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What a Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or through the neglect of someone? Sometimes things can be resolved by personal insurance or through a small claims court. Occasionally it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to have your back. Someone who will gun for you. A person who will really fight for your side. That’s when you really should retain a Douglas personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and seeing things objectively is challenging. But keeping cool and logical can be the difference between receiving the best price or quitting the case feeling like you should have gotten a more appropriate solution.
An experienced Douglas personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even understand the implications of what’s happening until conversing with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Douglas Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the attorney has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL usually takes a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second primary study of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is nearly endless.
In addition, separate from most other areas of the legal universe, personal injury professionals nearly 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 is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim can 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 variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is totally aware that they are at fault for the incident that led to the claim, they probably do 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 DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for 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 due to unknown circumstances pretrial.
What are the PIL 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 occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Douglas
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 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!