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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become hurt in an accident or through the negligence of others? Sometimes problems can be worked out by insurance or through a small claims court. Occasionally it’s a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But there are times you could use someone to have your back. Someone who will really fight for you. A person who can fight for your side. Those are the times you really should retain a Wellton personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is difficult. However, staying cool and logically oriented can be the difference between receiving the fair payment or quitting the case with no recourse.
An experienced Wellton personal injury professional can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even get the implications of what could happen until discussing the matter with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move ahead with any possible case.
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What is a Wellton Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other assets 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 initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to the case, and use all their potential resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response. But what cases would a personal injury attorney take?
A PIL generally takes a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main field of a PIL is the intentional tort case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is nearly endless.
In addition, which is different than most other areas of the legal world, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a 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 personal injury claim can end up going to court.
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 other party is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the DL. 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 agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 plaintiff may in many cases rather settle for 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 give a much lesser amount.
What are the Personal Injury Lawyer’s 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the 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.
Choose the Successful Negligence Car Accident Attorney Near Me in Wellton
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!