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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been injured either in an accident or by way of the willful negligence of others? Sometimes problems can be worked out through insurance or through a small claims case. Occasionally it’s probably best to forget about it and get on with your life.
But perhaps you really need someone to take your side. Someone that will fight for your case. A person who will really fight on your side. Sometimes you really should have a Youngtown personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is not fun. It’s an emotional time, and seeing the situation objectively is nearly impossible. But keeping calm and collected can be the difference between receiving the fair price that you deserve or quitting the case with your tail between your legs.
A successful Youngtown personal injury attorney can act as a counselor between you and the difficult situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even understand the potential consequences of what could happen until discussing the matter with a professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and whether or not they can be of service, and help you move ahead with the process of any potential claim.
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What is a Youngtown Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally retained 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 someone else, a civil attorney is usually hired to initiate 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 can hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
A PIL generally tackles a large variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 negligence or incompetence of someone.
The second main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs 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 otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a 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 totally unacceptable that a claim may very well end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other 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 settling the case will keep it low profile. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award sooner rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Youngtown
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!