Top Rated Non-Accident Personal Injury Lawyer Near Me in Benson For 2024
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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you become injured either in an accident or by way of the willful neglect of others? There are times things can be determined through insurance or through a small claims court. If it is extremely minor it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth .
But at times you really could use someone to have your back. Someone that will really fight for your case. Someone who will really fight on your side. Then you really must have a Benson personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and being objective is challenging. However, staying calm and logically oriented can be the difference between receiving the fair payment that you deserve or dropping the case feeling like you should have gotten a better deal.
A great Benson personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the full breadth of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with the process of any potential case.
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What is a Benson Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum 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 on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information for 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 possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
A PIL usually handles a large number of cases that can be separated 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. 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 negligence or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of law, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim could potentially end up going to trial.
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 unneeded legal costs. If the party that is liable is completely 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 DL. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 in the best interest of either party. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 finding 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 opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will 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 Non-Accident Personal Injury Lawyer Near Me in Benson
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!