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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or by way of the willful negligence of others? There are times things can be settled by personal insurance or through a small claims court. Occasionally it’s probably best to drop it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But at times you could use someone to take your side. Someone that will really gun for your case. Someone who can fight on your side. Then you really should have a Carefree personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not ever fun. It’s an emotional time, and seeing things objectively is nearly impossible. But remaining calm and logical can be the difference between getting the appropriate price or dropping the case worse off than before.
A successful Carefree personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even comprehend the breadth of what might occur until discussing the matter with a legal professional. An attorney can help you see all of this objectively, determine the claim and whether or not they can be of service, and help you move forward with any potential claim.
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What is a Carefree Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party can retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL usually takes a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other main field of a PIL is the purposely executed injustice 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. In the end, the list of causes for a personal injury case is basically endless.
In addition, and in contrast to 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 beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 totally unacceptable that a claim could potentially 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 unneeded legal costs. If the other party is fully 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 high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation works out, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Personal Injury Lawyer Near Me in Carefree
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!