Top Rated Auto Accident Lawyers Near Me in Kearny For 2020
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Duties of a Auto Accident Lawyers Near Me:
But maybe you really need someone to get your back. Someone that will really gun for your case. Someone who will really fight for your side. That’s when you really should have a Kearny personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life before the injury occurred.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is very hard. However, staying cool and logically oriented can make the difference between receiving the best compensation that you deserve or going home empty handed.
A successful Kearny personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even comprehend the full breadth of what might occur until talking with a professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Kearny Auto Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and more.
After the lawyer has been hired, they will gather everything in 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 available resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer take on?
The PIL usually handles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The other primary field of a PIL is the intentional wrongful case. An intentional tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, PILs generally 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 is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may very well end up going to court.
However, 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 initiates 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 on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully 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 there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 for the best. The plaintiff may in many cases 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 PIL 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. 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 whether or not to bring the case to court. 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 all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Auto Accident Lawyers Near Me in Kearny
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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 602-464-9666!