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What a Personal Injury Lawyer Near Me does:
Has a loved one or you been injured in an accident or by way of the willful neglect of someone? At times issues can be settled by personal insurance or through a small claims court. If it is very minor it’s best to drop it and get on with your life. But at times you could use someone to get your back. Someone that will really fight for your case. A professional who can 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 money and personal, so you can get back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and being objective is nearly impossible. However, keeping cool and collected can be the difference between receiving the proper payment or leaving the case with a situation you will never recover from.
A Buckeye personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even understand the potential consequences of the situation until discussing the matter with a professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Buckeye Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 lawyer is usually hired to begin the lawsuit and another civil attorney is hired 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 case involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what cases would a personal injury lawyer fight for?
The PIL usually takes a wide variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 negligence or incompetence of another person.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other areas of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may end up going to trial.
But 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 fees. If the defendant 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment in the near term rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
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 legal professional has built 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 suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal 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 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!
