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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you been hurt either in an accident or by way of the willful neglect of others? There are times issues can be resolved by personal insurance or through a small claims case. If it is extremely minor it’s best to drop it and move forward because it may cause you more headache than it is worth spending your valuable time on.
But maybe you could use someone to take your side. Someone that will fight for your case. Someone who will really fight for your side. That’s when you really must have a Eagar personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is difficult. However, staying cool and logically oriented can make the difference between receiving the best payment or leaving the case with nothing.
An experienced Eagar personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the full breadth of the situation until discussing the matter with a legal professional. That person can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move ahead with any possible claim.
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What is a Eagar Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other valuables 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 another person, a civil attorney 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 may hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney accept?
A PIL usually handles a wide number of cases that can be divided into two primary categories. 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 another.
The second main field of a PIL is the intentional tort case. A purposeful tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from most other areas of the legal universe, PILs almost always work on a contingency fee basis. What this means is 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 otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can end up in front of a judge.
But 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 unnecessary legal fees. If the defendant is fully aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Eagar
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!