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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you been hurt either in an accident or through the willful neglect of someone? Many times incidents can be dealt with through personal insurance or through a small claims case. Occasionally it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But there are times you could use someone to get your back. Someone that will really fight for your case. A person who will fight for your side. That’s when you really should retain a Litchfield Park personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is not fun. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, keeping calm and logically oriented can make the difference between receiving the best compensation or going home with no recourse.
An experienced Litchfield Park personal injury professional can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Many people may not even realize the potential consequences of what could happen until talking with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move forward with any potential claim or case.
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What is a Litchfield Park Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the broader 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 a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney accept?
A PIL usually takes a wide number of cases that can be separated into two primary categories. 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 carelessness or incompetence of someone else.
The other primary study of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in a Personal 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 wind up floating back and forth in limbo or an offer is unacceptable that a case can end up in front of a judge.
But it is unusual 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 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation as soon as possible 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 win the case.
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 what either party wants. 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 court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney has formed 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 requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Litchfield Park
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!