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Things a Negligence Car Accident Attorney Near Me does:
Have you or a loved one been injured either in an accident or by way of the willful neglect of someone? Sure, sometimes incidents can be worked out through insurance or through a small claims case. Every once in a while it’s probably a good idea to drop it and get on with your life.
But perhaps you could use someone to get your back. Someone who will gun for you. Someone who can really fight for your side. That’s when you really should have a Kearny personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s a very trying time, and seeing things objectively is challenging. However, staying cool and logically oriented can make the difference between getting the fair compensation or going home empty handed.
An experienced Kearny personal injury attorney can act as a buffer between you and the near-impossible 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 potential consequences of what’s happening until conversing with a professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move ahead with the process of any potential case.
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What is a Kearny Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained 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 someone else, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person can retain a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be contacted, get 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 attempt to negotiate a settlement in the case. If negotiation fails, the lawyer can file a lawsuit in response. But what cases does a personal injury lawyer accept?
A PIL usually takes a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other main study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas of the legal universe, PILs generally work on a contingency fee basis. This means 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 otherwise. Their fee is based only upon a percentage of the 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 so simple. 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 may very well end up going to trial.
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 lends itself to a situation where the defendant can control risks and avoid unneeded 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A large 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 speed things up. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. The plaintiff would 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 award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. 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 of the terms but not others or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Kearny
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!