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Duties of a Car Accident Lawyer:
But at times you really need someone to get your back. Someone who will really gun for your cause. Someone who will really fight for your side. Then you really should retain a Kearny personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, keeping calm and logically oriented can be the difference between getting the fair price that you deserve or leaving the case feeling like you should have gotten a better deal.
An experienced Kearny personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to navigate the ins and outs of our legal system. Many people may not even realize the breadth of what might occur until sitting down with a legal professional. An attorney can help you realize 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 the process of any potential case.
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What is a Kearny Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil 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 a person brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can hire a personal injury attorney when the case involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues arising from the injury, and more.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all their available resources to make sure all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation falls through, the attorney can file a lawsuit in response. But what cases would a personal injury lawyer fight for?
A PIL usually tackles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. 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 intentional tort case. A purposeful tort happens when one person purposely 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 potential causes for a personal injury case is basically endless.
In addition, and completely different from most other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case will 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation as soon as possible rather than later. Or they may simply not want to complete the never-ending 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 of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Kearny
Here at DeLozier Law, we have over 4 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 602-464-9666!