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Duties of a Car Accidents Caused by Negligence Lawyer:
Have you or a loved one become injured in an accident or through the willful negligence of others? Sometimes problems can be resolved by personal insurance or through a small claims court. Occasionally it can be best to walk it off and move on because it may cause you more headache than it is worth .
But there are times you could use someone to take your side. Someone that will fight for your cause. A professional who can fight for your side. That’s when you really should have a Clifton personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is not fun. It’s a very trying time, and being objective is very hard. However, remaining cool and collected can make the difference between getting the proper price or leaving the case with no settlement.
A successful Clifton personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. Many people may not even realize the potential consequences of the situation until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and whether they can help with your case, and help you move forward with the process of any possible case.
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What is a Clifton Car Accidents Caused by Negligence Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person can hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the attorney could fie a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
The 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, automobile accidents, child negligence, 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 a person.
The second main field of a PIL is the purposely executed tort case. A purposeful tort occurs when one person willfully injures 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 possible causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications 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 receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case can end up going to trial.
But 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 unneeded legal costs. If the other party 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 settlement can help keep the case low profile. This is especially important for high profile people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 for either. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of 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 Tasks?
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 legal professional has formed 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 attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees 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 to terms, 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 Car Accidents Caused by Negligence Lawyer in Clifton
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!