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Duties of a Train Personal Injury Lawyer Near Me:
But perhaps you really could use someone to have your back. Someone that will fight for your case. A professional who will really fight on your side. That’s when you really must have a La Paz County personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and being objective is very hard. But staying calm and logical can make the difference between receiving the proper compensation or going home with no settlement.
An experienced La Paz County personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even understand the breadth 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 how they can help with your case, and help you move ahead with any potential claim or case.
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What is a La Paz County Train Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial means from a person or legal entity for 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 begin the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured party might retain a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be found, 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 may first attempt to negotiate the settlement of the case. If negotiation fails, the lawyer can file a lawsuit in response. But what cases does a personal injury lawyer take?
A PIL generally handles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 the 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 totally unacceptable that a personal injury claim may very well end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is 100% 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 give much larger damages.
Secondly, a settling the case will keep it low profile. 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 is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment sooner 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 simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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 getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed 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 attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to trial. 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 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 Train Personal Injury Lawyer Near Me in La Paz County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!