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What a Personal Injury Lawyer Near Me does:
But perhaps you could use someone to take your side. Someone that will fight for your cause. A professional who will fight on your side. That’s when you really should have a Litchfield Park personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the incident happened.
Being harmed by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is nearly impossible. However, remaining cool and logical can make the difference between receiving the appropriate payment or going home worse off than before.
An experienced Litchfield Park personal injury attorney can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. Most people may not even understand the full breadth of what could happen until talking with a legal professional. An attorney can help you realize all of this objectively, determine the claim and if they can be of service, and help you move forward with any potential claim.
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What is a Litchfield Park Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation 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 a person 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 defendant to defend it. In the case of bodily injury, the injured party will hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by 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 contacted, research any and all documents in relation to your case, and use all potential resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response. But what cases would a personal injury lawyer fight for?
The PIL usually tackles a large number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary field of a PIL is the purposely executed wrongful case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these 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 can end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is 100% 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 settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 of benefit to either party. The plaintiff would rather settle for 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Litchfield Park
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!