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Have you or a loved one become injured either in an accident or through the neglect of others? There are times issues can be solved through insurance or through a small claims court. Every once in a while it’s probably best to walk it off and get on with your life.
But maybe you really need someone to take your side. Someone who will really fight for your case. A person who will fight on your side. Sometimes you really must have a Kearny personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is very hard. However, keeping calm and logical can be the difference between receiving the appropriate payment or dropping the case feeling like you didn’t get what you wanted.
A Kearny personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. Many people may not even comprehend the facts of what’s happening until speaking with a legal professional. That person can help you realize all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move forward with any possible claim.
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What is a Kearny Red light Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury professional when the case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents related to the claim, and use all their possible 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 negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
A PIL generally takes a wide variety of cases that can be divided into two primary 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 is usually caused by 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 another person.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, unlike pretty much all other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 totally unacceptable that a case could potentially end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is totally aware that they are at fault for the incident that led to the claim, they probably do 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 on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. 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 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 accusing party would 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 claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
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 occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Red light Car Accident Attorney near Me in Kearny
Here at DeLozier Law, we have many 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!