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What a Train Personal Injury Lawyer Near Me does:
But at times you need someone to take your side. Someone that will fight for your case. A professional who can fight for your side. Those are the times you really should have a Page personal injury lawyer that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is difficult. However, keeping calm and collected can be the difference between getting the proper payment or dropping the case with nothing.
A successful Page personal injury professional can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. Many people may not even comprehend the full breadth of what’s happening until talking with a professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and if they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Page Train Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity for 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 bring the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to the case, and use all possible 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 falls through, the lawyer may file a lawsuit in response. But what cases can a personal injury attorney accept?
The PIL generally takes a wide number of cases that can be divided into two primary fields. 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 caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other main field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to most other areas of the legal world, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be 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 claim may very well end up going to court.
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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is fully 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award 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 go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for 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 PIL 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 lawyer 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 requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case in front of a judge. 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 to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine 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 Page
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 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!