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Has a loved one or you been hurt in an accident or by way of the willful negligence of others? Sometimes things can be settled by personal insurance or through a small claims court. Every once in a while it can be probably a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But sometimes you really need someone to get your back. Someone that will really fight for your cause. A person who will really fight for your side. Sometimes you really should retain a Buckeye personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is difficult. However, remaining cool and logical can be the difference between getting the appropriate price that you deserve or dropping the case with a situation you will never recover from.
A successful Buckeye personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. Many people may not even realize the implications of what could happen until speaking with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with any possible case.
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What is a Buckeye Injury From Doctor Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured person can retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their potential resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
The PIL usually handles a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, unlike pretty much all other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
And lastly, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Injury From Doctor Lawyer Near Me in Buckeye
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and helped them get the settlement they deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!