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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or by way of the neglect of others? Sure, sometimes problems can be dealt with through personal insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But at times you need someone to take your side. Someone that will really gun for you. A professional who can really fight on your side. Those are the times you really need a Clarkdale personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But keeping cool and logically oriented can be the difference between receiving the proper price or quitting the case with no settlement.
An experienced Clarkdale personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even comprehend the potential consequences of what might occur until sitting down with a professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and if they can help with your case, and help you move forward with any possible claim.
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What is a Clarkdale Body Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover cash 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 attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party might retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
A PIL usually takes a wide number of cases that can be divided 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 carelessness or incompetence of another person.
The second primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won 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 these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case will end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many 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 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 out of the news and the public eye. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. 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 beat the claim.
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 accusing party would 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 award a much lesser amount.
What are the PIL Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Body Injury Lawyer Near Me in Clarkdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!