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Duties of a Public Transportation Personal Injury Lawyer Near Me:
Has a loved one or you become injured in an accident or by way of the negligence of others? Sometimes incidents can be determined through insurance or through a small claims case. Every once in a while it can be probably best to drop it and get on with your life.
But maybe you need someone to take your side. Someone that will gun for your case. A person who can fight for your side. Those are the times you really should have a St. Johns personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident occurred.
Being injured by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing things objectively is nearly impossible. However, remaining calm and collected can be the difference between getting the best compensation or quitting the case feeling horrible.
A successful St. Johns personal injury professional can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our challenging 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 realize all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a St. Johns Public Transportation Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what cases can a personal injury lawyer fight for?
The PIL usually handles a wide 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, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of 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 main study of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of the legal universe, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim will end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settling the case will keep it on the DL. 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 provoke 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. Protracted court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 in the best interest of either party. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, decides whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Public Transportation Personal Injury Lawyer Near Me in St. Johns
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!