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Duties of a Negligence Car Accident Attorney Near Me:
But sometimes you really need someone to get your back. Someone that will fight for your case. A person who can really fight on your side. That’s when you really should retain a Globe personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s an emotional time, and being objective is challenging. But keeping cool and collected can be the difference between getting the best price or dropping the case worse off than before.
An experienced Globe personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of the legal system. Most people may not even realize the breadth of what could happen until conversing with a legal professional. An attorney can help you see all of this in a more objective light, determine the claim and whether they can help with your case, and help you move ahead with the process of any possible case.
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What is a Globe Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money 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 attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation falls through, the attorney could fie a lawsuit in response. But what cases does a personal injury attorney take?
The PIL generally takes a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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.
The other main study of a PIL is the purposely executed tort case. An intentional tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only 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 so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim could potentially end up going to 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A large 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 confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 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 detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Globe
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!