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Duties of a Body Injury Lawyer Near Me:
But perhaps you need someone to take your side. Someone who will fight for you. A person who will really fight for your side. That’s when you really should retain a Globe personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life before the injury happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is challenging. However, staying calm and logical can be the difference between receiving the proper payment that you deserve or dropping the case with a situation that you will not like.
An experienced Globe personal injury professional can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. Most people may not even fully realize the facts of the situation until conversing with a legal professional. A legal adviser can help you realize all of this objectively, determine if a potential claim exists and whether or not they can be of service, and help you move ahead with any potential claim or case.
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What is a Globe Body Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually 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 someone else, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response. But what cases can a personal injury attorney accept?
The PIL generally tackles a large variety 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 neglect, 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 other main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other areas of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just 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 last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment in the near term rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Globe
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!