tell me that she was at a local swimming pool and that my younger son, Joshua, then 8, had fallen from the three-meter high dive, had hit his head on the concrete pool deck, and was bleeding from his skull. As I was speaking with the woman, I heard in the background a blood curdling scream. It was Joshua. While I took some slight comfort in knowing that Joshua was conscious, the woman could not answer my questions about how badly he was hurt. She simply did not know. All that she could say was that there was blood, that the ambulance was on its way, and that they would be taking Joshua to the hospital. His older brother, Jake, age 10, who was also at the pool, would ride in the ambulance along with Joshua. I had to hang up not knowing how bad Josh’s injuries actually were. I headed to my car and started driving in the general direction of Toledo Hospital and The University of Toledo Medical Center – I knew the ambulance would head to one of those places. But, I had no idea how bad this was: was it a cut on his head, a fractured skull, could it be worse? All I knew was that he was conscious and I called my wife, Joann, from the road. 9
I've Stood in Your Shoes: The Story of an Injury Lawyer - page 10
When clients or potential clients such as you come into my office for the first time to discuss their case, I am in a unique position to be able to relate to that moment when their life changed and empathize with them. I think that is one of the things that makes my firm different from the other firms in town. While there are several Toledo law firms that are capable of handling large and complex personal injury cases, my firm not only has a proven track record, but also has been through the personal struggles of handling a tragic case involving the boss’s own son. When clients tell me their story for the first time, I can relate, and I know what it is like to be in their shoes. B. Getting In Contact With My Wife When I called my wife Joann from the road, I learned that it just so happened that she was already at a doctor’s appointment with one of my daughters at Toledo Hospital. Because my wife was actually in the appointment, it took me a few calls before I was able to get a hold of her and tell her what had happened. Once we got off the phone, Joann called over to the pool and was told that Joshua, who we often called “Josh,” was not hurt that bad, but they needed to know which hospital to take him to. Seeing as how Joann was already at Toledo Hospital which is known as having an excellent pediatrics unit, the decision was made to have the ambulance take Josh there. Of course, I would later learn that in fact Josh was hurt very badly. Maybe this happened to you in your case? Maybe at first you were told that your injury or your loved one’s injury was not that bad, only to later be told that it was life threatening. It is like a terrible roller coaster ride, and it is awful. I can relate to my clients who have been in that situation. I know what it is like, and I understand. 10
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