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What a Car Accident Lawyer does:
But sometimes you really could use someone to have your back. Someone who will really fight for your cause. A professional who can really fight for your side. Sometimes you really need a Buckeye personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is never a good time. It’s a very trying time, and being objective is very hard. But keeping cool and logical can be the difference between getting the best compensation or going home with a situation that you will not like at all.
An experienced Buckeye personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Many people may not even comprehend the full breadth of what could happen until speaking with a professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move ahead with any possible claim.
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What is a Buckeye Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 begin the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party might retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
A PIL usually takes a large number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 uncaring state or incompetence of another.
The second main study of a PIL is the purposely executed injustice case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of the legal universe, personal injury professionals usually work on a contingency fee basis. What this means is 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 only upon 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 so simple. The injured party can 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 case can end up going to trial.
But 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is completely 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may simply not want to go through 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 what either party wants. The plaintiff may in many cases 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 claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Buckeye
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!