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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been injured either in an accident or by way of the neglect of others? Many times problems can be settled through personal insurance or through a small claims case. Every once in a while it can be best to forget about it and move on.
But there are times you need someone to take your side. Someone who will gun for your cause. A professional who can really fight for your side. Then you really must have a St. Johns personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident happened.
Being hurt in a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But staying calm and collected can be the difference between receiving the proper compensation that you deserve or quitting the case feeling incompetent.
An experienced St. Johns personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. Many people may not even fully realize the potential consequences of what might occur until sitting down with a legal professional. An attorney can help you see all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move ahead with any potential claim or case.
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What is a St. Johns Body Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally 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 a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury professional when the case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL usually handles a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be 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 second primary study of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is basically endless.
In addition, unlike most 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 has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim could potentially end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award sooner rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in St. Johns
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!