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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the willful neglect of others? At times things can be resolved through insurance or through a small claims case. Every once in a while it can be probably best to forget about it and move on.
But maybe you need someone to get your back. Someone that will fight for your case. A professional who will really fight for your side. Those are the times you really must have a Page personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury happened.
Being hurt in a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is challenging. But keeping calm and logically oriented can make the difference between receiving the proper compensation that you deserve or leaving the case with no settlement.
An experienced Page personal injury professional can act as a buffer between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even understand the full breadth of what might occur until talking with a professional. An attorney can help you see all of this objectively, determine the potential of a claim 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 Page Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 lawyer 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 will hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer fight for?
The PIL usually tackles a wide variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, 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 another.
The other primary field of a PIL is the intentional tort case. An intentional tort happens when someone willfully 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 potential causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of the legal universe, PILs 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 has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case 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 variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they would 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 DL. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award as soon as possible rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely 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 locating 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 defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Page
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!