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Duties of a Personal Injury Lawyer Near Me:
But sometimes you really could use someone to take your side. Someone who will really fight for you. A professional who will fight for your side. Those are the times you really should retain a Eagar personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and seeing things objectively is nearly impossible. But staying cool and collected can make the difference between receiving the appropriate payment or quitting the case empty handed.
An experienced Eagar personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the potential consequences of what might occur until sitting down with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with any possible claim.
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What is a Eagar Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 start the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person can retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents related to the claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take on?
A PIL usually handles a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second primary field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from most other areas of law, personal injury lawyers generally 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 should be no upfront payment, for consultation or any other service. Their fee is based solely 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 so simple. 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 personal injury claim will end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is 100% 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation works out, decides if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Eagar
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!