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Duties of a Car Accidents Caused by Negligence Lawyer:
But sometimes you really need someone to take your side. Someone that will really gun for your case. A person who will fight on your side. Sometimes you really should have a St. Johns personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, keeping cool and collected can make the difference between receiving the best payment that you deserve or dropping the case broke.
An experienced St. Johns personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. Most people may not even comprehend the potential consequences of what might occur until conversing with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and if they can be of service, and help you move ahead with any possible case.
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What is a St. Johns Car Accidents Caused by Negligence Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally 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 someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party will hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take?
The PIL usually tackles a large variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 negligence or incompetence of another person.
The other primary study of a PIL is the intentional tort case. An intentional tort happens when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could Happen in an 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case can end up in court.
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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is totally 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 settlement can help keep the case on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation sooner rather than later. 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 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 accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
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 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Car Accidents Caused by Negligence Lawyer in St. Johns
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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 602-464-9666!