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Things a Body Injury Lawyer Near Me does:
Have you or a loved one been hurt either in an accident or by way of the willful neglect of someone? At times incidents can be determined through personal insurance or through a small claims court. Every once in a while it can be probably best to forget about it and move on.
But there are times you could use someone to take your side. Someone who will fight for your case. Someone who will fight on your side. Sometimes you really need a Buckeye 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 injury occurred.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is hard. However, staying calm and logically oriented can make the difference between getting the appropriate price that you deserve or quitting the case feeling like you didn’t get what you wanted.
A great Buckeye personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. Many people may not even understand the facts of the situation until conversing with a legal professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with any possible claim.
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What is a Buckeye Body Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets 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 hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response. But what cases could a personal injury lawyer accept?
A PIL usually handles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 person.
The other main field of a PIL is the intentional 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 similar situations. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal world, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party 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 down low. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is required 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 a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement, 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 Body Injury Lawyer Near Me in Buckeye
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 602-989-1759!