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Things a Personal Injury Lawyer Near Me does:
Have you or a loved one become injured in an accident or by way of the willful neglect of someone? There are times things can be resolved through insurance or through a small claims court. If it is extremely minor it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth .
But perhaps you really could use someone to take your side. Someone that will fight for your cause. A person who will really fight on your side. That’s when you really need a Dewey-Humboldt personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is hard. But remaining calm and logically oriented can be the difference between receiving the proper payment that you deserve or leaving the case feeling like you should have gotten a more appropriate solution.
An experienced Dewey-Humboldt personal injury attorney can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of what’s happening until talking with a legal professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and whether or not they can help with your case, and help you move ahead with any possible case.
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What is a Dewey-Humboldt Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other valuables 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 bring the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party can hire a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be contacted, 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 he or she may first try to work out a settlement in the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases could a personal injury lawyer accept?
The PIL usually tackles a large 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, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of causes for a personal injury case is essentially endless.
In addition, and completely different from most other areas of the legal world, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a case can end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 lend 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 big publicity. And even a small trial can bring unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award in the near term rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation works out, 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.
Choose the Successful Personal Injury Lawyer Near Me in Dewey-Humboldt
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!