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What a Personal Injury Lawyer Near Me does:
But perhaps you could use someone to get your back. Someone who will fight for your cause. A professional who can fight for your side. Sometimes you really must have a Kearny personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the injury occurred.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is difficult. But staying cool and collected can make the difference between receiving the best payment that you deserve or quitting the case a permanently awful situation.
An experienced Kearny personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of what could happen until talking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with any possible claim or case.
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What is a Kearny Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are usually retained to recover cash or other assets 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 bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person can hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
The PIL usually handles a large number 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 is usually 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 other main study of a PIL is the intentional tort case. A purposeful tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly 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 final steps of the process aren’t necessarily easy. The injured party could 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 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 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 completely aware that they are at fault for the incident that led to the claim, they may 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 on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award in the near term rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 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 requested.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Personal Injury Lawyer Near Me in Kearny
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!