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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been injured either in an accident or through the negligence of others? Sometimes things can be determined by insurance or through a small claims court. If it is not worth fighting for it’s best to forget about it and move on.
But perhaps you need someone to have your back. Someone that will really fight for your cause. A professional who will fight for your side. Sometimes you really should retain a Litchfield Park 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 injury occurred.
Being hurt in a crime, accident, or willful negligence is not fun. It’s an emotional time, and seeing the situation objectively is difficult. But staying cool and logical can be the difference between getting the best compensation that you deserve or going home with no settlement.
A successful Litchfield Park personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the implications of the situation until conversing with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and whether or not they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Litchfield Park Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 someone else, a civil lawyer is usually hired to start 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 might retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response. But what kinds of cases can a personal injury attorney take?
The PIL usually takes a large variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 carelessness or incompetence of another person.
The other main field of a PIL is the intentional wrongful case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats 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 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 could send back a counteroffer if they feel they are not getting enough 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 court.
But it is rare 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 costs. If the defendant is completely 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 out of the news and the public eye. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of gathering 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 detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turns out, decides if they will bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Litchfield Park
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!