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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one been injured either in an accident or through the negligence of others? Sometimes incidents can be worked out by personal insurance or through a small claims court. If it is not worth fighting for it can be best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you really need someone to take your side. Someone who will fight for your cause. A professional who will really fight on your side. That’s when you really should have a Colorado City personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is nearly impossible. However, keeping cool and logical can be the difference between getting the proper price or dropping the case with nothing.
A successful Colorado City personal injury professional can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the breadth of what could happen until conversing with a legal professional. An attorney can help you see all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move ahead with any potential claim or case.
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What is a Colorado City Body Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally hired to recover cash 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 another person, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health issues caused by the injury, and more.
After the lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response. But what cases does a personal injury attorney take?
The PIL usually handles a large number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other primary field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is basically endless.
In addition, unlike pretty much all other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 unacceptable that a claim may 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 lends itself to a situation where the defendant can control risks and avoid unnecessary 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A big 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 privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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. The plaintiff would rather settle for 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 award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of locating 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 defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees 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 file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Colorado City
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!