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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you been injured either in an accident or by way of the willful neglect of someone? Sometimes problems can be worked out through personal insurance or through a small claims case. Every once in a while it’s a good idea to forget about it and move forward.
But perhaps you need someone to have your back. Someone who will really fight for you. A person who can really fight on your side. Then you really must 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 incident occurred.
Being hurt by a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and being objective is challenging. But remaining calm and logical can make the difference between receiving the proper payment that you deserve or leaving the case feeling horrible.
An experienced St. Johns personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the breadth of what’s happening until conversing with a professional. A legal adviser can help you see all of this objectively, determine the claim and if they can be of service, and help you move ahead with any possible claim.
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What is a St. Johns Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally 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 start the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person can retain a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to the case, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation doesn’t work, the attorney could fie a lawsuit in response. But what cases can a personal injury attorney take on?
The PIL usually handles a wide 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 neglect, and wrongful death cases. Wrongful death can be caused by 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 person.
The second main study of a PIL is the purposely executed tort case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will end up going to court.
However, it is rare 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 unneeded legal costs. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they would 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 DL. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation sooner rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built 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 required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me 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 602-989-1759!