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What a Body Injury Lawyer Near Me does:
Have you or a loved one been injured either in an accident or through the willful negligence of others? Sometimes issues can be determined by personal insurance or through a small claims court. Every once in a while it’s probably best to forget about it and move forward.
But at times you really could use someone to get your back. Someone who will really gun for your cause. A person who can really fight on your side. Then you really must have a Somerton personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident happened.
Being injured by a crime, accident, or negligence is never enjoyable. It’s a very trying time, and being objective is difficult. However, keeping cool and logical can be the difference between receiving the appropriate payment or leaving the case broke.
A great Somerton personal injury professional can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even get the implications of the situation until talking with a professional. That person can help you see all of this objectively, determine the potential of a claim and whether or not they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Somerton Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation 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 another person, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury lawyer when said case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents related to your case, and use all their potential resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL usually takes a large number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, separate from nearly all other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there is 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 Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case will end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is 100% 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 give 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 large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed 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 demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Somerton
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we helped them get the settlement they needed and 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!