Top Rated Negligence Car Accident Attorney Near Me in Benson For 2024
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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become hurt either in an accident or by way of the negligence of others? Many times problems can be determined through insurance or through a small claims case. Every once in a while it’s probably a good idea to forget about it and move on.
But sometimes you could use someone to take your side. Someone that will fight for you. A professional who will really fight for your side. Then you really need a Benson personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the incident happened.
Being harmed by a crime, accident, or willful negligence is never a good time. It’s an emotional time, and seeing the situation objectively is very hard. But staying calm and collected can make the difference between getting the proper payment or dropping the case with no money.
A great Benson personal injury professional can act as a buffer between you and the challenging 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 realize the breadth of the situation until talking with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Benson Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 lawyer is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person could hire a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take?
The PIL usually takes a large variety of cases falling into two primary groups. 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 uncaring state or incompetence of another.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last 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 do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up going to court.
However, 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they would 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 on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award as soon as possible rather than later. Or they may simply not want to finish 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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of locating 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 detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim 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 Negligence Car Accident Attorney Near Me in Benson
Here at DeLozier Law, we have many 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!