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What a Injury From Doctor Lawyer Near Me does:
Have you or a loved one been injured either in an accident or through the neglect of someone? Sometimes things can be settled by insurance or through a small claims court. If it is extremely minor it’s probably best to drop it and move forward because it may cause you more headache than it is worth spending your time on.
But maybe you need someone to get your back. Someone who will fight for your case. Someone who will really fight on your side. Then you really should have a Litchfield Park personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the injury happened.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing things objectively is nearly impossible. But keeping calm and collected can make the difference between receiving the proper payment that you deserve or quitting the case empty handed.
A great Litchfield Park personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the full breadth of the situation until talking with a professional. A legal adviser 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 any potential claim.
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What is a Litchfield Park Injury From Doctor Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured person might retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL generally handles a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposely 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 causes for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of the legal world, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 just flat-out refused that a personal injury claim 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% 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 DL. 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 privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award in the near term 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 everything else that is necessary to win the case.
And lastly, 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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
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 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 suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Injury From Doctor Lawyer Near Me in Litchfield Park
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 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!