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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one become hurt in an accident or through the willful negligence of someone? Sure, sometimes things can be resolved through insurance or through a small claims case. Every once in a while it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But at times you really need someone to have your back. Someone who will fight for your cause. Someone who can fight on your side. Those are the times you really should retain a Globe personal injury professional that will fight for your rights, both financial and individually, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and being objective is challenging. However, keeping calm and logical can make the difference between getting the fair payment that you deserve or quitting the case feeling like you didn’t get what you wanted.
A great Globe personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. Many people may not even get the potential consequences of what might occur until discussing the matter with a legal professional. That person can help you realize all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Globe Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally 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 attorney is usually hired to start the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party can retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all possible resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation falls through, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
A PIL generally takes a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other areas of law, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be 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 the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a 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 end up going to trial.
However, 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 unnecessary legal fees. If the defending party is totally aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible 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 complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And finally, 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case 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 finding 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees, 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 go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Globe
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!