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Has a loved one or you become hurt either in an accident or through the willful neglect of others? At times things can be solved through personal insurance or through a small claims case. Every once in a while it can be best to walk it off and get on with your life.
But maybe you really need someone to take your side. Someone that will really gun for your case. A professional who will really fight for your side. Sometimes you really need a Kearny personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and being objective is challenging. However, remaining cool and logical can be the difference between receiving the best payment that you deserve or leaving the case with a situation you will never recover from.
A Kearny personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the facts of what’s happening until conversing with a legal professional. An attorney can help you realize all of this objectively, determine the claim and how 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 Injury From Doctor Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney accept?
The PIL usually tackles a wide variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar 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, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case could potentially end up going to court.
But 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 costs. If the other party 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 settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the 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 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 complete 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 whether a settlement is reached, chooses whether or not to 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 completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or partially agrees, 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 Injury From Doctor Lawyer Near Me in Kearny
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they 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!