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Duties of a Car Accident Lawyer:
But maybe you could use someone to have your back. Someone who will really fight for you. A professional who will fight for your side. Sometimes you really need a Taylor personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and being objective is difficult. But remaining cool and logical can be the difference between getting the proper price that you deserve or going home feeling incompetent.
A great Taylor personal injury professional can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the breadth of the situation until talking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move ahead with any potential claim or case.
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What is a Taylor Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person will hire a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases could a personal injury lawyer fight for?
A PIL usually handles a large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 someone else.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could 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 could potentially end up in front of a judge.
But 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement 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. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of 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 getting 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 defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation turns out, chooses whether or not to bring the claim to trial. 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 no reason to file a court case. If the other party agrees to some terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Taylor
Here at DeLozier Law, we have many 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 602-464-9666!