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What a Negligence Car Accident Attorney Near Me does:
Has a loved one or you been injured in an accident or by way of the willful negligence of others? At times incidents can be solved by personal insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth .
But there are times you need someone to get your back. Someone who will really fight for your case. A person who can fight on your side. Those are the times you really must have a Page personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the injury happened.
Being the victim of a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is nearly impossible. But remaining calm and logically oriented can make the difference between getting the best payment that you deserve or dropping the case with no recourse.
An experienced Page personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. Most people may not even realize the breadth of what could happen until sitting down with a professional. That person can help you realize all of this objectively, determine the claim and if they can be of service, and help you move ahead with the process of any possible claim.
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What is a Page Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the broader 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 on behalf of 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 another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person will hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information in 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 claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what cases can a personal injury lawyer take on?
A PIL usually takes a wide variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 someone else.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, separate from pretty much all other fields of the legal universe, PILs nearly 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 should be 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 Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving 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 could potentially 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 unnecessary legal costs. If the other party is fully 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. 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 provide unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than having to wait. Or they may just not want to finish the exhausting 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, chooses whether or not to bring the claim 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 absolutely 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 determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Page
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!