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What a Wrongful Death Lawyer Near Me does:
Have you or a loved one been hurt either in an accident or through the willful negligence of someone? At times issues can be dealt with through insurance or through a small claims case. Every once in a while it can be best to forget about it and get on with your life.
But perhaps you could use someone to have your back. Someone that will gun for you. Someone who can fight on your side. That’s when you really should have a Taylor personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and being objective is challenging. But staying cool and logically oriented can make the difference between receiving the appropriate compensation or going home with no money.
An experienced Taylor personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Many people may not even get the potential consequences of the situation until conversing with a legal professional. An attorney can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with any potential case.
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What is a Taylor Wrongful Death Attorney?
To begin with, 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 on behalf of 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 bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury attorney when said case 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 retained, they will gather all of the information in 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 your case, and use all their 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 falls through, the legal professional will consider filing a lawsuit in response. But what cases does a personal injury attorney take?
The PIL generally handles a wide variety of cases falling into two primary categories. 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 negligence or incompetence of a person.
The other main study of a PIL is the intentional tort case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may end up in court.
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 unnecessary legal costs. If the defending party is 100% 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award sooner rather than down the road. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award 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 lawyer has built 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 demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Wrongful Death Lawyer Near Me in Taylor
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!