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What a Auto Accident Lawyers Near Me does:
Have you or a loved one been hurt in an accident or through the willful negligence of others? Many times problems can be worked out by insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to walk it off and move forward.
But perhaps you really need someone to take your side. Someone who will really fight for you. A person who will really fight for your side. Those are the times you really should have a Youngtown personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But staying calm and logical can be the difference between getting the fair compensation that you deserve or going home with no recourse.
A great Youngtown personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the potential consequences of the situation until speaking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with any potential claim.
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What is a Youngtown Auto Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the attorney 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 can be found, research any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
A PIL usually tackles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 uncaring state or incompetence of another.
The other primary study of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, separate from pretty much all other fields of the legal world, personal injury professionals nearly 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 is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 totally unacceptable that a claim could potentially end up in front of a judge.
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 costs. If the other party is totally 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation for either. 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.
What are the PIL Duties?
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to 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 completely 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, 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 file a claim in court.
Choose the Successful Auto Accident Lawyers Near Me in Youngtown
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!