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Duties of a Hurt in a Wreck Lawyer:
Have you or a loved one been hurt either in an accident or through the neglect of someone? Sometimes things can be resolved by personal insurance or through a small claims court. Every once in a while it can be best to drop it and get on with your life because it may cause you more headache than it is worth .
But at times you need someone to have your back. Someone who will really fight for your case. A person who will really fight for your side. Then you really should retain a Eagar personal injury professional that will fight for your rights, both financial and individually, so you can get back to your life prior to when the injury happened.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is challenging. But remaining cool and logically oriented can make the difference between getting the proper price or going home with no money.
A successful Eagar personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of the legal system. Many people may not even comprehend the facts of what could happen until talking with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Eagar Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
The PIL generally handles a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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 second primary study of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, separate from most other fields of law, personal injury professionals 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 beats 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 last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may 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 several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 attorney 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 occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. 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 others or only is in partial agreement to terms, 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 Hurt in a Wreck Lawyer in Eagar
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!