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Things a Car Accidents Caused by Negligence Lawyer does:
Has a loved one or you become injured in an accident or through the willful neglect of others? 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 walk it off and move forward because it may cause you more headache than it is worth fighting for.
But at times you really need someone to get your back. Someone that will really fight for you. A professional who can fight on your side. That’s when you really should have a Benson personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and being objective is very hard. However, staying cool and logical can make the difference between getting the fair price that you deserve or quitting the case with nothing.
An experienced Benson personal injury attorney can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even fully realize the implications of what’s happening until speaking with a legal professional. A legal adviser can help you realize all of this objectively, determine the 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 Benson Car Accidents Caused by Negligence Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party could hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation falls through, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
The PIL generally takes a large variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other primary study of a PIL is the intentional injustice case. An intentional tort happens when someone intentionally injures 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 potential reasons 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 usually 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 is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving 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 claim can end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is fully 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award sooner 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 go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give 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 occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turned out, decides if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Benson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!