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What a Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or by way of the negligence of others? At times issues can be worked out through insurance or through a small claims court. If it is not worth fighting for it can be best to walk it off 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 that will gun for your cause. A professional who will fight for your side. Sometimes you really must have a Parker personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is nearly impossible. However, keeping calm and logically oriented can be the difference between getting the proper price or leaving the case a permanently awful situation.
An experienced Parker personal injury professional can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even understand the potential consequences of the situation until discussing the matter with a legal professional. That person can help you see all of this in a more objective light, determine the claim and whether they can help with your case, and help you move forward with the process of any potential claim.
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What is a Parker Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the legal professional could fie a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL usually takes a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is essentially endless.
In addition, and in contrast to most other areas of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there is 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 a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. 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 totally unacceptable that a case will 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 a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is fully 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case 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 finding 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turns out, decides if they will bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in Parker
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!