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Duties of a Common Carrier Accident Injury Lawyer Near Me:
But maybe you really need someone to take your side. Someone who will really gun for your cause. A professional who will fight on your side. Sometimes you really should have a Somerton personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is nearly impossible. But staying calm and logical can make the difference between getting the best compensation or dropping the case with a situation you will never recover from.
An experienced Somerton personal injury professional can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. Most people may not even get the full breadth of what’s happening until speaking with a legal 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 ahead with the process of any possible claim.
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What is a Somerton Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents in relation to the claim, and use all available 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 may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
A PIL usually tackles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields 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 is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may end up in court.
But 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 unneeded legal costs. If the liable party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation 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 ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 for the best. The accusing party may in many cases rather settle for 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 award a much lesser amount.
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 opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim 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 everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only is in partial agreement, 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 Common Carrier Accident Injury Lawyer Near Me in Somerton
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 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!