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Has a loved one or you become injured in an accident or by way of the willful neglect of others? At times incidents can be determined through insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and get on with your life.
But at times you really could use someone to take your side. Someone who will fight for your cause. A person who can really fight on your side. Then you really should have a Litchfield Park personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is very hard. But remaining calm and logically oriented can be the difference between receiving the proper payment or dropping the case feeling incompetent.
A great Litchfield Park personal injury professional can act as a counselor between you and the challenging situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even understand the facts of what could happen until discussing the matter with a professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Litchfield Park Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually hired 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person could hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response. But what kinds of cases does a personal injury lawyer fight for?
A PIL generally takes a large number of cases that fall into two primary 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 other main field of a PIL is the intentional injustice case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is essentially endless.
In addition, which is different than most other areas of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 lend 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 lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment as soon as possible 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 just 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 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 of benefit to either party. The accusing party would rather settle for 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 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 lawyer 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 requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Litchfield Park
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 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!