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Things a Plane Personal Injury Lawyer Near Me does:
Have you or a loved one become hurt either in an accident or by way of the neglect of others? Sure, sometimes incidents can be determined through insurance or through a small claims case. Occasionally it’s best to drop it and get on with your life because it may cause you more headache than it is worth .
But at times you really need someone to have your back. Someone that will fight for your case. A professional who can really fight on your side. Then you really must have a St. Johns personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident occurred.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and being objective is challenging. But remaining cool and logical can make the difference between receiving the fair payment that you deserve or quitting the case with no settlement.
An experienced St. Johns personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the facts of the situation until conversing with a professional. An attorney can help you see all of this objectively, determine if a potential claim exists and how they can be of service, and help you move forward with any possible claim or case.
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What is a St. Johns Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 attorney is retained by the defendant. In the case of bodily injury, the injured person may retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney take on?
The PIL generally tackles a large variety of cases falling into two primary fields. 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 carelessness or incompetence of another person.
The second primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, unlike most other fields of the legal world, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is completely 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 or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to court. 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 completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Plane Personal Injury Lawyer Near Me in St. Johns
Here at DeLozier Law, we have many 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!