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Have you or a loved one been injured either in an accident or through the willful negligence of others? Sometimes problems can be solved by personal insurance or through a small claims case. Every once in a while it’s probably best to walk it off and get on with your life.
But sometimes you really need someone to take your side. Someone that will fight for you. A person who will fight on your side. That’s when you really must have a Clifton personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is challenging. But keeping calm and collected can be the difference between receiving the fair price or leaving the case feeling like you should have gotten a more appropriate solution.
An experienced Clifton personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even get the facts of what’s happening until talking with a legal professional. That person can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move ahead with any potential claim or case.
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What is a Clifton Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category 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 someone else, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
A PIL generally takes a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second main study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is essentially endless.
In addition, and completely different from nearly all other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting 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 in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 required to win a legal battle.
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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely 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 locating 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 defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Red light Car Accident Attorney near Me in Clifton
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!