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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one been hurt in an accident or through the willful negligence of someone? Sure, sometimes problems can be worked out through insurance or through a small claims case. Every once in a while it’s a good idea to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But perhaps you could use someone to get your back. Someone that will gun for your cause. Someone who can really fight on your side. Those are the times you really should retain a Douglas personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back to your life before the incident occurred.
Being injured by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is difficult. However, remaining cool and collected can be the difference between getting the appropriate price that you deserve or quitting the case feeling like you didn’t get what you wanted.
A successful Douglas personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our intense legal system. Many people may not even realize the facts of what’s happening until conversing with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether they can be of service, and help you move ahead with the process of any potential case.
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What is a Douglas Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity on behalf of 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 bring the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and more.
After the PIL has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents in relation to your case, and use all possible 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 that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
A PIL usually tackles a large number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. 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 happens when someone willfully 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 basically endless.
In addition, which is different than nearly all other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last 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 unacceptable that a claim will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is completely 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for either. The plaintiff would rather settle for a little 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.
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 breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Douglas
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 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!