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Duties of a Auto Accident Lawyers Near Me:
Has a loved one or you been injured in an accident or through the willful neglect of someone? At times problems can be solved through insurance or through a small claims court. Every once in a while it’s probably best to drop it and move on because it may cause you more headache than it is worth .
But at times you could use someone to take your side. Someone who will gun for you. Someone who can fight for your side. Then you really must have a Taylor personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is hard. But staying calm and collected can be the difference between getting the fair payment or leaving the case feeling like you should have gotten a better deal.
An experienced Taylor personal injury lawyer can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. Many people may not even understand the potential consequences of what could happen until sitting down with a legal professional. That person can help you realize all of this objectively, determine if a possible claim exists and if they can be of service, and help you move ahead with any potential claim.
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What is a Taylor Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually retained to recover money or other financial means 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 another person, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party could hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response. But what kinds of cases would a personal injury lawyer fight for?
The PIL usually tackles a large variety of cases that fall into two main 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 can be caused by 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 other primary field of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, unlike pretty much all other fields of the legal universe, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the 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 could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim will end up going to court.
However, it is unusual 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 party that is liable 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award as soon as possible rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking 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 Duties?
First they will take care of locating 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 incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Auto Accident Lawyers Near Me in Taylor
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!