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Things a Body Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or by way of the negligence of someone? There are times problems can be resolved by personal insurance or through a small claims case. If it is extremely minor it can be a good idea to forget about it and move on.
But there are times you really need someone to have your back. Someone that will fight for you. Someone who can fight on your side. Then you really should retain a Parker personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not ever a good time. It’s an emotional time, and being objective is nearly impossible. However, remaining calm and logically oriented can be the difference between getting the fair price or going home with no recourse.
A successful Parker personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even comprehend the potential consequences of the situation until conversing with a professional. A lawyer can help you see all of this objectively, determine if a claim exists and if they can be of service, and help you move forward with any potential case.
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What is a Parker Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments 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 initiate the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person will retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been hired, 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 the case, and use all potential resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation falls through, the legal professional can file a lawsuit in response. But what kinds of cases could a personal injury attorney fight for?
The PIL generally tackles a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the intentional tort case. An intentional tort occurs when one person purposely 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 reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of law, personal injury professionals generally 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 otherwise. Their fee is based just upon 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 enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may very well end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of locating 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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the case to trial. 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 Parker
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 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!