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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or through the negligence of others? There are times things can be worked out by personal insurance or through a small claims case. Occasionally it’s probably a good idea to walk it off and get on with your life.
But perhaps you could use someone to get your back. Someone that will fight for you. A person who will really fight for your side. Sometimes you really need a Snowflak personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and seeing the situation objectively is hard. But staying calm and logical can be the difference between getting the fair compensation or leaving the case feeling horrible.
An experienced Snowflak personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Most people may not even understand the potential consequences of what could happen until speaking with a professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move forward with any possible case.
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What is a Snowflak Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually hired to recover money or other valuables 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 begin the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when said dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues arising from the injury, and more.
After the lawyer has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what cases could a personal injury attorney take?
A PIL usually handles a large variety of cases falling into two main groups. 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 another.
The other primary field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may very well end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation in the near term 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 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 of benefit to either party. The plaintiff 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Snowflak
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!