Top Rated Body Injury Lawyer Near Me in Kearny For 2024
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What a Body Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or by way of the willful neglect of someone? Sure, sometimes things can be resolved by insurance or through a small claims court. Occasionally it’s best to drop it and move forward.
But there are times you need someone to take your side. Someone who will really fight for your cause. A person who will really fight on your side. Sometimes you really should have a Kearny personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and seeing things objectively is nearly impossible. However, staying cool and logically oriented can make the difference between receiving the best compensation that you deserve or dropping the case empty handed.
An experienced Kearny personal injury professional can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of what could happen until talking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Kearny Body Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets 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 bring the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL usually takes a large number of cases that can be separated into two primary groups. 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 uncaring state or incompetence of someone else.
The second main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone 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 possible causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of law, 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 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 solely 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 could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well end up going to court.
But 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is fully 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 what either party wants. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not 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 absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Kearny
Here at DeLozier Law, we have many 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!