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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one become injured either in an accident or by way of the neglect of others? Many times issues can be dealt with by insurance or through a small claims case. If it is very minor it’s probably a good idea to forget about it and get on with your life.
But perhaps you need someone to take your side. Someone who will really gun for your cause. A person who can really fight for your side. That’s when you really must have a Somerton personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is difficult. However, keeping calm and logical can be the difference between receiving the best price that you deserve or dropping the case empty handed.
A Somerton personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of what’s happening until talking with a legal professional. That person can help you realize all of this objectively, determine if a potential claim exists and if they can be of service, and help you move ahead with any potential claim or case.
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What is a Somerton Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial means 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 lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer accept?
The PIL generally tackles a large variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 someone.
The other primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a 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 personal injury claim will end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates 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 probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case 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 provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 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 attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Somerton
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!