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Has a loved one or you been injured either in an accident or by way of the willful negligence of someone? There are times incidents can be determined through personal insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move on because it may cause you more headache than it is worth spending your time on.
But perhaps you really need someone to take your side. Someone who will really fight for your cause. A professional who will really fight on your side. Then you really should retain a Buckeye personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing things objectively is nearly impossible. But staying cool and logical can be the difference between getting the best compensation or quitting the case feeling like you should have gotten a more appropriate solution.
A Buckeye personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Most people may not even realize the implications of what could happen until sitting down with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with any potential case.
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What is a Buckeye Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category 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 someone else, a civil attorney 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 will hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
The PIL usually handles a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs 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 tell the list of causes for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of law, 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 has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly 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 necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case will end up in court.
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 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 probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial award as soon as possible 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 whatever it takes 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 the best situation for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting 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 requested.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Legal Malpractice Attorney in Buckeye
Here at DeLozier Law, we have many 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!