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What a Non-Accident Personal Injury Lawyer Near Me does:
Have you or a loved one been injured either in an accident or through the willful negligence of someone? There are times issues can be dealt with by insurance or through a small claims case. If it is extremely minor it’s a good idea to forget about it and move on.
But at times you could use someone to take your side. Someone that will really gun for your case. Someone who will really fight for your side. That’s when you really should have a Clarkdale personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s a very trying time, and being objective is very hard. However, keeping calm and logical can be the difference between getting the proper price that you deserve or leaving the case broke.
A Clarkdale personal injury legal representative can act as a buffer between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Many people may not even fully realize the full breadth of what could happen until sitting down with a legal professional. An attorney can help you see all of this objectively, determine the claim and how they can help with your case, and help you move ahead with any potential claim.
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What is a Clarkdale Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money 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 begin the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take?
A PIL usually handles a large number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second main field of a PIL is the intentional wrongful case. An intentional tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is nearly endless.
In addition, unlike pretty much all other fields of the legal world, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is 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 Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 unacceptable that a personal injury claim 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 a lot of reasons:
First, a settlement lends itself to 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 may 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 big trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation in the near term rather than later. Or they may simply not want to complete 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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed 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 required.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. 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 additional negotiations, agree to the new terms, or go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Clarkdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!