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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or through the willful neglect of someone? Sure, sometimes things can be resolved through insurance or through a small claims court. Every once in a while it can be probably best to walk it off and get on with your life.
But at times you really need someone to take your side. Someone that will fight for you. Someone who will really fight on your side. Then you really must have a Clifton personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is not enjoyable. It’s a very trying time, and being objective is nearly impossible. But keeping calm and logically oriented can make the difference between getting the fair compensation or going home with nothing.
An experienced Clifton personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. Many people may not even get the full breadth of what could happen until speaking with a professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and how they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Clifton Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other assets 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 attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
The PIL generally takes a large variety of cases that can be separated into two primary fields. 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 other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of reasons for a personal injury case is basically endless.
In addition, unlike nearly all other fields of law, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim may very well end up in court.
However, 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is fully 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. 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. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And lastly, 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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Duties?
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turns out, chooses whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Personal Injury Lawyer Near Me 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 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!