Top Rated Wrongful Death Lawyer Near Me in Kearny For 2024
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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been injured in an accident or through the negligence of someone? At times things can be dealt with through personal insurance or through a small claims court. Occasionally it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you need someone to have your back. Someone that will really fight for you. Someone who can fight for your side. That’s when you really must have a Kearny personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. But keeping calm and logical can make the difference between getting the appropriate compensation or quitting the case with nothing.
An experienced Kearny personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even get the full breadth of what could happen until speaking with a professional. An attorney can help you see all of this objectively, determine the claim and whether or not they can be of service, and help you move ahead with any potential claim or case.
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What is a Kearny Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party might hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take?
The PIL usually tackles 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 negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, which is different than most other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can 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 totally unacceptable that a personal injury claim will end up going to trial.
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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 what either party wants. The accusing party may in many cases rather settle for a little 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 award a much lesser amount.
What are the PIL Tasks?
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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Kearny
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 needed and 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!