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What a Plane Personal Injury Lawyer Near Me does:
But perhaps you really could use someone to get your back. Someone who will fight for your case. Someone who can fight on your side. Those are the times you really need a Benson personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is challenging. But staying calm and logical can make the difference between receiving the proper compensation that you deserve or leaving the case with nothing.
An experienced Benson personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even get the full breadth of what could happen until discussing the matter with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move ahead with any potential case.
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What is a Benson Plane Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 begin the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents in relation to your case, and use all possible resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take?
A PIL usually handles a wide variety of cases that can be separated into two primary fields. 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 carelessness or incompetence of someone.
The second primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone purposely 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 causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 may end up going to trial.
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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party 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 give much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation works out, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, 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 partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Benson
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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 602-464-9666!