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Duties of a Negligence Car Accident Attorney Near Me:
But perhaps you could use someone to take your side. Someone that will really fight for you. A person who will really fight for your side. Sometimes you really should have a Clifton personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is never fun. It’s a very trying time, and seeing the situation objectively is difficult. But remaining calm and logically oriented can be the difference between getting the appropriate payment or going home with no settlement.
A Clifton personal injury professional can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our legal system. Many people may not even get the full breadth of what’s happening until conversing with a legal professional. An attorney can help you realize all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move forward with the process of any potential case.
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What is a Clifton Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally 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 lawyer is usually hired to start the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured party can retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
The PIL usually handles a wide 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, automobile accidents, child neglect, 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 negligence or incompetence of someone else.
The second primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposely hurts 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 potential reasons for a personal injury case is essentially endless.
In addition, unlike most other areas of law, personal injury attorneys usually 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 just 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 final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case will end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 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 non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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.
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only partially agrees to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Clifton
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!