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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the negligence of someone? Sure, sometimes issues can be settled by personal insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to forget about it and move forward.
But there are times you really need someone to take your side. Someone that will really fight for your cause. Someone who can really fight on your side. That’s when you really must have a Superior personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is never a good time. It’s an emotional time, and seeing things objectively is challenging. But remaining calm and logically oriented can make the difference between getting the fair price that you deserve or quitting the case feeling horrible.
A great Superior personal injury professional can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of the situation until speaking with a professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Superior Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally retained to recover cash or other assets 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 initiate the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response. But what cases can a personal injury attorney accept?
The PIL usually handles a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 someone else.
The second main study of a PIL is the purposely executed injustice case. An intentional tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is basically endless.
In addition, unlike nearly all other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who 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 a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 case could potentially end up in court.
But 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is 100% 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 give much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. 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 in the system for an additional length of time. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking 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 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 defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms. 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 others or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Superior
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!