Top Rated Wrongful Death Lawyer Near Me in Benson For 2021
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Things a Wrongful Death Lawyer Near Me does:
But perhaps you really could use someone to take your side. Someone who will really fight for your cause. A person who will fight on your side. That’s when you really should retain a Benson personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not enjoyable. It’s a very trying time, and seeing the situation objectively is hard. However, remaining cool and collected can make the difference between receiving the fair payment that you deserve or leaving the case empty handed.
An experienced Benson personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even fully realize the full breadth of what could happen until sitting down with a professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and if they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Benson Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party could retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take?
A PIL generally tackles a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second main study of a PIL is the purposely executed tort 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 similar situations. As you can see the potential reasons for a personal injury case is nearly endless.
In addition, separate from pretty much all other areas of law, PILs usually 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 is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may very well end up in front of a judge.
However, it is unusual 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 liable party is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation 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 simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 Duties?
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 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 suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely 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 all of them or partially agrees to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Benson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!