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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or through the willful neglect of someone? There are times problems can be solved by insurance or through a small claims case. If it is very minor it’s best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone that will really fight for your case. A professional who can fight for your side. Sometimes you really should have a Clarkdale personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or negligence is not ever a good time. It’s an emotional time, and seeing things objectively is hard. But staying cool and logically oriented can be the difference between getting the best payment that you deserve or going home with no money.
An experienced Clarkdale 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 our intense legal system. If you are like most people, you may not even get the full breadth of what might occur until sitting down with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and if they can be of service, and help you move forward with the process of any possible claim.
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What is a Clarkdale Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually hired to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person can hire a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the attorney has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
The PIL usually tackles a large variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The other main study of a PIL is the intentional tort case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up in front of a judge.
However, 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 unnecessary legal fees. If the other party is completely 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award sooner rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Clarkdale
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 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!