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What a Negligence Car Accident Attorney Near Me does:
Has a loved one or you been injured in an accident or by way of the neglect of others? Sure, sometimes things can be settled by insurance or through a small claims court. Occasionally it’s best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you really could use someone to have your back. Someone that will fight for your case. A professional who can fight on your side. Sometimes you really should have a Buckeye personal injury lawyer 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 before the injury occurred.
Being the victim of a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is challenging. However, remaining cool and logically oriented can make the difference between getting the fair payment that you deserve or going home with nothing.
A great Buckeye personal injury attorney can act as a buffer between you and the challenging 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 get the full breadth of what could happen until discussing the matter with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Buckeye Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and more.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
The PIL usually tackles a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary study of a PIL is the intentional injustice case. An intentional 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. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a case may end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is totally 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. In addition, if there are any 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 just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 in the best interest of either party. The plaintiff may in many cases rather settle for 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 give 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation works out, decides whether or not to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Buckeye
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!