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Duties of a Body Injury Lawyer Near Me:
But sometimes you really need someone to have your back. Someone who will gun for your case. A professional who will fight for your side. Sometimes you really need a Clifton personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being injured by a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and seeing things objectively is difficult. However, staying cool and collected can be the difference between getting the proper compensation or leaving the case broke.
An experienced Clifton personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the facts of what could happen until discussing the matter with a professional. That person can help you realize all of this objectively, determine the claim and whether or not they can be of service, and help you move forward with any possible case.
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What is a Clifton Body 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 usually hired to recover cash or other financial means from a person or legal entity for 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 start the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party could hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents in relation to the case, and use all possible resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation falls through, the attorney may file a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
A PIL generally tackles a large 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, auto accidents, child negligence, and wrongful death cases. Wrongful death can be 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 someone else.
The second main field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposefully hurts 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 causes for a personal injury case is essentially endless.
In addition, and completely different from pretty much 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 beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up going to court.
But it is rare 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 costs. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it 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 big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 accusing party 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 due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of getting 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 breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation turns out, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Clifton
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!