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Things a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or by way of the neglect of others? Many times incidents can be dealt with by personal insurance or through a small claims case. Every once in a while it can be probably best to walk it off and get on with your life.
But sometimes you really need someone to take your side. Someone who will really fight for your cause. A person who can really fight for your side. Those are the times you really should have a Kearny personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, keeping cool and logical can make the difference between getting the proper price or dropping the case with a situation you will never recover from.
An experienced Kearny personal injury attorney can act as a buffer between you and the challenging situation, making it easier to work with the ins and outs of the legal system. Many people may not even understand the facts of what’s happening until speaking with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and whether or not they can help with your case, and help you move forward with the process of any potential case.
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What is a Kearny Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents in relation to the case, and use all possible resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional may file a lawsuit in response. But what kinds of cases would a personal injury lawyer fight for?
The PIL generally tackles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 negligence or incompetence of a person.
The second main study of a PIL is the intentional wrongful case. A purposeful tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. 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 will end up going to trial.
But 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 costs. If the other party is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation in the near term rather than later. Or they may simply 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 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 what either party wants. The plaintiff would rather settle for 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.
What are the Personal Injury Lawyer’s Tasks?
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 defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will 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 to all terms, 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 decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Kearny
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!