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Things a Negligence Car Accident Attorney Near Me does:
Have you or a loved one become injured in an accident or by way of the willful negligence of others? At times incidents can be dealt with by personal insurance or through a small claims court. Occasionally it’s a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone who will really fight for your cause. Someone who will fight on your side. That’s when you really need a Superior personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and seeing things objectively is nearly impossible. But remaining cool and collected can be the difference between receiving the best payment that you deserve or leaving the case feeling like you didn’t get what you wanted.
A Superior personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. Many people may not even realize the implications of what’s happening until speaking with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move ahead with any possible claim or case.
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What is a Superior Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity on behalf of 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 attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person might retain a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation falls through, the attorney could fie a lawsuit in response. But what cases can a personal injury attorney take?
A PIL generally handles 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, automobile accidents, child negligence, 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 uncaring state or incompetence of someone else.
The second primary study of a PIL is the intentional tort case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, unlike pretty much all other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 so simple. The injured party can 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 claim may end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 what either party wants. 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 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Superior
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!