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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or through the willful negligence of someone? At times issues can be dealt with by personal insurance or through a small claims court. If it is not worth fighting for it’s a good idea to forget about it and get on with your life.
But there are times you really need someone to have your back. Someone that will really fight for you. A professional who will really fight for your side. That’s when you really need a St. Johns personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing things objectively is challenging. But remaining calm and logically oriented can make the difference between getting the appropriate payment or leaving the case with no money.
A successful St. Johns personal injury legal representative can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even realize the breadth of what could happen until speaking with a legal professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and whether or not they can be of service, and help you move forward with any possible claim.
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What is a St. Johns Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for 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 start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person may hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
A PIL usually handles a large variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 someone else.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful 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. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, unlike nearly all other areas of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely 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 can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may 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 several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully 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 out of the news and the public eye. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait. 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 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 the best situation. The accusing party may in many cases 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 court case 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 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 opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in St. Johns
Here at DeLozier Law, we have over 4 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!