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Duties of a Train Personal Injury Lawyer Near Me:
Have you or a loved one become hurt either in an accident or through the neglect of someone? Many times incidents can be settled by personal insurance or through a small claims case. Every once in a while it can be a good idea to forget about it and move on.
But perhaps you could use someone to take your side. Someone that will really gun for your case. A person who can really fight for your side. Those are the times you really should retain a Douglas personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being victimized by a crime, accident, or negligence is not a good time. It’s an extremely trying time, and seeing the situation objectively is challenging. But keeping cool and logically oriented can make the difference between receiving the fair compensation or quitting the case with your tail between your legs.
An experienced Douglas personal injury legal representative can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the potential consequences of the situation until talking with a professional. That person can help you see all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move forward with the process of any potential case.
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What is a Douglas Train Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL usually handles a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second primary study of a PIL is the intentional wrongful case. A purposeful tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is nearly endless.
In addition, separate from most other areas of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim can end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is fully aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, settlement allows the injured party 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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the case in front of a judge. This is determined by how much the other party 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 go to trial. If the other party agrees to some of the terms but not others or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Train Personal Injury Lawyer Near Me in Douglas
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!