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Duties of a Car Accident Lawyer:
But maybe you really need someone to have your back. Someone who will really gun for your cause. A professional who can fight for your side. Sometimes you really should retain a Benson personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an emotional time, and being objective is difficult. However, staying calm and collected can make the difference between receiving the best payment or quitting the case feeling incompetent.
A great Benson personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the full breadth of what could happen until speaking with a professional. That person can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move ahead with any potential case.
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What is a Benson Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 initiate the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury professional when the dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
A PIL usually handles a wide 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, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, separate from nearly all other fields of law, personal injury lawyers almost always work on a contingency fee basis. This means 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 any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 totally unacceptable that a claim will end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 attorney 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 required.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim 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 to all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or only partially agrees to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Benson
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 602-464-9666!