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Duties of a Red light Car Accident Attorney near Me:
Have you or a loved one become injured in an accident or through the willful negligence of others? At times problems can be resolved by insurance or through a small claims court. Every once in a while it’s probably best to walk it off and move forward.
But at times you could use someone to take your side. Someone that will really fight for your case. Someone who will fight on your side. Then you really should have a Snowflak personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and seeing things objectively is hard. However, remaining calm and logical can be the difference between getting the appropriate price that you deserve or going home with no recourse.
A successful Snowflak personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the breadth of the situation until discussing the matter with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with any possible case.
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What is a Snowflak Red light Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired 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 initiate the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take on?
A PIL usually handles 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 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 negligence or incompetence of a person.
The second primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, unlike pretty much all other areas of law, personal injury attorneys 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 overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may very well end up in court.
But 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 fees. If the defendant is completely 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 settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the 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.
What are the PIL 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, 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 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 all of them or only 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 go to court.
Choose the Successful Red light Car Accident Attorney 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 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!