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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one become injured in an accident or by way of the neglect of someone? Sometimes things can be settled through insurance or through a small claims case. If it is very minor it’s probably best to forget about it and move forward.
But sometimes you really could use someone to take your side. Someone that will really gun for your cause. Someone who will really fight on your side. That’s when you really should have a Superior personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the injury occurred.
Being hurt by a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and being objective is very hard. But remaining calm and logically oriented can be the difference between getting the fair payment that you deserve or dropping the case with a situation you will never recover from.
An experienced Superior personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even understand the facts of what might occur until sitting down 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 forward with any potential claim.
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What is a Superior Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 begin the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information in 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 verify all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
A PIL usually tackles a wide number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually 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 a person.
The second primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of the legal world, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is 100% 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And finally, 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 plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest 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 Personal Injury Lawyer’s 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely 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 partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Personal 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 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!