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Duties of a Red light Car Accident Attorney near Me:
But sometimes you really could use someone to have your back. Someone who will gun for your cause. Someone who can really fight for your side. That’s when you really should retain a St. Johns personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is difficult. However, remaining calm and logical can make the difference between getting the proper compensation that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
A St. Johns personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even get the full breadth of what might occur until talking with a legal professional. A legal adviser can help you realize 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 potential case.
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What is a St. Johns Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other valuables 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 someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person may hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all their available resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take?
The PIL usually tackles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other fields of law, PILs generally 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 only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may very well end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is completely aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award 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 public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case 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 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 breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turns out, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Red light Car Accident Attorney near Me in St. Johns
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!