Top Rated Non-Accident Personal Injury Lawyer Near Me in Clifton For 2024
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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you become injured in an accident or by way of the willful negligence of someone? Many times problems can be determined by insurance or through a small claims case. If it is not worth fighting for it can be a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you need someone to take your side. Someone who will really fight for you. A professional who can really fight on your side. Then you really must have a Clifton personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is very hard. But remaining cool and collected can make the difference between receiving the best compensation that you deserve or going home feeling like you didn’t get what you wanted.
A Clifton personal injury professional can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the facts of what might occur until sitting down with a professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move forward with the process of any possible claim.
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What is a Clifton Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 attorney is usually hired to bring the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party will hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues caused by the injury, and more.
After the PIL 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 their potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation falls through, the legal professional may file a lawsuit in response. But what cases would a personal injury attorney accept?
The PIL usually tackles a wide variety of cases that can be divided into two main groups. 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 negligence or incompetence of someone.
The other main study of a PIL is the purposely executed tort case. An intentional tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely 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 send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case may end up going to court.
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 unneeded legal costs. If the defendant is fully 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, 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 terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement, it will be up to the plaintiff 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 Clifton
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 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!